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6-5-08 minutes
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                   TAUNTON PLANNING BOARD MINUTES
              CITY HALL, TAUNTON, MA 02780
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DATE:  June 5, 2008                                                                                          

BOARD MEMBERS:           1.  Daniel Dermody, Chrmn.        5.  Richard Faulkner, Clerk  
                                              2.  Arthur Lopes                            6.  Bob Campbell, V.C.
                                              3.  Tony Abreau                            7.  Manuel Spencer  
                                              4.   David Pimental
ADVISORS:                         
                                              8.  James F. Greene, City Engineer
9.      Kevin Scanlon, City Planner

Roll Call:  Spencer, Campbell, Pimental Lopes, Faulkner and Dermody present. Meeting opens at 5:34 PM.    
Also present was City Engineer James Greene.

Chairman Dermody brought up the summer schedule.  It was suggested discussing at the end of meeting.

Cont’d. Hearing – SP for Common Driveway – Lozinski -  for property on Field Street, on Assessor’s Reference  Map 16-1.   
Letters from Water Dept., City Engineer, Fire Dept. and B.O.H. were read into the record and placed on file.  Bob Taylor was invited into the enclosure.  He stated Mike Lozinski couldn’t be here tonight.   Mr. Taylor stated last time there was some concern with tying into Municipal Water. He stated these lots will be serviced by wells.  Mr Taylor stated running the water line from Lothrop Street approximately 2,500 feet would be too costly.  Mr. Taylor agrees with the Fire Dept. comments but wasn’t aware of the DPW Engineering comments.  Mr. Taylor stated running that depth and width would cause a large financial burden to them .  Mr. Taylor stated the cost to run water service 535 feet to service 3 lots will be too costly.  He stated he sold a lot to Tony Abreau and they put their own in.  The City Engineer stated he had no problem with chip seal instead of what he recommended in his letter. Bob Campbell stated he had problem with chip seal. He stated there will be 3 owners involved and you want something that’s going to stay there.  Bob stated this is a Special Permit and could place covenant on lots.  Bob Campbell stated the applicant should expect to pay for common driveway.  Mr. Taylor states he expect to build driveway and he can by right have 2 lots serviced by same driveway.  Bob Campbell asked if Mr. Taylor had any update on conveying backland to non-profit agency?  Mr. Taylor answers no.  No one appearing in favor.   Ellen Clark-Lavender, 128 Field Street in opposition.  Mr. Fred Clark representing Mrs. Clark-Lavendar.  He references the Rules & Regulations and the definitions.   Mr. Clark wanted some of the questions from last time answers and some have been.  The lots will be serviced by wells and the back land has not been conveyed to non-profit organization?   He wanted to know who maintains the driveway?  Mr. Clark noted the radius is not on plans and what about easement for utilities?  It was stated the homeowner’s association will maintain driveway and there will be common facilities.  There will be a 20 foot wide easement for driveway.  No on else in opposition.
Dick made motion to close public input, seconded by David. All in favor.

Mr. Taylor had some issues with the conditions in the City Engineer’s letter.  He stated he was led in this direction by the Conservation Agent and City Planner to avoid wetland crossing.  Chairman Dermody stated they are not treating him any different than anyone else. Mr. Taylor stated he would be willing to help out


Page 2 of 4 – P.B Minutes – June 5, 2008

the water department.  He was told by the Head of the Water Dept. that there was money budgeted for this street and it went to Lothrop Street.  He stated the City is not interested at this time running water from Lothrop Street to Scaddings Street.  Bob asked Mr. Taylor if he would prefer a denial to help him with the Conservation Commission?  Mr. Taylor stated he has to go to Conservation Commission any way.  Mr. Taylor stated he thought the Board was holding the back land hostage by putting restriction on it.  Bob stated they would never land lock a piece of property.  Mr. Taylor asked if they were going to put restriction of back land being conveyed to a non-profit agency. Bob stated they did it for the Form J approval last month and that is how it was presented to the Board.   Mr. Faulkner stated the Board has to go by their rules & regs.  Manny stated he had issue with public safety and the cost factor to the individuals who buy property.  He doesn’t feel comfortable with this.  Arthur agreed.

Dick made motion to approve the Special Permit for common driveway with the following conditions:
1.      The driveway easement shall be 20 feet wide.
2.       The driveway shall be 15 feet wide.
3.       The gravel base shall be 8 inches.
4.       The driveway shall be 2 inches of bituminous concrete.
5.       Driveway shall be maintained by a Homeowner’s Association.
6.      A 20 foot wide buffer shall be between the driveway easement and property line running back 160 feet on Lot 2E.   
7.       Lot 2J be conveyed to a non-profit agency prior to a building permit is issued for Lots 2G & 2H or it remain part of Lot 2G until such time as it can be conveyed to non-profit agency for preservation purposes as stated as at hearing.  

Motion seconded by Manny. All in favor.   Please Note:  Condition #4 was originally for 3 ½ inches of bituminous concrete.   Bob Campbell suggested changing it to 2 inches upon the acceptance of the City Engineer which agreed that would be ok.    
 Hearing closed at 6:08 PM.

 Waltham & Knapp Street – Roadway Improvement Plan – letter from Ann Silvia – relative grading
Letter from Ann Silvia addressed to the Chairman was read into the record.  The City Engineer stated he hasn’t heard of any drainage problems out there.   The design hasn’t changed.   There may be some temporary conditions out there.  The Board suggesting having the City Engineer monitor the project and if any problems arise they should be notified.
Dick made motion to send letter to Ms. Silvia notifying of same. Seconded by Dave. All in favor.

Harvey Hills Estates – Project Update – located off Harvey St.
Clerk Faulkner read the inspection report from the outside inspector.  Chairman Dermody stated he received a phone call from Bob Campbell and he received a call from Bob Patneaude informing him of the removal of earth resulting in the railroad tracks being visible.  Chairman Dermody stated he spoke with the applicant’s engineer, Brad Fitzgerald and he said that Mr. Lopes is willing to put up fence.  He will be erecting a fence for safety reasons.  

Bob made motion to send a letter of thanks to Mr. Lopes for his fast action, seconded by Dick. All in favor.




Page 3 of 4 – P.B Minutes – June 5, 2008



Public Hearing – Form J Plan14 First St. - Waiver of frontage requirements – Tanios Barbour
Hearing opens at 6:18 PM. Roll Call: Spencer, Campbell, Pimental, Lopes, Faulkner and Dermody present.
Clerk Faulkner read letters from Board of Health, Water Dept., City Planner, Conservation Commission which were placed on file.
Mr. Anthony Barbour, representing his father, Tanior Barbour was invited into the enclosure.  Greg Bennett, CS Kelly Land Surveyors also present.  They have been before the ZBA to split lot into two, now they need waiver of frontage.  Manny asked where the driveway will be going? It was answered on the north west corner of the new lot. Mr. Barbour stated on Lot 14 it will be along the existing building. There will be 2 separate driveways.  No one appearing in favor or opposed to request.   
Dick made motion to close public input, seconded by Arthur. All in favor.   
Dave made motion to approve Form J for 14 Firs t St., seconded by Arthur. All in favor.  Hearing closes at 6:26 PM.

Earth Removal Permit – 36 Holloway St.Peter Schwenderman – Need to send recommendation to Municipal Council
The City Engineer stated the applicant is requesting to enlarge their reservoir located on Route 140.  City Engineer has no problem with it. Bob asked if the Earth Removal Board met on it yet?  Jim answers yes, they had no problem with it.

Bob made motion to forward a positive recommendation to the Municipal Council, on the Earth Removal Boards recommendation, seconded by Arthur, all in favor.

Goldsmith, Prest & Ringwall, Inc., - Letter of interest – Outside Inspection Consultants  
Chairman Dermody stated he spoke with the City Planner briefly on this.  We currently have 4 consultants on the list and we really don’t need any more at this time.     
Arthur made motion to send letter of thanks and inform the we have reached out quota and will keep it on file. Seconded by Bob. All in favor.  

Special Permit/Site Plan Review141 condo unit complex on 21.58 acres at 91 Hart St.  – submitted by Paragon Meadows LLC – Need to forward a recommendation to the Municipal Council.
Atty. David Gay, Marvin Glick, Paragon Properties, Justin Dezendort, Steffian Bradley Archetects, Timothy Williams, Sr. Project Mgr., Allen & Major Assoc., F. Giles Ham, Traffic Engineer, Vanasse & Associates Inc., and John Pears Riba, Architectural Consultant were invited into to enclosure.  
Atty. Gay stated they are requesting a Special Permit from Section 10 of the Zoning Ordinance for condos on Hart Street.  The applicant is not new to Taunton, they developed Chateau Estates adjacent to this site.  They are proposing upscale condos at a reasonable price.  They will include anemities such as elevator, club house, pool, Jacuzzi, recreation room.  They are proposing 141 units, all with have 2 Bedrooms.  There will be 30 end units priced at approx. $240,000 and 110 standard units prices at approx. $200,000. There will be one single family house on lot selling for approx. $450,000.  Atty. Gay stated there will be no community services needed.  They will have their own maintenance, snow removal, trash collection.  The lot consists of 21.5 acres but only has 11.89 of dry land.  There is 3 steps to this process and the first step is receive Planning Board recommendation for Municipal Council public hearing.  Second step is DIRB which is scheduled for next Tuesday and third step is the Municipal Council public hearing.  Tim Williams, Sr.
Page 4 of 4 – P.B. Minutes – June 5, 2008



Project Engineer with Allen & Major stated the power lines are west of the site and residences are to the south & east.  They will have 5 multi story buildings totaling 14,000 sq. ft.. They are providing good circulation and spacing between buildings.  There will be sidewalks near the pool and club house, trash collections and nature walk if the Conservation Commission permits it.      Mr. Williams stated they are proposing to decrease the runoff from Hart Street with an underground infiltration system.  There will be no change in the hydrolics.  He stated the front entrance will speak for the site.  There will be two 14 feet wide driveway going in with an 11 foot medium with a stonewall with a bus stop.  He stated they will tie into Chateau Estates for sewer & water because what was planned was to be bigger than what was actually built.  John Pears Riba, Architect spoke about the design of the buildings.  He stated all buildings will have same design 28 units each in the 5 buildings totaling 38 000 sq. ft.   There will also be a 925 sq. ft. club house which will be one story. The single family house will be approximately 2180 sq. ft.  He stated it will be integrated as a whole.  The entrance will have gate posts with lots of vegetation and landscaping.  They will preserve the 2 fields and the architectural style of the condos will have lots of details such as loover windows with air conditioners that look like shutters.  They will be maintenance free, stone veneere, vinyl siding, wood windows, all units will have balconies.    The pool area will have a stone wall with fence on top.  The building height will be 37.5 feet (40 foot maximum) with pitch.  The units will be fully handicapped accessible with elevator. These units will not have basements.  There will be heavy landscaping especially on the end caps.   They have done comprehensive landscaping plan and will leave full tree line with the 2 open fields, using the existing buffer.  They will provide additional landscaping to one buffer area.  David recommends taking the “nature” walk trail out of the proposal because he thinks Conservation Commission will not approve it.  Atty. Gay stated when he lived at The Farms Condos they had walking trail and he used it a lot.  F. Giles Ham, Vanasse & Assoc. Traffic Engineer conducted traffic study on Rte 140 and Hart Street to Chateau Estates.  There were 700-800 trips during peak hours and there have been 20 accidents and the average speed is 36 miles per hour.  The site distance is about 260 feet looking to the west and there will be some clearing.  They have allocated 305 parking spaces. Bob asked about any mitigation? Atty. Gay answers that’s pending from 2 different people.  They already have some funds from CVS and they should be having a trial date within 2 weeks.  Atty. Gay stated they are getting $250,000 and another $300, 000 from the Thomas house County St. should that be developed.  There have been studies conducted relative to a left turn and that will require some land taking.  Bob stated that has been a pending project (fixing Hart’s 4 Corner) and that would require land acquisition and eminent domain.  Atty. Gay stated there is really not a money need to land acquisition because his client is willing to give the land.   Dick asks about entrance and fire exit?  Atty. Gay answers yes it will be gated at both ends and they will have fire exit that will tie into Chateau Estates and the Fire Dept. & Police will have keys.  Bob asked if the traffic study included (82%) Chateua Estates?  Atty. Gay answers yes.   

Manny made motion to forward a positive recommendation to the Municipal Council, Seconded by Arthur. All in favor.
 
The Board discussed the summer schedule and decided to re-schedule the July meeting.
Dick made motion to re-schedule July 3rd meeting for July 17, 2008 at 5:30 PM. and no August meeting, seconded by Bob. All in favor.


Meeting adjourned at 7:08 PM.