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7-22-10 mins.

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

DATE:  July 22, 2010                                                                                             

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.   Alan Medeiros
ADVISORS:                         
                                              8.  Mark Slusarz, City Engineer
  • Kevin Scanlon, City Planner
Roll Call:  Spencer, Lopes, Abreau, Faulkner, Medeiros, and Dermody present. Also present was City Engineer Mark Slusarz and City Planner Kevin Scanlon.  Meeting opens at 5:30 PM.    
 
Chairman Dermody expressed his sincere condolences to the Gay Family and asked for a moment of silence for Peter Gay .  

Dick made motion to accept June 3, 2010 minutes, seconded by Arthur.  All in favor.

Discussion with the City Engineer – in his absence – review of plans
Chairman Dermody stated that since there is no assistant engineer when the City Engineer he wanted to see who could review plans in his absence.  He suggests using the outside consultant list.  Chairman Dermody stated there was an issue with a Form A and the City Engineer was out and the plans could not be reviewed and there was a scheduled closing?   Kevin stated if the Outside Consultant list is used then we need to get quote and get purchase order approved which takes time.  He stated the Board has 20 days to review Form A and if it’s a bigger filing like a Definitive Subdivision then we have more time to review.  Manny suggesting having the local college students review them?  Kevin stated it has to be an Engineer.  It was suggested Beta could review but Kevin stated there still needs to be a quote and Purchase Order done and by the time it’s all approved the Engineer would probably be back to review it himself.  Kevin was thinking of something in house?   Kevin stated because the Board only meets once a month the Form A’s were an issue and the Board voted to have the City Engineer and City Planner review  for the Board.  It was suggested having Bob Campbell review them in Mark’s absence.   Bob agreed to review in Mark’s absence.  

Arthur made motion to have Bob Campbell review Form A’s in Mark absence. Seconded by Dick. All in favor.

City Engineer – Street Acceptance – Paul Revere Terr. & Colonial Dr.  
Mr. Faulkner votes present, his son lives on street.     Mark stated that the whole reason for street acceptance is for the adjacent owner is looking to see his land to the Nature Conservancy and it has to have public access and the only access is from a private drive.  Mark met with the Mayor about this and he’s asking the Planning Board for a positive recommendation when the petition comes in.   He stated the City has been maintaining the street.  He stated the sidewalks will not meet ADA and they will state the way they are.  
Bob made motion to forward a positive recommendation to the Municipal Council to acceptance Paul Revere Terrace and Colonial Drive “as is” as public streets within the City. Seconded by Alan. All in favor. Dick Faulkner voted present.  

City Engineer – Street Acceptance – Donna Terrace, Mary Drive & Marilyn Dr.
Mark stated that the DPW has approached him about getting these streets accepted because of the sewer work being proposed and they need to be accepted streets.  The streets are not that bad and he asks the Board to forward a positive recommendation to the Municipal Council for these streets as public ways.    
Tony made  motion to forward a positive recommendation to the Municipal Council to accepted Donna Terrace, Marilyn Drive &Mary Drive as public streets.  The Board also included Rosewood Crossing streets, from previous vote, seconded by Dick. All in favor.

Dick made motion to revert out of the regular order of business, seconded by Manny. All in favor.

Harvey Hills Estates – Request to release Lot 9 & reduce amount of surety being required to post.  Holding $20,000 & 7 lots
Bob Rodericks, G. Lopes Construction was invited into the enclosure.  Kevin stated the request is to release another lot and we are currently holding $20,000.  The Board previously voted to release a number of lots upon receipt of $20,000.  The developer has done a lot of work out there and the completion cost has been reduced.  Kevin stated the Outside consultant’s figure was $48,950 little higher than the developers.  Kevin suggested posting $5,000 per lot because of all the work that has been done.
Bob made motion to release all but one lot upon receipt of $5,000 of surety per lot. Seconded by Tony. All in favor.

River Pines – Request to switch  lots 4 & 10 for Lots 2 & 5. subject to the same vote of posting $6,900  per lot.
Kevin state the request is to switch lots 4 & 10 for Lots 2 & 5 with the same amount of surety being required.
Arthur made motion to invite Richard Feodoroff into the enclosure, seconded by Tony. All in favor.
Mr. Feodeoroff stated he just wishes to switch lots.  
Alan made motion to allow the release of 2 & 5 instead of 4 & 10 with the same amount of surety being posted, seconded by Tony.    

Winthrop Heights – Request to release Lot #35 (holding 3 lots & $110,000 plus $48,000 mylar deposit.
Kevin stated the request is to release lot #35.  We are currently holding $110,000 and 2 lots .  He suggests having developer post $5,000 for lot #35.
Bob made motion to release Lot #35 upon receipt of $5,000 of surety. Seconded by Alan. All in favor.

Dick made motion to revert back to the regular order of business, seconded by Alan. All in favor.

Special Permit – Site Plan Review – 49 W. Water St. – Live entertainment at the existing Weir House of Pizza – Need to forward recommendation to the Municipal Council
Kevin stated that the DIRB met and has forwarded a list of about 6 conditions to the Municipal Council. He stated the condition not big issues.    Atty. David Gay was invited into the enclosure. He stated they have no plans to change anything, just wishing to add live entertainment to the existing family restaurant.    Manny asked about the deck that was done a few years ago?  It was noted there is parking behind the restaurant as well as the City parking lot adjacent to it.  Manny asked what time do they close? Atty Gay answers they are allowed to be open until 1:00 AM but usually close by 11:00 PM.    Manny stated he has a problem with being open past midnight that when he sees a big increase in public safety.  The Weir section has plenty of good establishments and he has personally frequents this establishment.  He stated he sees a lot of issues happen after midnight. It was stated that she has had no problem and he would see if no later than midnight.  
Manny stated there are a lot of problems down the weir and he would like the hours rolls back for everyone.    He would recommend sending a positive recommendation to Council with restricted hours.  Dick stated he too frequents this restaurant and they are nice people running it.  Manny stated he has helped the owner and doesn’t have a problem with her but doesn’t want the problems to start because now they have added entertainment.  Atty. Gay understands Manny’s concerns but the hours, in his opinion, are strictly up to the License Commission of which they have to go to.   Atty. Gay stated she doesn’t have the facility to have the big problems Manny is talking about.   She runs an excellent establishment.  Kevin stated the Board could restrict hours if they chose to.  Manny stated we could put condition and the Municipal Council could override us.   
Manny made motion to send positive recommendation with no entertainment no later than midnight. Seconded by Bob.  Discussion:  Atty. Gay stated the Council has gone against the P.B referrals but he doesn’t thinks it’s fair to restrict this establishment based on other issues in the area.  Alan stated the Weir Pizza has been a good neighbor and this restaurant and outdoor area is not even that big.
Vote: Abreau, Lopes, Faulkner,Medeiros. Dermody……..No
Campbell, Spencer….Yes.    Motion does not pass.  

Alan made motion to send a positive recommendation for live entertainment for Weir House of Pizza, seconded by Tony.
Vote:  Spencer, Campbell…No
Abreau, Lopes, Medeiros, Faulkner, Dermody,,,,,,.. Yes     Motion passes.

Special Permit – Site Plan Review – 2085-2097 Bay St. – Drive-thru in new building currently under construction – Need to forward recommendation to Municipal Council.
Atty. Gay  David Gay and Brian McCarthy were invited into the enclosure.  Atty. Gay states this is at the BJs complex and they are putting up new building. There has been an approved site plan done several years ago.  They have 2 tenants, one being the Dollar Tree and a tractor trailer supply and the third tenant hasn’t been determined yet.  They are asking for drive-thru which could be used for bank, restaurant or pharmacy.   Kevin stated since they didn’t specify the tenant, the DIRB used the highest use which is that of restaurant for their review.  There are no issues and the site is designed to handle a lot of cars.  Manny asked where is this new building going to be located? Atty Gay answers just to the left of BJ’s.  Atty. Gay states this is the last phase of this development and he did let the Board know that there will be no gasoline station on this property on the decision of BJs.  Bob recommended putting trash receptacles on the driver’s side of the drive-thru.    He also pointed out changing the striping to conform to MUTCD.

Bob made motion to forward a positive recommendation to the Municipal Council for drive-thru with the following conditions:
  • All striping must confirm to MUTCD.
  • Trash receptacles to be installed at the drive’s side in the drive-thru.
Motion seconded by Manny. All in favor.  

Site Plan Review – 110 Prince Henry Dr. – to allow 27,150 sq. ft. addition –
This was put on agenda in error.   Informational purposes only.






Special Permit/Site Plan Review – 420 Broadway auto repair – Need to forward a recommendation to Municipal Council
Atty Edward Roster was invited into the enclosure. Kevin stated the DIRB continued this because some work still needs to be done.  The applicant wishes to move down to Patriot Motors and occupy a 41 x 56 space for auto repair. He will have to comply with all regulations.  Manny asked if this was the former Barboza property?   Atty. Roster answers yes.     
Alan made motion to forward a positive recommendation to the Municipal Council, seconded by Manny. All in favor.

Communication from FST – relative to Bay Street over the Mill River – Bridge & Dam repair
City Engineer Mark Slusarz stated they are looking for comments about the new bridge.  Mark just received plans via e-mail.   Mark stated they had meeting at Lafayette Club soliciting comments.     Bob asked if he could make the plans available to the P.B. Members. Mark said he could e-mail the plans.    Several Board members commented about the coffer dam and if there was going to be a spill away?  Mark stated yes, but in his opinion, they have one shot to get it right.   

Public Hearing – Form J Plan – 22 Russell Street – to split one lot into two lots – Robert Bastis
Roll Call:  Spencer, Campbell, Abreau, Lopes, Medeiros, Faulkner and Dermody present.  Hearing opens at 6:24 PM.   Kevin read letters from the Fire Dept., Conservation Commission, Water Dept., and City Planner into the record and placed on file.  Mr. Robert Bastis was invited into the enclosure.   He stated he has 2 family house in front and wishes to put house in back. He received ZBA approval for the division of the lot.  He purchased this property as investment property and it was a long process.   The City approached him in pursuit of putting infiltration system to correct water problem.  He contacted BETA and granted easement and they fixed the water problem.  He plans on owning this property for the next 20 years and he will be putting smaller house than what the plans show.  The ZBA restricted to 2 bedroom each side for duplex or one 4 Bedroom single family.  Tony asked if 15 feet was wide enough for emergency vehicles and he said yes.  He stated there is actually two driveways and its close to 30 feet wide.   Mr. Bastis stated he will sprinkler the building. Kevin stated any conditions the Board places for the driveway should have cross easements.  Bob stated the wide driveway will be good for snow removal.    Discussion took place regarding the easement and how far it should go back.  Public input:  no one appearing in favor of opposed.
Dick made motion to close public input, seconded by Arthur. All in favor.  

Bob made motion to approve Form J Plan with the following conditions:

  • That one driveway 30 feet wide shall serve both lots for a distance of 90 feet.  Cross easements benefiting both owners shall be filed and recorded.
Motion seconded by Arthur. All in favor.   Hearing closes at 6:30 PM





Public Hearing – Repetitive Petition – to allow the petitioner to re-file with the Municipal Council for a Special Permit for an affordable rental unit complex on land located on Assessor’s Map 38, Lots 11 & 23,  Whittenton Street – known as “Maple View Village”
Roll Call:  Spencer, Campbell, Lopes, Faulkner and Dermody present.  Medeiros abstained from hearing.   Hearing opens at 6:36 PM. City Planner Kevin Scanlon read letters from Water Dept., Fire Dept.,  Conservation Commission, and City Planner which were placed on file.  Mr. Dean Harrison, Exec. Director of Weir Corp. were invited into the enclosure.    Mr. Harrison stated the council has previously denied this and we have made changes and are asking to be allowed to go back to Council with new proposal.     They have an agreement with the Neighborhood Association, reduced the number of units from 46 to 40 and added parking spaces, added age appropriate recreation area.  He stated the Weir Corp. has joint venture executed with Ron Medeiros.   He stated that the Weir Corp. is responsible for all aspects of the permitting process and design and management.  Mr.  Harrison stated the Council raised some questions of how the neighborhood association was connected to this project.  He stated they did similar project with the property down the Weir on the Riverfront.  He stated the Weir Corp. is very involved but don’t have all the financial net worth.  Chairman Dermody asked why isn’t Mr. Ronald Medeiros here tonight?  Mr. Harrison stated he had previous engagement and he admits he filled out application incorrectly in putting Ron Medeiros’ name as applicant and not the Weir Corp.    Kevin stated that the reasons the Council denied is in decision and they state they have addressed them?  It’s up to the planning Board to decide is there is significant changed to allow applicant to return to Council.  Bob asked about the joint venture between the Weir Corp. and Ron Medeiros?  He asked who is going to be there at the completion of construction?  Mr. Harrison stated the Weir Corp. will remain and Mr. Medeiros’s won’t.  Bob stated the joint partnership isn’t clear.  Bob stated the Council denied the project because it is entirely low and moderate income rentals.  They and he feels that is a bad idea to have the entire project “affordable rentals” It would be a better project if the occupants owned the property, some but not all at an “affordable” rate.  It is too dense for an all low income rental property.  He stated it wasn’t a significant enough change to the reason why it was denied.  It’s still too much density of one type of ownership.   Manny stated his questions are for the abutters.    PUBLIC INPUT:  No one appearing in favor or against petition.  
Manny made motion to close put input, seconded by Arthur. All in favor.
Bob made motion that the changes are not significant enough to the Council’s reasons for denial to warrant the grant of the repetitive petition. Seconded by Arthur. All in favor.   Hearing closes at 6:51 PM.

Letter from Carlos Melo – Westville Village Estateds – requesting  release of all monies.
Chairman Dermody excused.   Bob stated he sent letter to Law Office for confirmation of the land being purchased by the City.  Kevin stated if he doesn’t own property the monies may revert back to the City?  We have not received an answer from the Law Office.  

Arthur made motion to continue until September meeting. Seconded by Tony. All in favor.

Many asked Tony if the streets in the City are being paved from curb to curb.  Tony stated yes curb to curb with 1 ½ overlay.  He stated Winthrop Street just got temporary and after winter they will get overlay.  

Kevin informed the Planning Board that the Municipal Council recently adopted Site Plan Review changes and some Special Permit will require approval from this Board.   

Dick made motion to adjourn meeting at 7:03 PM.  Seconded by Arthur. All in favor.


Next meeting will be September 2, 2010 at 5:30 PM.