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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: May 7, 2009
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. Mark Slusarz, City Engineer
9. Kevin Scanlon, City Planner
Roll Call: Abreau, Spencer, Faulkner, Pimental, Lopes . Meeting opens at 5:32 PM Campbell present at 5:40 PM. Dermody present at 6:08 PM.
Richard Faulkner, Acting Chairman chairs meeting.
Arthur made motion to accept minutes of April 2, 2009 meeting, seconded by Tony. All in favor.
Arthur made motion to revert out of the regular order of business, seconded by Tony. All in favor.
Public Hearing – Form J Plan – 17 Pinehill ST. – Waiver of Frontage Requirement – to split one lot into 2 lots (See ZBA Case # 2927
Hearing opens at 5:34 PM. Letters from the City Planner, City Engineer, Water Dept. and Conservation Commission were read in the record and placed on file. Tony stated there is a 5 year moratorium on this recently paved roadway. Paul Patenaude, P.E., 198 Crane Ave. South representing owners was invited into the enclosure. Tony informed them they would have to seek a waiver from the council to cut into the roadway. William Hannigan, 653 Foundry St., Eaton,. Ma. representing owners. Kevin stated the reason they are here tonight is only for access and whether not there is sufficient access for house. Paul stated it’s possible they have temporary service from house in front because is family. Manny asked what is the width of the driveway? Kevin answers
its 30 feet wide one lane with emergency turnaround. No one appearing in favor or in opposition.
Arthur made motion to close public input, seconded by Tony. All in favor.
Dave made motion to approve Form J including comments from the City Eng. Seconded by Arthur. All in favor. Make petitioner aware of the 5 year moratorium on road opening. Hearing closes at 5:40 PM
Bob Campbell present at this time.
Dick made motion to revert back to the regular order of business, seconded by Arthur. All in favor.
Westville Village Estates – Letter from Atty. Rosa – relative an additional extension of the Special Permit
Atty. William Rosa, Wynne & Wynn, 90 New State Highway, Raynham, Ma., Carlos Melo, Mello
Investment Co., 43 Taunton Green, Taunton, Ma. and Joseph Norte, 45 Village Circle, Taunton, Ma. were
Page 2 of 5 – P.B. Minutes – May 7, 2009
invited into the enclosure. Atty. Rosa stated refreshed the Board’s memory by stating the subdivision is located off North Walker Street, 22 homes in a cluster subdivision. He stated last year they came before the Board for an extension and was granted a 1 year extension which expires May 12, 2009. Atty. Rosa stated due to the economic conditions the project hasn’t started yet. They feel the project is a good and appropriate project or the site and asks the Board to give then another extension. Atty. Rosa stated the Board knows what is going on the site and they would not want anything else going there? Atty. Rosa stated they feel the limited infrastructure is very beneficial to the neighborhood. They wish to move forward and build this project out. He stated it’s not in appropriate to grant an extension due to the tough economy. Dick stated he talked to Joe Norte and was under the impression the sewer stubs were already in. Dick just found out tonight that the street has
been paved and will be top coated tomorrow. Bob stated the Board wanted the developer to put the sewer line in prior to the city paving the road to avoid digging up the road. Mr. Melo stated the approval requires the start of work to be by May 15, 2009. He stated in the Board’s discussion there was no discussion relative to when to put sewer in? He stated he was aware that he would need to pave from curb to curb at his expense. Mr. Faulkner stated in the previous meeting for the extension it was stressed that the sewer needed to go in prior to paving to prevent digging up road. Mr. Faulkner stated they have no power relative to the digging up of a road. Mr. Faulkner stated that Tony informed them that the City would be paving in the Spring 2009. Mr. Faulkner stated they cannot even act on the request for an extension since the road has been paved? Kevin stated they could but now they need to get waiver from Council because there
is a 5 year moratorium. Mr. Melo doesn’t recollect the Board telling him to put sewer in, just to do the infrastructure by certain date. He stated the Board is changing their minds. Mr. Faulkner stated they are not going around in circles, it was stated that the City would be paving the roadway in the Spring 2009. It was stated Mr. Melo did not take the iniative and now here we are again? Bob stated he even talked to the DPW and asked to delay the paving but the prices were very favorable and they couldn’t pass it up. Kevin stated a letter dated January 9, 2009 went out informing Mr. Melo of the paving and the need for him to put sewer in prior. Mr. Melo was under the impression that he had to put all infrastructure in no later than 2011. Kevin stated the City Council could deny request for road opening. He stated this Board respects other’s Board’s rules & regulations and if they grant
another extension they are putting that other board in an awkward position. Joe Norte stated these are extreme conditions due to the economy. He asks the Board to grant extension and they will go to council for waiver. Atty. Rosa stated either way they have to go to City Council for waiver because they paved already. The difference is they start by May 12, 2009 which is unreasonable. Atty. Rosa stated the project is very low density and it won’t harm the city to let us build it. Bob stated he likes the project but he feels if an extension is given this Board is putting the Council in an awkward position. He suggests, if an extension is given, perhaps a 5 year extension so they won’t have to ask for an extension? It was stated the subdivision approval is good for 8 years. Bob stated a letter was sent reminding Mr. Melo of his obligations. Manny asked how long of an extension are they looking for and how many houses
are in this subdivision? Atty. Rosa answers 12 homes in subdivision. .
Mr. Melo stated granting the extension would no be detrimental to anyone. Manny stated he doesn’t want the homes to lose their sewer. Kevin stated if the Board gives waiving it may mean the Board is endorsing ripping up road. It was stated this Board has never granted a second waiver. Bob stated the Planning Board denied Society Hill on South Walker Street because of this. He doesn’t want to put the Council in that position. Tony is not approving because the road gets so much abuse. Dave stated this is the beginning of Westville area getting sewer and he would be in favor. It’s an unique situation and the it will benefit the residents on the street. Bob asked if the Inclusionary approval went wit the land or owner? Kevin answers
Page 3 of 5 – P.B. Minutes – May 7, 2009
the approval goes with the land. It was noted this is not an inclusionary but a Cluster. Bob stated this is a good project but he’s still torn about putting the Council in that position to have to consider a waiver for
road opening. Bob states he thinks it would be better to grant 5 year extension so they wouldn’t have to ask for waiver. Kevin stated the only issue with that is if they wait 5 years to start then the 8th year comes now they have to re-file. Kevin stated they would need to comply with the current rules & regulations. They could wait 5 years to file for waiver depending on any changes and be done in year 8. Kevin stated they have a couple different options. They could vote for no extension, 1 year extension or 4 year extension.
Tony made motion to not grant extension, seconded by Arthur. On Discussion: Dave stated this is an unique circumstance because this is the beginning of the sewer line for the neighborhood. Manny agrees he too wants to see the residents get their sewer.
Dick made motion to allow abutter to speak, seconded by Manny. All in favor.
Carlton Galligan, 141 No. Walker St., stated he’s in favor of extension. He suggests letting the Council decide if they want to grant waiver. Arthur stated that if they grant one then they should be consistent. They need to be consistent. This is a major policy issue. Atty. Rosa states it wasn’t their desire to put the Council in that position but due to the economy here we are tonight. He stated the Council is in that position now but they didn’t know it. Dave stated it would bother him if they voted it down because of the sewer. Tony stated if the sewer was already in we wouldn’t be in this position. He understands the economy but the developer should have moved forward. He stated when they put in Dunkin Donuts the developer got a
break because that was one thing he didn’t’ have to do. Tony stated the developer can get a reasonable price now due to the economy and people are looking for work. Tony stated the DPW held off a year but they need to take advantage of the good price they got for paving. Bob stated the option is they go in front of the Council within a week or grant some kind of extension. Bob states if they give 5 year extension they may have to have plans revised to comply with current rules & regulations.
Vote To deny extension:
Abreau, Lopes, Faulkner………Yes
Pimental, Spencer………………No
Motion does not pass.
Dave made motion to grant 3 year extension, seconded by Manny.
It was noted to put the sewer in first and to repave roadway curb to curb.
Vote:
Pimental, Spencer, Lopes………..Yes
Faulkner, Abreau, Campbell………No
Motion does not pass.
Joe Norte stated that the Council may see the sewer as a benefit to the neighborhood and grant waiver to dig up roadway.
Dave made motion to grant 4 year extension with the following conditions:
1. Installation of the sewer line and service stubs in N. Walker St. MUST be completed as the first phase of the construction.
2. North Walker Street must be repaired to a condition as good or better than the existing condition, including at a minimum the repaving from curb to curb for the full length of the sewer extension work area.
Page 4 of 5 – P.B. Minutes – May 7, 2009
3. The 4 Year Extension requires the start of construction of the subdivision no later than May 12, 2013.
All conditions of the original Special Permit approval and of its first extension not conflicting with this current extension shall remain in full effect.
Motion seconded by Manny.
Vote: Spencer, Pimental, Lopes, Faulkner……Yes
Campbell, Abreau………………………………No
Motion passes.
Sabbattia Landing Condominium – Letter from Atty. Rosa – relative to modification of condition relative to posting money when a building permit is issued & change to entrance.
Letter from Atty. Rosa requesting change to condition relative to contribution to the Affordable Trust Fund. Atty. Rosa states Mr. Melo has development rights to this subdivision which was approved in 2005 for a total of 44 units. To date there is 9 units build (2 buildings) and 6 are sold. The approval was to post $20,000 for each unit and now they have posted $180,000 for the 9 units. The condition reads the money needs to be posted when the building permit is issued. They are proposing to change to post at the time of the Certificate of Occupancy is issued. Also the residents submitted letter in favor of change and recommends some change of their own. Atty. Rosa stated there are 6 people living there and Mr. Melo wishes to start as soon as possible. Kevin stated the
change to the entrance and sidewalks are minor and can be voted on this evening. However; the change to the condition relative to the posting of the money is a major change and the neighbors should be notified of public hearing. He recommends not changing it because his office is in change of tracking to make sure the money is posted. There is no way we can track at the Certificate of Occupancy level. Bob stated in past experience working for the City you cannot hold up a Certificate of Occupancy if everything has been completed. He suggests keeping it on the Building Permit to track. Kevin suggests no changes to posting money but any change will require a public hearing.
Bob made motion to grant the following changes:
1. Allow the change of granite curbing to concrete within the subdivision and granite curbing retained within the layout of Bay Street.
2. Installation of Entrance/Exit automatic gate.
3. Sidewalk may “meander” instead of being at the edge of the roadway against the curbing. All sidewalks to be concrete. No sidewalks to be eliminated.
City Planner Kevin Scanlon excused at 7:10 PM.
Special Permit-Site Plan Review – 13 Cape Rd. – gasoline sales – Need to forward a recommendation to the Municipal Council.
Atty. David Gay, Paul Patenaude, P.E., and Ronen Drory, owner was invited into the enclosure. Atty. Gay stated they need to go to the Municipal Council for public hearing and the DIRB is scheduled for Tuesday. They nave already received ZBA approval for canopy. The property is located on Rte. 44, Cape Road at the existing car wash. The property is large with 48,500 sq. ft. with 165 feet of frontage. The owner purchased the property a few years ago and has done substantial improvements to the site. They wish to utilize the site by adding gasoline pumps in front. They will be similar to Super Petroleum which is located down the roadway. They show plans restricting one way in and out. They are proposing 2 facilities up front and pump for people who want to wash car. Atty. Gay stated this property is very nice. There never has been a traffic
Page 5 of 5 – P.B. Minutes – May 7, 2009
problem there and the ZBA found it to be a benefit to the community. Arthur asked if they would be open 24 hrs. a day? Mr. Drory answers no probably 5 :00 AM – midnight. He stated the road is not that busy after
10:00 PM. Manny asked about gas station and if it would have foot mart? Mr. Drory answers no. It was suggesting updating plan to read “Right Turn only “ and the owner and engineer agreed to change plans. Bob suggested installing bumps and the petitioner agreed.
Manny made motion to forward a positive recommendation to the Municipal Council, seconded by Dick.All in favor.
SRPEDD – Planning Board Delegate – for term from May 27, 2009 thru May 31, 2010-
Dick stated he assumes the person is appointed is still on the Board next years, due to election.
Arthur Lopes was recommended for the position. Mr. Lope declines due to commitments on same night. After brief discussion the Board voted to table until next month. It was noted the City Engineer, Mark Slusarz who is on presently the P.B. Delegate is not interested for next year.
Dick made motion to table until next month, seconded by Manny. All in favor.
Dick stated they should discuss the summer schedule.
Dick made motion to re-schedule the July 2nd meeting to July 16th at 5:30 pm. No August meeting. Seconded by Arthur, All in favor.
Dick made motion to adjourn at 7:20 PM. All in favor.
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