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3-1-12 mins.
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                   TAUNTON PLANNING BOARD MINUTES
              CITY HALL, TAUNTON, MA 02780
Meeting held at Taunton Public Library, 12 Pleasant St.
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DATE:  March 1, 2012                                                                                        
BOARD MEMBERS:       Daniel Dermody, Chrmn.         Anthony Abreau
                                           Bob Campbell V.C.                 Arthur Lopes
                                          Manuel Spencer, Clerk            Joshua Borden                        
                                           Michael Ritz

 ADVISORS:                     Mark Slusarz, City Engineer
                                          Kevin Scanlon, City Planner
 __________________________________________________________________________
Roll Call: Borden, Campbell, Abreau, Lopes, Ritz, Spencer and Dermody present. Meeting opens at 5:30 PM.  Also present was City Engineer Mark Slusarz.

Arthur made made motion to accept minutes of February 2, 2012 meeting, seconded by Manny. All in favor.   
 

Special Permit-Site plan  Review – Auto repair – 350 ½ Winthrop St. – Need to forward recommendation to Council.
Clerk Spencer read the DIRB recommendations into the record.   Paul Patneaude, P.E., Earth Services Corp-.  was invited into the enclosure. He stated the mixed use (auto repair & single family house) requires a Special Permit/Site Plan Review with the Municipal Council so the P.B. has to send their recommendation for the public hearing.  Joshua asked about the easement on the plans that the City Planner was referring to?  Paul answered it was utility for TMLP for pole in front.  Bob asked if there is any drainage being proposed? Paul stated the site is not going to be paved, stone dust so that is not required.  The garage will have downspouts.  Bob suggests conditions no paving unless drainage is put in.   Manny asked if the house in front is owned by same person?  Paul answers yes.    Arthur asked if they plan on selling vehicles and Paul answers  no, just repairing vehicles.  Paul stated there is a fence with gate so it won’t be visible from road, everything will be behind fencing.  Currently the owner rents space elsewhere.  Manny stated he knows the applicant of to be of good character but doesn’t want it to be like the one down the road.   City Engineer reminded the Board the approvals goes with the property not the applicant. The Board wanted to know how many vehicles will be kept on site?  Paul stated the site can accommodate 31 spaces.   Bob suggests placing condition to have a 5 foot sidewalk with granite curbing in front of property. Discussion took place relative to Mass. Highway paving Rte 44 in the next year or two and whether or not they are proposing any sidewalks on this side. Tony stated he would hate to put condition and put burden on applicant if the State has plans to do it.
Manny made motion, seconded by Mike to forward a positive recommendation to the Municipal Council including the DIRB comments and the following conditions.

  • That the plans dated November 12, 2011 shall govern with the following additional conditions:
  • A rubbish permit is required for all containers of 6 cubic yard or more.
  • Lighting shall not illuminate any portion of abutting properties and a lighting plan shall be approved prior to building permit.
  • The site shall be kept clean and clear of debris.
  • Two sets of As-Builts shall be submitted upon completion of all work on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans.  Plans shall show at least all of the information shown on the proposed plans referenced in condition # 1 above and all utility as-builts.
  • Storage shall be contained herein with the defined vehicle storage spaces only at all times.
  • Exterior storage of vehicle parts or other materials on the exterior shall be prohibited at all times.
  • Plus and minus notation on the acreage shall be removed.
  • Dumpster shall be kept clean at all times, emptied regularly, to be placed on a concrete pad.
  • A set of updated plans shall be submitted that conforms to all the requirements of this decision before any building permits will be issued. Two sets are required.
  • The easement referenced on the deed shall be clarified.
  • Waterlines shall be shown on the plan.
  • ADA/AAB approved surfaces shall be used on the handicap parking and access.
  • Proper backflow prevention on the water piping system may also be needed, if called for by the plumbing code.
  • All DPW specifications and permits will apply, and confirmation of compliance will be required prior to final approval of the DPW.
  • A dimension shall be added on the aisle width.
  • Compliance with ZBA Case # 3107 is required.
  • Back water valves will be required for all sanitary sewer connections, existing and new.
  • A hazardous materials permit is required from the Board of Health.
  • Vehicle storage spaces shall be marked.
  • Note #7 shall be corrected from a max 200 sq. ft sign to a max 64 sq. ft. sign.
  • Site is not to be paved unless interior drainage is designed to the satisfaction of the City Engineer and properly constructed.         
All in favor.  

Bob made motion to send letter to Mass. Highway requesting they construct sidewalk on this side during construction and paving of Rte 44. Seconded by Mike. All in favor.

Preliminary Subdivision – “Myles Standish Ind. Park Phase IV Expansion – Section “H” construction – located off Constitution Dr. – to create 6 lots.
Bob Field and Ken Motta from Field Engineering were invited into the enclosure.  Bob stated he is representing Mass. Dev a new entity of the TDC. Bob stated this is the former Dever School which consists of 220 acres and they will be asking for a waiver from MEPA for Phase I.  Out of the 220 acres there is only 47 acres that could be developed.  They are proposing a 2,500 foot roadway with 4 developable lots and they just received conservation approval for their ANRAD   They have a hearing on March 12, 2012 with the Conservation Commission for NOI and after that they will proceed with the definitive filing.  The timing is critical due to the grant they will have to start in spring.  Bob asked about the remaining 2 lots, one being the bigger lot.  Bob suggests having road loop into John Hancock because there is a lot of use over Bay Street and Norton Rd.    Per MEPA they can’t develop the remaining land now.  Bob Campbell asked if  lot 1 would have access from Bay Street? Bob Field stated they did study and re-zoned that and its open space and the Life Science Center will be going on that lot and its intent is t have access to Bay street passage.  Bob Campbell stated that’s what he is looking at passage vehicles for future lot.  He suggests having layout on South Boundary Road for access utilities.   Joshua asked if there should have been a PLS stamp on preliminary plans.   Bob Field stated that should have been tagged and there will be on the Definitive Plans.  Joshua asked if the waivers being requested is consistent to what’s there .  Bob Field answers yes, and the State dictates the radius which is tight so they are asking for a waiver from 100’ to 60’.  Manny asked if the Life Science Center is still going in?  Bob Field answers that is all being worked into the MEPA study and they just got the land surplused but hoping end of December.  He stated the legislature has allocated 5 million.  He stated the MEPA study is a pretty complex process.  Manny asked again if the Life Science Center is still being proposed   Bob Field answers the intent is still there and the traffic study and environment report is being done. City Engineer asked about drainage along the cul-de-sac?  Ken explained to Mark how the drainage will work.  Ken stated any further development will have their own drainage.  
Arthur made motion to approve the Preliminary Subdivision, including all dept. conditions, seconded by Tony.  All in favor.

Chairman Dermody asked about Mr. Field to give brief  update on the  Mass. Dev/TDC and the recreation land (25 acres) and how monies are going to be committed to the P&R and they can use at their discretion.  

Communication from Municipal Council – relative to P.B. referral of proposed Landlord ordinance
Clerk Spencer read letter from Board of Municipal Council which was referred to the Committee on Ordinances and Enrolled Bills, invite Police Chief, Planning Board & Landlord Association It was also referred to the City Solicitor’s for opinion to see if it’s legal to hold a landlord responsible.   Placed on file.

Discontinuance of Spadina Avenue -  Need to forward a recommendation to the Municipal Council –
Atty. Matthew Costa, Gay & Gay P.C., was invited into the enclosure. He represents petitioners who wish to discontinue a paper street about 400’ long.  There are 4 houses on the street using frontage on other street so it’s not needed for access.  Atty. Costa stated the street was never constructed and won’t be.   Joshua asked the City Engineer about discontinuance and if there would be a form a after it’s discontinued?  Atty. Costa stated he represents 2 of the 4 people who live on street.  Bob stated that the City is not a property owner and there are no utilities. State laws requires abutters to be notified. City Engineer stated the lots would be assessed with more lot area if street was discontinued.  Manny asked why the do the abutters want it discontinued?  Atty. Costa stated one driveway overlaps and they want to confirm what there now. The road is close to 59 & 67 Spadina Ave and they want clarity.  Bob stated that the other 2 abuttters have rights to the street.  He stated, in his opinion, the City could  incure liability.  Bob stated he doesn’t know why the City is getting involved?  He suggests going to land court which will allows abutter input.  He stated the City has no ownership, on this unconstructed street, no utilities there and he doesn’t want the City to get in the middle of it.   

Bob made motion to forward to the council: the following:   the Board concluded they have no objection to an abutter pursing the discontinuance of a “paper street.” However, since the street is not a public way, was not laid out by the City, no City-owned land abuts it, and there are no City-owned or other public utilities within the layout, it is beyond the scope of the City’s authority to discontinue the street.  In fact, the Board believes that such an action may expose the City to potential liability by appearing to eliminate a layout to which the abutters, including the non-petitioners have specific rights.  The Board suggests that the City waive any rights it may have in the street layout and further suggests the abutters pursue elimination of the layout through Land Court or by entering into an agreement amongst all  of abutters and following that up with a “Form A “ plan to document the new property division lines. Seconded by Joshua. All in favor.  




Courtland Estates – now Meadowland Estates – Release of original mylar deposit ($48,000)
Atty. David Gay was invited into the enclosure. He stated he represented the original owner (Courtland estates) who posted the $48,000 mylar deposit and due to the unfortunate sudden death of one of the owners, they sold subdivision to Yvon Nadeau.   He got it re-permitted as a cluster developer now known as Meadow Land Estate.  Unfortunately the property was recently sold at auction and G. Lopes now is the new owner. Mr. Nadeau had written confirmation that the $48,000 mylar deposit was to be returned to Court Company when completed.       Since Mr. Nadeau no longer owns the property Court Company is requesting their monies back.    Clerk Spencer read letter from the City Planner requesting to refer this to the law dept. for a legal opinion.  Atty. Gay stated he has no issue with that but if it comes back ok it can be acted on in April, if not, then schedule it for May as he will be away in April.  Tony stated he spoke with the City Planner and informed them the new owners are out there doing work.  The secretary called G. Lopes and informed them to provide the office with contact number and she informed them of the mylar deposit issue and they might be required to post it.    

Motion made and seconded to refer to the Law Dept for legal guidance. All in favor.

Roundtable Lane  Ext – Lot Release for 2 lots (Lot 247A & Lot247B) Holding $7,000 and 2 lots
Richard Feodoroff was invited into the enclosure.  He thanked the Board for allowing his request. Clerk Spencer read letter from City Planner recommending release of lot 247A with an additional $7,000 surety being posted.    Circulate the E-5 form to all departments for last lot (lot 247B) and schedule for next month.
Bob made motion to release lot 247A upon receipt of $7,000 of surety.  Seconded by Joshua. All in favor.

Prospect Hill Preserve – Request for Lot Release (Lots 9 & 14) holding $40,858.00 plus 10 lots )
Mr. Dan Russell was invited into the enclosure.  Clerk Spencer read the City Planner’s letter into the record.  
Bob made motion to release lots 9 & 14 with no additional surety at this time.  
City Engineer informed Mr. Russell he would have to stop by office to fill out new street address cards.

Dept. of Environmental Protection – Provisional Approval – 569 Winthrop St – modification of a large construction & demolition debris processing & handling facility.    ( Informational Only.)  
Placed on file.

Kelly Eng. Group Inc., Environmental Notification Form – Fairfax Gardens Hope VI (informational only)   Placed on file.

Meeting adjourned at 7:00 pm.


Next meeting April 5, 2012 at 5:30 pm