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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: March 6, 2008 PAGE NO: 1
BOARD MEMBERS: 1. Daniel P. Dermody, Chairman 5. Richard Faulkner, Clerk
2. David Pimental 6. Bob Campbell, Vice Chairman
3. Arthur Lopes 7. Manuel Spencer
4. Anthony Abreau
ADVISORS:
8. James F. Greene, City Engineer
9. Kevin Scanlon, City Planner
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Meeting opens at 5: 32 PM. Roll Call: Campbell, Spencer, Lopes, Faulkner and Abreau. Also present was City Engineer James F. Greene.
Dick made motion to accept minutes of February 7, 2008, seconded by Manny. All in favor.
Cont'd. Silver Fox Estates - Completion of Subdivision -REQUESTING CONTINUANCE
Atty. David Gay was invited into the enclosure. Atty. Gay stated they are requesting a continuance because of a few items like the Conservation Restriction. The conservation restriction is in Boston and they need another form and it should be filed within a couple of weeks and recorded at Registry of Deeds.
Letter from the City Planner citing some unresolved issues was placed on file.
It was suggested having the petitioner contact the office when all items are complete for placement on Agenda.
Silver Fox Estates - Release of Lot 3 - Letter from Atty. David Gay requesting it to be released prior to Conservation Restriction being filed.
Atty. Gay stated they are waiting to release Lot 3 pending the Conservation Restriction being filed.
Letter from the City Planner was read into the record recommending releasing Lot 3 but holding the others.
Arthur made motion to release Lot 3 with no additional surety being needed, seconded by Tony. All in favor.
Conway Estates - recently approved - letter from Atty. Funke in regards to re-location of the cart path.
Atty. Robert Funke was invited into the enclosure. He submitted letter on behalf of Mr. Conway, developer of recently approved subdivision. Atty. Funke stated in 2004 the law change relative to cart paths and having to obtain all owners approval before relocating them. The law now states that if it is a reasonsable re-location all persons who have access do not have to be notified. Atty. Funke presented new proposal for the re-location of the existing cart path for Conway Estates. Vice Chairman Campbell stated he spoke with Mrs. Goldrick who had submitted letter in regards to the cart path. Bob stated he explained the new proposal to her and she has no problem with it. She was in attendance and stated she had no objection to it. Bob explained the way the Board voted last month and the difference.
The City Planner's letter was read into the record in favor of re-location of cart path. Kevin also mentions obtaining everyone's permission to who has access. Atty. Funke stated in 2004 the law changed and he would not want an unnecessary lawsuit over this.
Page 2 of 3 - P.B Minutes - 3-6-08
Bob stated he thought this was a reasonable location and stated the Board has to determine if this is a minor change.
Dick made motion to find it to be a minor change and voted to approve the re-location of the cart-path to the following location:
Beginning at the northerly terminus of Willis Pond Road as shown on both said plans;
Thence running northerly upon the PROPOSED 40 ' RIGHT OF WAY to Barry Drive as shown by said 2007 plan;
Thence running easterly by said Barry Drive to Paige Way as shown on said 2007 plan;
Thence running northerly by said Paige Way to Fremont Street, a public way shown on said 2007 plan.
Seconded by Manny, All in favor.
Sydney's Way - Update on drainage system - complaint from Plain St. resident
Vice Chairman Campbell stated they received a letter from an abutter relative to a complaint of drainage. Atty. William Manganiello, Elliott Schneider, Ken Motta, Field Engineering, and Ernest Charette, 243 Plain St. were invited into the enclosure. Mr. Charette stated they had major problem with water on Plain Street and most of it was addressed but the balance ended up on his property. He state he had agreement with Mr. Schneider relative to putting in swale. Mr. Charertte stated there property was originally farm land. In a letter dated November 2007 Mr. Schneider indicated they were not going to do what he agreed to do. Atty. Manganiello submitted photos from the City of Taunton On-Line GIS showing aerial photo of the property and the vegetation and then in another photo the vegetation is gone.
It also looks like road was installed and there is not much indication of flooding in area. Atty. Manganiello stated that it looks like water is coming from the existing Plain Street and not the new area of Plain Street that was paved by Mr. Schneider. Mr. Charette stated the roadway was put in by the power company for access to the poles. It was noted 2005 aerial photo doesn't show roadway. Mr. Charette stated the swale is completely inadequate and when it's frozen he gets all the water. It's a very critical area. Mr. Schneider agreed to do 2 things. First was to install drainage and overlay a portion of Plain Street. He even went beyond of what was required and put leveling course on roadway and he agreed to install swale on the last lot (Correia) and Charette property. Mr. Schneider stated he is prepared to do swale but stated Mr. Charette took out vegetation and added fill and now he feels he's not
responsible or obligated to fix his mistake. He stated the conditions have changed since he agreed to do these things. Mr. Charette just wants to be protected and wants some kind of resolution. Mr. Schneider stated he's not permitted to touch the existing drainage per Cons. Commission. Ken Motta, Field Engineering shows plans to the Vice Chairman. Dick noted that it appears that water increased when the Form A lot were developed. Mr. Charette expressed his feelings of 8 houses will eventually be going in and they need a way of handling the water. Atty. Manganielllo re-iterated that the 2005 City of Taunton GIS aerial photo show vegetation and now it doesn't. Mr. Charette admits that he did bring fill in and took down trees as told by the Conservation Commission. Bob asks Ken Motta if there is room for swale? Jim suggests putting culvert out there? Mr. Schneider stated he agreed to this prior to the conditions changing? Manny stated that Mr. Charette has lived in this
area for some time and the Board needs to protect the citizens and if something was promised then it should be done. Tony also agreed if there was an agreement between the 2 gentlemen then it should be honored. Atty. Manganiello stated they are not saying they won't do it just how reasonable It was noted that this area has been historically wet because it's so flat. It was noted that the agreement was to remove stone wall and put swale in. Mr. Schneider now stated they shouldn't be required to move the whole stone wall, maybe a portion of it? Dick asked if the TMLP as easement? Mr. Charette answers no just verbal agreement. Bob stated that the P.B. interest is to correct water that might have been from the Form A Lots. However; he is aware that there was an agreement made by the developer and Mr. Charette and the Planning Board cannot technically enforce.
Page 3 of 3 - P.B Minutes - 3-6-08
Atty. Manganiello stated that Mr. Schneider doesn't own the stone wall and trees? It was noted that there was permission given to remove the stone wall and trees. Bob re-iterated that the Board's jurisdiction is to resolve the water issue with minimal impact with the smallest extent possible. Mr. Schneider stated he is willing to take out a section of the wall to fix problem. The developer, along with the City Engineer and Ken Motta, Field Engineering will meet out there and find a reasonable solution. Mr. Schneider stated as soon as it's dry. It was noted the City Engineer would be out the next week on vacation.
Earth Removal Permit - William Couto - Pit #66 - Staples St.
Letter From the City Planner was read into the record. City Engineer gave brief presentation relative to the request. The access road is the same as permit #78 which comes out to Kingman Street.
Tony made motion to forward a positive recommendation to the Municipal Council, seconded by Manny. All in favor.
Earth Removal Permit - Tower - 632 Somerset Ave. -
The City Planner's letter was read into the record. City Engineer stated the applicant is taking down hill and the roadway is being re-constructed. Tony stated they are saving the City about $200,000 because now the City doesn't have to re-build the stone wall. Bob asked about the restoration plan? Jim answers he thinks just loan and seed.
Tony made motion to forward a positive recommendation to the Municipal Council, seconded by Arthur. All in favor.
Dick Faulkner excused at 6:45 PM.
Earth Removal Permit - McCaffrey - 692 Caswell St - renewal Pit #80
The City Planner's letter was read into the record. City Engineer stated there is the existing permit on Caswell Street.
Tony made motion to forward a positive recommendation to the Municipal Council, seconded by Manny. All in favor.
Earth Removal Permit - Gibbs - 1185 Norton Ave., - Pit #82 - Release of passbook
The City Planner's letter was read into the record. City Engineer stated this is closing out and the applicant wishes to have the passbook released.
Arthur made motion to forward a positive recommendation to the Municipal Council, seconded by Manny. All in favor.
Meeting adjourned at 7:00 PM.
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