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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: October 6, 2011 PAGE NO: 1
BOARD MEMBERS: 1. Daniel Dermody, Chrmn.
2. Bob Campbell 5. Arthur Lopes
3. Manuel Spencer 6. Alan Medeiros
4. Tony Abreau
ADVISORS:
7. Kevin Scanlon, City Planner
- Mark Slusarz,, City Engineer
Roll Call: Dermody, Lopes, Spencer, Abreau, Medeiros, present. Meeting opens at 5:36 PM.
Campbell present at 5:49 p.m.
Tony made motion to approve minutes of Sept. 1, 2011 seconded by Manny. All in favor.
Arthur made motion to revert out of the regular order of business and go to new business seconded by Dick. All in favor.
Public Hearing – Form J – 218 Hart St. – Waiver of frontage – to split one lot into two lots – submitted by Louis Loura
Hearing opens at 5:36 PM. Roll Call: Present were Spencer, Abreau, Lopes and Dermody. Campell present at 5:49 PM.
Department letters from City Planner, Conservation and City Engineer were read into the record and placed on file. Mr. Louis Loura was invited into the enclosure. He stated he is here tonight for a waiver of frontage for property located at 218 Hart Street. He received ZBA approval and now needs Form J approval. He is proposing a duplex house on new lot with emergency turnaround. He is proposing to keep as many trees as possible to keep natural buffer for new lot. Mr. Loura has met with all abutters and answered their questions.
Tony made motion to open public input, seconded by Manny. All in favor. No one in favor or opposed.
Arthur made motion to close public input, seconded by Tony. All in favor.
Manny asked if these lots will be serviced by sewer? Mr. Loura stated private septic. Each lot will have their own driveway. Bob asked about adjacent lot and they will have their own driveway. Mr. Loura answers yes. Tony asked how far back will house be located? Mr. Loura answers about 260 feet back of which all setbacks will be met.
Manny made motion to approve Form J Plan for 218 Hart St. Seconded by Arthur. All in favor. Hearing closes at 5:52 PM.
Cont’d. Special Permit – 228 Berkley St. – 24 unit condo development – submitted by Oscar Squared Inc., Richard Feodoroff. Need to send recommendation to Council.
Letter from Richard Feodoroff was read into the record requesting a continuance until December to allow time to talk with abutters, conduct sewer flow test and submit new plans.
Bob made motion to approve continuance request, seconded by Manny. All in favor. Mr. Feodoroff stated he met with Mr. Fisher (abutter) and they have discussed increasing site distance and they will have to conduct sewer flow test for DPW. Mr. Feodoroff stated he contacted Veolia and they need 4 weeks to conduct tests.
Continued to December 1, 2011
Letter from Comm. Of Mass. – Mass. Historical Comm - relative to Myles Standish Industrial Park Phase IV expansion – Project Notification Form. (Informational only)
Information purposes only
River Pines Lot release – holding $6,900 and 12 lots – Requesting to release Lot # 10. – submitted by Richard Feodoroff .
Petitioner is requesting lot release for Lot #10. Letter from City Engineering confirming work as stated on request form is accurate.
Bob made motion to release lot #10 upon receipt of $6,900, seconded by Arthur. All in favor.
Sabbatia Landing – Requesting owner be present at meeting for an update
Mr. Carlos Melo was invited into the enclosure. Also present was Kevin Duquette, Environental Compliance Officer, B.OH. Chairman Dermody stated they had meeting with Mr. Melo, Ctty Planner, DPW, B.O.H., Conservation Commission at site after last meeting. Last meeting the Board heard from residents and now tonight Mr. Melo is present. Mr. Melo stated he has addressed the safe & health concerns and he has started remedy for safety of foundations. Kevin Duquete, B.O.H stated he met with Tim (Mr. Melo’s workers) yesterday and all the violations in his previous letter dated 9-08-11 have been addressed. Wood was put on top of open foundations to secure them. The illegal dumping has been cleaned up, cleaned up sump pumps, showed good step in keeping standing water out by putting peat
stone and mesh down. They have a temporary location for dumpster until site is complete then dumpster will be in fenced at its proper location. The abandoned trailer on site will be removed in one week. Manny asked Mr. Melo if he bought property from auction? Mr. Melo answers he bought from bank, he bought the rights to develop rest of the units. He is the Trustee of the Association because 51% of the units are not completed. Manny stated as Trustee aren’t you responsible for the units to be built? Mr. Melo stated there is no condo association or homeowner’s association yet. Mr. Melo stated they pay fees for services such has maintenance, lawn care. They have a management company who handles and he oversee it. They coordinate everything, collect fees and pay bills. Manny asked do the residents have right or say in anything? Mr. Melo answers no they don’t. BUT he states he has been very
cooperative if a unit owner wants to add anything he has approved it. Manny stated they pay their fees but don’t have a say in what it’s spent on? Mr. Melo stated they pay for a service of which they are getting. Manny asked he has the rights of the permits. Bob added also the responsibility of the permit, the approval, such as the gate that he proposed and got approval for. Mr. Melo stated he doesn’t understand why the board keeps asking about gate, why would he spent all that money in this economy to put up gate, who will it benefit it? Them? He states “ it’s not worth it.” Mr. Melo asked why should he maintain the entrance when there is nothing there? Tony stated, in his opinion, he would make the entrance look nice for marketing purposes. Mr. Melo stated this is a private matter between him and the residents, not the Planning Board. Chairman Dermody reminded him the approval
for this subdivision was from this Board and this is in build-out . He stated the residents came to this Board because this Board approved it. Mr. Melo reminded the Board anything beyond safety should not be discussed in this forum. Manny stated the Board needs to get legal opinion on what the Board’s rights are. Several Board members agreed that certain things are under the purview of the Board and we must get clarification from legal department. Bob stated there is one Special Permit and you can’t separate it. Mr. Melo stated that the safety issues are his responsibility and the other issues are not for this Board. Arthur asked if he put wood and wire mesh over foundation for safety and he answered yes. Manny’s concerns are the residents’ safety. He stated that Mr. Melo is a businessman and he should work with the residents. Mr.Melo didn’t appreciate the residents going behind his back
and running to the P.B. Bruce McDonald, 1601 Bay St., Unit 501 disagrees that Mr. Melo hasn’t been very cooperative and Mr. Melo interrupted and before it could get contentious Chairman Dermody interrupted. Mr. McDonald said he walked today and saw standing water. He agrees work has been started. Maurice Hardy, 1601, Unit 502 - asked about the undeveloped portion of the project. Mr. Melo stated he doesn’t own the land just the buildings. He also stated in the condo documents they are supposed to meet yearly and they don’t. They have no representation and are forced to live with what he says. Mr. Melo again stated this isn’t the forum for this. Mr. Hardy stated his main concerns were safety, vandalism, access to dumpster and parking. He did bring to the Boards attention now that there is prohibited parking across the street near Watsons Pond they will be parking on their
property. Chairman Dermody thanked Mr Melo for appearing tonight and thanked Kevin Duquette, B.O.H. for being present tonight. The Board has to be fair to all parties and will get legal opinion from law on what they can discuss. Mr. Melo left meeting abruptly.
Chairman Dermody stated they had something to discuss relative to the recreation land that is to be set aside for soccer/ball fields by the TDC. Bob stated the Board is on record supporting maintaining the buffer between the industrial park and residences along South Crane Avenue. The Taunton Development Corp. had a site walk with various city departments including the public property committee showing this site for future ball fieds? The Planning Board was unaware of this. He thinks if anything comes up regarding this the Board should be made aware. Manny stated he was very upset to hear this and he feels the Board is getting the run around. The TDC knows how the Planning Board feels about the 25 acres that is supposed to be set aside for ball fields but they
should also know how this board re-assured the abutters to keep buffer for them. He thinks the Planning Board is not getting any cooperation and being by-passed and this is very disrespectful to the Board. Chairman Dermody stated no one wants the field for the children more than this Board. He stated there are more suitable locations for the recreation fields. He too thinks the TDC disrespected the Board. Tony stated this had to be addressed.
Manny made motion to send letter to TDC requesting what their plans are, alternative location and make sure the location is compatible with the neighborhood. CC: Council & P&R, Kevin Shea, Seconded by Arthur. All in favor.
Chairman Dermody stated during their tour of the site they heard humming from the chipping from Lopes and then went on other side where residences are and heard birds they need to keep that buffer
Manny made motion to inform the TDC when development of the area is pursued to notify the abutters individually to allow public input, seconded by Arthur. All in favor.
Chairman Dermody reminded the Board that when the proposed zoning change came before the Board all the abutters showed up in opposition.
The Chairman confirmed the City Planner gave his opinion at the request of the Council on this parcel relative to Conservation/Recreation land. The Board was upset that he didn’t notify them.
Meeting adjourned at 6:50 PM.
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