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9-4-08 minutes

************************************************************             
                   TAUNTON PLANNING BOARD MINUTES
              CITY HALL, TAUNTON, MA 02780
             **************************************************************

DATE: Sept. 4, 2008                                                                                              PAGE NO:  1

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

Roll Call:  Faulkner, Spencer, Pimental, Campbell, Abreau, and Lopes present. Meeting opens at 5:30
 City Engineer James Greene also present.

Vice Chairman Campbell chairing meeting.

Arthur made motion to accept minutes of July 17, 2008, seconded by Dick. All in favor.

 Cont’d. Public Hearing – Special Permit/Definitive Cluster Inclusionary – Prospect Hill Preserve – 22 single family homes within a condo community on 42.2 acres o the west side of Prospect Hill Street, known as 366 Prospect Hill Street – submitted by Winterton Corp.
Roll Call:  Spencer, Abreau, Pimental, Lopes, Faulkner, Campbell present.  Cont’d public hearing opens at 5:31 PM.

Atty. David Gay & Jospeh Lynch, petitioner were invited into the enclosure. Vice Chairman Campbell stated that public input is still open from last month.  Atty. Gay stated they conducted an on-site meeting with some neighbors.  They are trying to address the neighbors’ concerns but they have to go back to National Heritage in order to change plans.    They have sent a conceptual plan to National Heritage and are expecting an answer.  They have met with Marsha Losciuto, John and his wife and couple more people up the road.   Some neighbors had concerns with water and they are trying to address that.  Some neighbors think the houses are too close and they are looking into that which may result in a couple a units being eliminated.  They have to see if National Heritage would approve changes.  They have submitted letter to National Heritage relative to the “blanding turtle” which they have had a year long review with them.  They will present new plan to them and see if they would consider change.  They have looked at the culvert per the last meeting recommended by Tony which is collapsing and they will look at that.  Atty. Gay would like to request a continuance until next month.  Atty. Gay states as soon as we get approval from the Natural Heritage they will get in touch with neighbors to review plans.  It was noted public input would still be open.  

Manny made motion to grant continuance until next month, October 2, 2008, seconded by Tony.   Neighbors to be notified of continuance meeting.





Page 2 of 3 – P.B Minutes – September 4, 2008



Public Hearing – Form J  Plan – 1182 Bay St. – Teixeira- to split one lot into 3 lots
Roll Call:  Spencer, Abreau, Pimental, Lopes, Faulkner and Campbell present.
Hearing opens at 5:41 PM.   Clerk Faulkner read comments from the City Planner, Conservation Commission and Water Dept. which were placed on file.  
Tony made motion to invite petitioner into the enclosure, seconded by Manny. All in favor.
John DeLano, P.E., DeLano & Associates, 27 Jefferson St., representing petitioner Adelino Teixeirra.  
Mr. DeLano stated Mr. Teixeiria wishes to divide his property into 3 lots. One with his existing single family dwelling, middle lot for his son Joseph and the remaining to be conveyed to other son John. It was noted the parcel to the right has been split for his daughter resulting in a family compound.  Mr. DeLano explains the lot meets all the zoning requirements with the exception of frontage & lot width.    They received ZBA approval for the division.  They are proposing a 25 foot access way, but each lot will have their own driveway.  Dick asked how far is this from Home Plate Restaurant?  Mr. DeLano answers about ¼ of a mile.   It was asked if there is sewer?  Bob answers yes there is forced main. Manny asked  what are the plans for the driveways?  Mr. DeLano stated each lot will have their own driveway, but right now they do use common driveway because it’s family but there is separate driveways.  Tony asked if there are stubs yet? Mr. DeLano answers no, they need P.B. approval. Tony was just concerned with the paving of Bay Street and having to rip up street for sewer connection. Mr. DeLano stated each lot with have own driveway.  Bob asked how far the new house would be from the existing house?  Mr. DeLano answers it’s about 120 feet back from the front lot.  They will have about 80 feet buffer between 2 houses.   Tony asked when they plan building?  Mr. DeLano asks Mr. Teixeira?  He answers as soon as possible.  Tony was concerned with the roadway being paved and then dug up. He suggested getting stubs as soon as possible.  Public input, no one in favor or no one in opposition.
Arthur made motion to close public input, seconded by Dave. All in favor.  
Arthur made motion to approve the Form J for 1182 Bay St., with the following condition:
1.      Install sewer & water stub as soon as possible.
Motion seconded by Dave. All in favor.  Hearing closes at 5:55 PM.

Harding Street – RIP Plan - Acceptance as a Public Way – Need to forward a recommendation to the Municipal Council –
Clerk Faulkner stated roadway is being petitioned by the City for acceptance as a public way. The Planning Board has released all surety in 2006 but never voted to forward a recommendation to Municipal Council as a n accepted street.  Vice Chairman Campbell asked the City Engineer if everything was still ok?  City Engineer answers yes, they ended up paving whole street.  
Dick made motion to forward a positive recommendation to the Municipal Council as a public way, seconded by Tony. All in favor.   

Libby Estates – Request for Lot Release – Lot 2 (Holding 2 lots & $60,000 )
Yvo n Nadeau was invited into the enclosure.  We are holding $60,00 and 2 lots.  
Arthur made motion to release Lot 2 upon receipt of an additional $10,000 of surety, seconded by Tony.
All in favor.  Mr. Nadeau stated he plans to do final paving in the spring.






Page 3 of 3 – P.B Minutes – September 4,2008


Cieira Circle – Request for Reduction of Surety -  HOLDING 1 LOT & $48,121.00
Clerk Faulkner read Vine Associates’ recommendation which was made part of the record.  The City Engineer agrees with Vine’s recommendations.  It was noted the top coat is down.
Joseph Malloch was invited into the enclosure.  He agrees with Vine’s report.  
Manny made motion to reduce surety to a balance of $11,000 and release remaining monies to Malloch Construction Co. Seconded by Tony. All in favor.

Form A Plan – 275 Williams St. – Request to waive the Mass. State Plane Coord. System submitted by
Phil LaFrance
Clerk Faulkner read a communication from Philip & Barbara LaFrance requesting a waiver of the Mass. State Plane Coordinate System.  
Philip LaFrance was invited into the enclosure.  He stated he started this project 3 years ago and the Mass. State Plane Coordinate Systems was not a requirement then.  He has had his house on the market for some time and now he has secured a buyer (2nd buyer) and now does not want to lose them if they are forced have new plans drawn up and another added expense.  Manny suggested if he would be “grandfathered” because he started the process several years ago? Mr. LaFrance stated he has spoke with Tony about the sewer 2 years ago?  Tony verifies conservation.  Mr. Faulkner stated he is in favor of people complying with the P.B. rules & regulations but this case is unique.  In that this process was stated several years ago and the plans were drawn up that time and if the rules were enforced it would put a financial burden on the applicant and may lose a buyer because of the time-frame. He would be in favor of granting waiver due to the “grandfathering” of this situation.  The City Engineer had no problem with the Board waiving it.  
Dick made motion to waive the Mass. State Plane Coordinates System on the Form A for 275 Williams St., seconded by Tony.  All in favor.   

Meeting adjourned at 6:11 PM.



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