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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
(Meeting held at E. Pole School, 215 Harris St., Taunton, Ma.)
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DATE: October 7, 2010 PAGE NO: 1
BOARD MEMBERS: 1. Daniel Dermody, Chrmn. 5. Richard Faulkner, Clerk
2. Bob Campbell 6. Arthur Lopes
3. Manuel Spencer 7. Alan Medeiros
4. Tony Abreau
ADVISORS:
8. Kevin Scanlon, City Planner
- Mark Slusarz,, City Engineer
Roll Call: Faulkner, Dermody, Campbell, Lopes, Abreau, Medeiros, and Faulkner. Meeting opens at 5:33 PM. Spencer present at 5:34 PM. Kevin Scanlon, City Planner also present.
Meadow Land Estates – Request to release Lots 3 & 4 – holding 0 surety- submitted by Yvon Nadeau
City Planner Kevin Scanlon stated the request is to release Lots 3 & 4 and this is the first request so there is no surety being held yet. Kevin recommends releases both lots upon receipt of $5,000 per lot based on estimates.
Arthur made motion to release Lots 3 & 4 upon receipt of $5,000 per lot of surety, seconded by Alan. All in favor.
Alan made motion to revert out of the regular order of business, seconded by Arthur. All in favor.
Public Hearing - Full Site Plan Review – 12,000 sq. ft. medical office building with associated parking, driveway and accompanying site improvements on Industrial Park Rd. – Map 14, Lot 107. Submitted by Robert Crausman.
Roll Call: Spencer, Faulkner, Abreau, Campbell, Medeiros, Lopes and Dermody present. Hearing opens at 5:35 PM. The City Planner stated this is the first Site Plan Review since the recent zoning changes. The Board holds a public hearing, petitioner makes their presentation and you hear in favor or against. The Board cannot deny unless it’s a reason relative to the submission or incomplete application. The Board approves it and can place conditions on it but those conditions cannot make the project unfeasible. The City Planner said the DIRB met and issued a decision.
Bob made motion to place DIRB letter on file, seconded by Manny. All in favor.
Jim Petropulos, Hayner/Swanson, Inc., 3 Congress St. Nahsua, N.H. stated this lot is hidden by growth but it abuts Crane Avenue North, 2.2 acres. He stated they are unable to get direct access from Industrial Park Road so they have a direct access easement over Joseph Quinn Rd. They received ZBA approval in 2009 for office use and they need approval from Planning Bd. He stated the building will consist of 12,000 sq. ft. with 72 parking spaces, fully landscaped, stormwater, grass swales and they received approval from Conservation Commission for mitigation. Manny asked about easements? Mr. Petropulos answers they cannot direct access from busy Industrial park road so they have 50 foot wide easement from a 850 feet driveway from adjacent lot o n Joseph Quinn Rd. Bob asked if they
received variance for access? Mr. Petropulos answers no they have and they won’t be accessing from Crane Avenue North,that is just an emergency access only. The phone company (Verizon) stated they have received permission to relocate their easement from Crane Avenue North. They have abandoned their ability to come off Crane Ave. North. Bob stated this lot is about 400 feet from the city’s water supply and he is concerned with runoff. Bob stated according to the plans much of the site will directly infiltrate into the ground to our well site. Mr. Petropulos stated they could meet with the City Engineer of place additional landscaping. They will be fencing also. Bob stated the dumpster can be moved and you have extra parking. Steve Crowninshield, 106 Crane Avenue North stated there are water problems there now and he would ask that that the natural buffer remain. Mr. Petropulos stated the water runs along the other way into
swamp. Mr. Petropulos stated will be no overnite stays, no surgeries performed at this site. There will be between 4-8 doctors and the hours will be 7 a.m – 7:pm. There was some discussion relative to including steps to contain the first ½ inch of runoff. Mr. Petropulos stated he could plan on trying to retain the buffer space to the east and perhaps moving dumpster like the City Planner suggests. Dick asked what direction is the runoff? Mr. Petropulos answers runoff is to the north to swale then slopes. After more discussion several Board members would like to see updated plans with Bob Campbell’s suggestions incorporated relative to catch runoff. Bob’s concern was if there were a spill there are no accommodations to catch runoff. Bob stated that even if you collect water in a controllable areas everything gets infiltrated in. If there is a spill we need a way to
control it. He stated they will bring fill in because the site sits low. Bob stated they could put pipes under parking lot to control some of the runoff. Mr. Petropulos stated he’s afraid because they would be too low to ground water. It was suggested raising site a little. Tony stated this is a very sensitive area.
Manny made motion to open public input, seconded by Arthur. All in favor.
John Doherty, 93 Crane Ave North asked about the phone company easement (Verizon) and asked if all the trees are staying and if they will have access from his street? He stated there are 3 pine trees on his side and he would like them to remain. He also wants to know about hours of operation, lighting, and trash pickup. It was stated there will be emergency access only from Crane Avenue North and they will try and keep trees and they could put up fencing. Steve Crowninshield, 106 Crane Avenue North, asked about water problem that his father-in-law has? And if they are keeping the natural buffer. Ron Costa, 130 Crane Avenue North stated there will be extra water and they have problem now. Opposed: William Gray, 92 Crane Avenue North stated this site probably
shouldn’t be buildable because of the wetland and too close to wells. He stated there are plenty of empty spaces in the Industrial Park. City Planner stated the Board cannot deny this Special Permit but can place conditions like lighting, fencing, etc ? Mr. Gray asked what kind of medical clinic will this be, a Methadone Clinic? Mr. Petropulos stated there will be no surgery, no overnight stays
and the hours are 7 a.m – 7 pm
Dick made motion to close public input, seconded by Bob. All in favor.
Bob suggests including steps to contain the first ½ inchof run off. City Planner Kevin Scanlon stated they could move dumpster and put walk way where the door is. Several Board members stated they would like to see new plans showing Bob Campbell’s suggestions addressing the runoff. After some more discussion it was the concensus of the Board to continue and see what new plans look like.
Bob made motion to continue until next month. Seconded by Tony. All in favor. Secretary to send notices to abutters for continuance.
Hearing closes at 6:24 PM.
Form J Plan – 11 Kingman Street – Waiver of frontage requirements – submitted by Wm. & Nancy Couto
Hearing opens at 6:24 PM. Roll Call: Campbell, Medeiros, Dermody, Spencer, Abreau, Faulkner, and Lopes present. Kevin stated dept. comments had no issues, letters from City Engineer, Conservation Commission and City Planner were placed on file. John Delano, P.E. was invited to speak. He stated this proposal is to split onto lot into two, with the remaining land being the cranberry bog. They went to the /ZBA and received approval. Mr. Delano stated that the Mr. Couto is getting close to retirement and wishes to get his affairs in order. They will still maintain house and remaining land will be the bogs. Lot 1 will have house and paved driveway and Lot 2 will have cranberry bog and a number of 40 foot strips for access easements.
Bob made motion to open public input, seconded by Dick. All in favor.
No one appearing in favor or against petition.
Alan made motion to close public input, seconded by Dick. All in favor.
Manny asked what they plan on doing with second lot? Mr. Delano stated it’s the remaining land with the bogs. Tony asked about the access off those 40 foot strips? Mr. Delano answers there are access easements off Kingman Street and it will be turned over to the Trust.
Tony made motion to approved the For m J for 11 Kingman St., seconded by Bob. All in favor.
Hearing closes at 6:32 PM.
Form J Plan – 99 Seekell St. – Waiver of frontage requirements – Submitted by Wm. & Nancy Couto
Hearing opens at 6:34 PM. Roll Call: Campbell, Medeiros, Lopes, Dermody, Spencer, Abreau and Faulkner present. City Planner Kevin Scanlon stated City Dept. had no issues, Letters from the City Engineer, Conservation Commission and City Planer were placed on file. Mr. John Delano states this is similar to previous case, they are just dividing property and the remaining land will be the cranberry bogs.
Bob made motion to open public input, seconded by Tony. All in favor.
No one in favor or against petition.
Dick made motion to close public input, seconded by Tony. All in favor.
Manny made motion to approve Form J for 99 Seekell St., seconded by Dick. All in favor. Hearing closes at 6:33 PM.
Chairman Dermody excused at 6:33 PM.
Public Hearing - Mod. Of Form J & SP for Common driveway y – Field Street – property I.D. 16-1 & 15-82 - To remove condition relative to conveyance of back land to non-profit agency prior to bldg. permits being issued. Submitted by Field & Stream Realty Trust
Hearing opens at 6:33 PM. Roll Call: Faulkner, Spencer, Abreau, Lopes, Medeiros and Campbell present.
City Planner read stated letter from Conservation Commission NOT in support of modification.
Dick made motion to place dept. comment on file, seconded by Arthur. All in favor.
Mr. Robert Taylor, Trustee of Field & Stream was invited into the enclosure. He stated he has submitted Form A Plans for about 60 acres on Field Street and on the north side of Field Street was 3 lots, known as Lots 2g, 2H & Lot 2J. which was approved with conditions by the Planning board and ZBA. He stated one of the conditions was that the back land to be donated to a non-profit agency prior to building permits being issued for the 3 lots. Or it be combined with Lot 2J. They have put in common driveway and put grade but will put blacktop after development of lots. Mr. Taylor stated the back lot had no frontage and subsequently they submitted Form A for land they acquired form Dan Andrade which consisted of a little triangular shape lot consisting of 25,000 sq. ft.
and ended up combining that with backland thus now the back lot has about 185 feet of frontage. Mr. Taylor stated the Board placed that condition because the backland didn’t’ have any frontage. He stated now it has frontage and he has no intention of developing it, it’s all wet. He stated the property across the street owned by Dorothy Lozinski was separated and they ended up donating 29 acres in 2009 and now it’s gets a little tricky with the IRS to donate and get benefits. He had appraisal done which costs $3,000. Dick asks if they land they want to donate is wet? Mr. Taylor answers yes it has a lot of wetlands on it with some upland. Kevin stated the parcel is not landlocked and he recommends removing the condition. Manny asked if they are donating or selling land to non-profit. Mr. Taylor answers they were planning on donating and they weren’t aware they could buy the Andrade property and now the Wildlands Trust
is interested in land. He stated he has offered the land to the Conservation Commission. Mr. Taylor stated the Wildland Trust submitted letter for file.
Alan made motion to open public input, seconded by Arthur. All I favor.
Fred Clark, representing Jim & Ellen Clark Lavender, 128 Field St., opposed. He passed out documents to the members. He asked if the variance was exercised? The City Planner stated they filed a Form J so yes the variance has been exercised. Mr. Clark went to read all communications relative to the Variance. Vice Chairman Campbell indicated they are only here tonight to either remove or leave the condition in. He indicated they cannot change the ZBA Variance. He read his letters into the record and again the Board indicated they cannot change the variance. Ellen Clark, 128 Field St., requests the Board to leave the condition in. Opposed: Patricia Borneman, 140 Field St., stated she lives in front of the 30 acres and it’s wet. She stated that he bought
land from Mr. Andrade and now he’s here to change it again. She indicated his decision is only 2 years because now he’s here asking to change it. The City Planner stated the Board’s rational in placing that restriction was because the lot had no frontage but now it does.
Dick made motion to close public input, seconded by Arthur. All in favor.
Manny made motion to deny modification and leave condition in, seconded by Arthur. All in favor. Hearing closes at 7:02 PM.
Public Hearing - Minor Modification to a previously approved “Prospect Hill Preserve” - Special Permit/Definitive Cluster Inclusionary Development which created 14 single family homes within a condo community on premises situated at 366 Prospect Hill St., Taunton, Ma. Modification is to allow each approved dwelling to have it s own individual lot pursuant to Section 14.2 of the City of Taunton Zoning Ordinance. Submitted by Joseph Lynch
Hearing opens at 7:04 PM. Roll Call: Faulkner, Spencer, Abreau, Medeiros, Lopes, Campbell present. City Planner read dept. comments from City Engineer, TMLP, City Planner, were placed on file.
Atty. David Gay was invited into the enclosure. He stated the only change is that originally the subdivision was on one large lot and now each house will be on their own lot. The way it was originally approved was each lot had rights to occupy the land now they will own lot. Atty. Gay stated this is being changed due to financing. You have to building the total number of units under the old approval and now they would be able to build like a conventional subdivision, one house at a time. Arthur stated you will be able to build like piece mail. He asked about environment issued? Atty. Gay stated they do need to go to Conservation Commission. Manny asked if Atty. Gay spoke to any neighbors? He answers no. Atty. Gay stated they are still obligated to do all the
improvements as indicated in original decision, just switching lot lines.
Alan made motion to open public input, seconded by Dick. All in favor.
Opposed: Dan McRae, 307 Prospect Hill St., Raynham, Ma. asked if the street is going to be able to accommodate these houses now that their own their own lot? Bob Campbell stated when the Board reviewed this proposal they made sure the roadway was suitable for a number of houses and that hasn’t changed. It’ still a cluster subdivision. Atty. Gay stated most cluster subdivision are individual lots, this was different because it’s cluster and inclusionary housing. Karen Bunnewith, 390 Prospect Hill St. asked what happens if the development only builds one house and then goes bankrupt like Sabbatia Landing. Atty. Gay answers like any other subdivision that could happen in this economy but it would have been worse under the old approval. They would have
had to put driveway in and foundation for all buildings and now they would do it on a lot by lot basis. Carla McRae, 307 Prospect Hill St., Raynham, Ma. asked whose responsible for maintenance? Atty. Gay stated the developer is responsible up untril the time the homeowners’ association takes over. Karen Bunnewith stated conceivable the market could get worse and this doesn’t get done. Joyce Ehrenzweig, 268 Prospect Hill St., asked about the culvert? Atty. Gay stated both towns are working on that. Tony stated that Beta paperwork on that. Timothy Bunnewith, 390 Prospect Hill St. stated Raynham built it up and when it rains its terrible. Atty. Gay stated the culvert will be replaced as all those conditions in the original decision still remain. Andrew Slavick, 370 Prospect Hill Street stated he works for the DPW in Raynham and he’s unaware of anything filed by Beta. He
suggested putting fencing around detention basin. Bob Campbell stated it’s the Planning Board’s policy to not require fencing around them. They could put fencing around subdivision.
Dick made motion to close public input, seconded by Alan. All in favor.
Manny stated after hearing proposal the only change would be the property lines and this would be easier of a project to finance. It was asked about lot releases with surety. The Board wanted surety with each lot release now that it’s on their own lot.
Manny made motion to approve the modification of Prospect Hill Preserve, seconded by Arthur.
Manny amended his motion to include lot releases for each lot with surety being required, seconded by Arthur. All in favor. Hearing closed at 7:30 PM.
Cont’d. – Letter from Carlos Melo – Westville Village – requesting return of monies.
The Board invited Joe Norte, into the enclosure. He stated he is requesting the release of the mylar deposit for Westville Village Subdivision which was purchased by the City for conservation land. Vice Chairman Bob Campbell said the Board requested all legal documents pertaining to this from the City Solicitor’s Office. Mr. Norte provided the Board with a copy of the Purchase & Sales Agreement which wasn’t included in the documents from the Law office. Alan reviewed the documents and P&S and there wasn’t anything in their regarding the disposition of deposits. He concludes the developer is entitled to the mylar deposit.
Dick made motion to release the Mylar Deposit, seconded by Alan. All in favor.
Meeting adjourned at 7:34 PM.
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