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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
(Meeting held at Maxham School, 141 Oak St., Taunton, Ma. )
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DATE: April 5, 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
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Roll Call: Borden, Campbell, Abreau, Lopes, Ritz, and Dermody present. Meeting opens at 5:30 PM. Also present was City Engineer Mark Slusarz and City Planner Kevin Scanlon.
Arthur made motion to accept minutes of March 1, 2012 meeting, seconded by Tony. All in favor.
Cont’d. Courtland Estates – now Meadow Land Estates – Return of Mylar Deposit ($48,000) & meet with new owners - update on work
Letter from the City Solicitor was read into the record recommending to not release mylar deposit at this time.
Arthur made motion to continue this matter until next month, seconded by Bob. All in favor.
The City Planner stated the Board invited new owner for a status update. He stated there are a few things going on. Kevin stated there was a complaint and through an investigation it appears there has been some work being done out there. On lots 8 & 9 clearing has been done for corn growing. The lots are under covenant and there is a strip which is the access to the rear to the open space. The policy of the Planning Board is to not clear anything until lots are release but the laws states you can’t sell or put up structures on the lot. There is no issue as long as they aren’t removing loam. There are some other issues but they are under the jurisdiction of the Conservation Commission. Gilbert Lopes and Atty. Shephard Johnson were ivnited into the enclosure. Mr. Lopes stated they have been plowing on lots 8 & 9. Atty. Shephard Johnson states it’s not their intent to cause any problems. There is a 10 foot wide acesss to rear and they are going to stay away from that. They
will give the board a more comprehensive plan showing they are going to stay away from access. Tony stated the work done was not actual clearing but rolled over soils. Bob stated they should use caution and not change any of the contours. Mr. Lopes stated they rolled over about 8 inches of dirt. Bob stated they must stay out of the open space and suggests filing the conservation restriction as soon as possible. Arthur asked how big are the lots? Mr. Lopes answers about 5 acre lots. It was suggested finalizing all of the lot lines (they indicated they may want to change some) prior to the conservation restriction is done.
Mr. Gilbert Lopes and Atty. Shephard Johnson were excused from meeting.
Cont’d. Roundtable Lane – E-5 circulated – release of last lot.
Mr. Richard Feodoroff was invited into the meeting. The City Planner states we are holding $7,000 and the release of the last lot triggers the circulation of the E-5 form allowing all departments to submit comments. The Board voted to release the second lot upon receipt of $7,000 from last month. (totaling $14,000 of surety) Ken Motta, Field Engineering, Outside Consultant was present and invited into the enclosure. He agrees with the estimated completion cost.
Bob made motion to release last lot upon receipt of $26,000, seconded by Mike. All in favor.
Arthur asked what’s the size of the “no- cut zone” and Mr. Feodoroff answers 25 feet but they even allowed for more.
Two minute recess taken.
Tony made motion to revert out of the regular order of business, seconded by Mike. All in favor.
River Pines – Request for Lot Releases – holding $13,800 plus 9 lots
Josh Borden excused. Richard Feodoroff request release of Lot # 13. City Planner read the estimated completion cost.
Mike made motion to release Lot #13 upon receipt of $6,900 seconded by Arthur. All in favor.
Special Permit/Site Plan Review – 125 Winter St – LP Storage – an expansion of a
L P gas storage use. – Need to forward a recommendation to Municipal Council
Mr. Mark Allen was invited into the enclosure. The City Planner explains they are adding a 30,000 gallon above ground tank which which will be behind the existing one. There will be no additional clearing. Joshua asked if this has to go to Conservation Commission and Mr. Allen answers yes.
Tony made motion to forward a positive recommendation to the Municipal Council, seconded by Arthur. All in favor. Mr. Mark Allen excused.
Request for Waiver of Filing Fees – Myles Standish Ind. Park – Phase IV – Waiver & reduction of Mylar Deposit.
Letter from Field Engineer on behalf of MassDevelopemnt requesting waiver of filing fees and reduction of Mylar Deposit Fees. City Planner’s letter was read into the record and placed on file.
Arthur made motion to waive the Field Inspection, Design Review and subdivision filing fees, seconded by Tony. All in favor.
Bob made motion to reduce the Mylar Deposit fee from $39,000 to $18,000, secnded by Tony. All in favor.
Public Hearing – Definitive Subdivision – Myles Standish Industrial Park – Phase IV Expansion, Section “H” – Construction – 220 acre parcel of land bounded westerly by Constitution Dr., easterly by Bay St. and southerly by Fremont St. – to create 6 lots. Submitted by MassDevelopment
Roll Call: Borden, Campbell, Abreau, Lopes, Ritz and Dermody present. Hearing opens at 6:00 PM.
Mike Mitchell, MassDevelopment, Alan Delaney , Eng. MassDevelopment and Ken Motta, Sr. Project Manager, Field Engineering were invited into the enclosure. Chairman Dermody stated that Mr. Lou Ricchiardi was called out for family emergency and unable to attend the meeting but was intending to. Mr. Motta stated that the Planning Board approved the preliminary plan a month or so ago and this basically is same plan. They are proposing a 2,500 foot extension of the roadway creating 6 lots. The property consists of 47 acres and they obtained their Phase 1 waiver from MEPA. MEPA has allowed them to proceed and they will be constructing their stormwater system per DEP regs. and they have filed a NOI with Conservation Commission. There will be 2 separate detention basins and utilities in
roadway. The soil tests are good and end of roadway they will be constructed wetland. Mike Mitchell, Project Manager, MassDevelopment gave background on MassDevelopment and TDC. This is 50/50 redevelopment of site and both non-profits corporations will be combining their strengths. They took title on January 11, 2012. The Legislation in 2002 and in 2008 came into affect with 170 acres for the industrial park expansion and a portion of will be the Life Science facility. MassDevelopment came in and looked at site and got creative with grant funding. Chairman Dermody stated that Mr. Ricchiardi indicated a firm commitment for 2 parcels? Mike stated they have a firm commitment and will do their due diligence for industrial uses. They have a lot of interest and are doing a lot of master planning for the Life Science facility. Mike stated she intents on making it a fluid process and keeping hold of the grant monies. She commended all of the city departments in being good and
keeping the process open and had legitimate questions. Bob asked if this is outside of Acquifer Protection overlay district? She answers yes it meets the rules. Josh asked about Lot 5 and if this is the former recreation land? She answers that lot is protected by DCAM. Each separate lot will have their own re-charge systems. City Planner Kevin asked why Lot 5 is protected by DCAM? Mike answers that is the passive recreation lot and is a buffer. It was noted the 25 acres of recreation land has been moved and Lot 5 is just the passive recreation and buffer restricted by DCAM.
Josh made motion to open public input, seconded b Arthur. All in favor.
No one appearing in favor. City Planner just asked that the abutters stick with questions relative to the subdivision. Paul DeBarros, 50 Ryan Circle, submitted list of concerns to board members. He asked if they could guarantee there will be no contamination to the water acquifer district? Mike stated there are protections put in place and they must follow them and they are held at a higher standard under the State for design review. Mike stated there is a cemetery on Harvey Street and they are working with Mass. Historic Commission to confirming how many bodies are buried there. It is not their intention to disturb cemetery. Mr. DeBarris asked about the acquifer wells? Mike stated they are not on her site. Bob thought that it was delineated somewhere near Ryan
Circle and Bay Street? Mr. DeBarros asked if there were any discussion with the State to put off ramp to alleviate traffic congestion from park? She stated that is a good concern and will try and mitigate the concerns of the neighbors. Mr. DeBarros asks what’s the buildout? Mr DeBarros asked if there is anyone on the Board with any personal interest, like brokers, insurance companies, etc? Mike stated that their by-laws and auditoring protects them against that. They do public bidding. Bob stated when the preliminary came in he suggested funneling traffic from So. Crane Avenue and Harvey Street and the existing Dever site. Mr. DeBarros commented the traffic is terrible with speeding up to 55 mph and passing. Mike stated they have BS Group doing traffic study looking at that intersection. Mr.DeBarros stated in his opinion, the expansion of the park is a depletion of city
services and a deficient to the residents out there. Opposed: Allison Every, rep. Dever Association (former residences) She is concerned with traffic creating barrier, berms being houses. She asks the buffers are good to protect the existing houses. The dever houses are a fragile population. Mike state they will be away from those houses and the closest would be the Life Science center. Opposed: Lisa Bennett, 44 Quail Dr., stated they did walk-thru with TDC 10 years ago and was promised a football field buffer and the park will be 300 feet back. She asked what type of businesses can go on these parcels.? Mike stated any use that’s allowed under the zoning ordinance but certainly they will take into consideration the neighbor concerns. She stated that Meditech (her work) wanted to go into Freetown but that was squashed. Opposed: Jeff Tavares, 1360 Bay St. asked what the capacity and currently vacancy of
the park and also part of the construction phase will there be any buildings being torn down? Mike stated there will be some home torn down but no big buildings. It was noted that the structure to be taken down are marked with an “X” by the fire dept. Opposed: Henry Baptiste, 164 Partridge Circle asked about the houses being taken down along old streets was the group homes near E. Pole Street, Basset Street and Fremont Street. He stated on the GIS it shows open space recreation. Mr. Motta showed Mr. Baptista the Dever houses to be taken down. He stated the park as been there for 25 years and you hear all the success stories but never the deficits like all the empty buildings. An irate abutter (Paul) brought to the Board’s attention the neighboring industrial park and the place is empty. He proceeded to voice his concerns to the Board using expletives and told my Chairman Dermody that kind of language was not tolerated and
he proceeded to raise his voice and Chairman Dermody asked his to leave. Opposed: Leonard LaCombe, 56 Quail Dr. asked about the gas station in BJ’s? The City Planner stated the BJ’s got approval for gas but never put in. Phil Bourret, 7 Basset St. stated the property is within Zone 1. Bob stated the rule is you have to stay away from 400 feet from a well and no development on top. B.J. was probably approved because they were 400 feet away from the wells. It was asked if there was going to be any ground level changes? City Engineer stated it would be a cost to the developer to change the grades. City Engineer asked if there is an access road to South Boundary Rd and Ken answers no. City Planner stated the only restricted vehicles are that of the Quarry thru their earth removal permit. The City Planner pointed out that the only trucks that cannot use the road is the ones under the Earth Removal
permit. All other can use it. Mr. Bourret pointed out that there was a tree down at 11 Basset Street at 6:00 AM and there were 2 employees and 2 cruisers and one 18 wheeler there. He stated that Aggregate and Perkins Paper can’t use Basset Street as part of their approval but all other trucks can. He stated at 911 had lease for 3 years and he asks that we keep them there. He brought t the Board’s attention the power plant and the diesel fuel and asbestos on the site. Mike stated they will be trying to get Brownfield grants for clean up. Tony asked Mike about moving group homes? She answers there is one house with 3 DSS clients of which will be 2 new houses built by THA. Opposed: Chris Nelson, 19 Fifth Avenue asked what would be the construction hours? He was wondering what the neighbors were going to be dealing with during construction. Bob suggests notifying neighbors.
Mike stated she will be creating a website and they could get information regarding the project. There was some discussion about keeping the communication open between MassDevelopment and abutters.
Tony made motion to close public input, seconded by Arthur. All in favor.
The Board thought it was best to keep the neighbors informed and keep them apprises of future development the lots. It was noted that each developer will be required to go through the permitting process and neighbors will be notified if certain approvals require them to be. But the Board suggested Mike take into consideration the neighbor’s concerns about being kept informed.
Bob made motion to approve the Definitive Subdivision including all waiver as presented and include dept. comments. Seconded by Tony. All in favor. Hearing closes at 7:20 pm. Paul Patneaude, Earth Services Corp. was assigned to be the Outside Consultant.
Broadway – Layout plan – submitted by DPW – P.B needs to endorse plans.
Tony stated there was a survey plan done by Earth Services for the exiting layout. This needs to be signed by P.B. and approved by Council.
Joshua made motion to have P.B. endorse plans, seconded by Michael. All in favor.
Bob made motion to forward a positive recommendation to Municipal Council to accept this portion of roadway as a public way, seconded by Tony. All in favor.
Summer Schedule – Re-schedule July meeting?
The Board voted to re-schedule their July and August meeting. It was then brought to their attention that there will be a primary on Thursday, September 6, 2012.
Motion made and seconded to re-schedule the July meeting for July 19, 2012(instead of July 5th) and August 30, 2012 (instead of Sept. 6, 2012)
Joshua stated that the Municipal Council denied the request to discontinue Spadina Ave. He wanted to ask that if it comes back as a Form A plan it be brought to the full Board.
Meeting adjourned at 7:30 pm.
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