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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: May 3,2012
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, Lopes, Ritz, and Dermody present. Meeting opens at 5:32 PM. Also present was City Engineer Mark Slusarz and Conservation Agent Michele Restino.
Arthur made motion to accept minutes of April 5, 2012 meeting, seconded by Michael. All in favor.
Field Street – Parcel 16-1 – Letter from Cons. Comm. – relative to acceptance of land on Field Street – Field & Stream Realty Trust –
Joshua excused from discussion. Letter from Clerk of Council Committees was read into the record. Letter from Conservation Commission was also read into the record.
Motion made and seconded to place both letters on file, All in favor.
Michele Restino, Conservation Agent was invited into the enclosure. Chairman Dermody asked her to comment on this land on Field Street. She stated the Conservation Commission voted to accept land from Mr. Robert Taylor which consists of 32 acre and per his approval from P.B. and ZBA Mr. Taylor is fulfilling his obligation by donating this land. She stated Conservation land is protecting area from development and using for passive recreation but recommends board recommend no use of motarized vehicles She stated there is no funding for these properties and this property is very wet and is within the Snake River acquifer. The intention is to preserve for wildlife. Manny asked what is her preference. She prefers conservation land. She stated the Commission
accepted it as conservation land. She stated the Hutt Forest has no conservation restriction. Bob stated the owner can put restriction.
Manny made motion to specifically condition land as “conservation land” seconded by Arthur. All in favor.
Frazier Pasture Farms –E-5 circulated – Release of all monies (holding Lot #4 & $30,000) located off Tremont St.
John Garanito was invited into the enclosure. Clerk Spencer read dept. comments from Fire, Water, DPW, TMLP, Conservation Commission, B.O.H., and outside consultant. City Engineer stated he received the As-Builts and the calculations for the detention pond.
Bob made motion to release all monies & release lot 4 and forward a positive recommendation to Council for street acceptance.. Release mylar deposit after street acceptance action. Seconded by Mike, all in favor.
Taunton Development/Mass. Development - discussion relative to bonding in place of covenant - Myles Standish Industrial Park – Phase IV Expansion, Section “H” – Construction –
Atty. Edward Roster & Ken Motta was invited into the enclosure. Letter from the City Planner was read into the record. Mr. Motta was asking the Board instead of a recorded covenant they wanted to post bond with language with City as “first party” to get project started and mylars plans recorded. Mr. Motta explains how this project will be public funded and they will post performance bond instead of recorded covenant. Bob stated they could record covenant and when a bond is posted the P.B can release. The secretary informed the Board the mylar plans cannot be release until the bond is in place. Bob stated the city needs to be protected and if the bond is not in place then they could put covenant and the get it released at later date when bond is all set.
Atty. Roster updated the Board on the MEPA progress and MassDevelopment is creating website with the next month or so to keep al informed.
Bob made motion to allow a performance bond listing the City of Taunton/MassDevelopment as co- beneficiaries in exchange from our normal surety requirement. However; until bond is in place a recorded covenant is acceptable to get mylar plans. All in favor.
Cont’d. Courtland Estates – now Meadow Land Estates – Return of Mylar Deposit ($48,000)
Chairman Dermody stated they have no new update from Law Dept. Atty. Gay and Atty. Fountain both said they need to work it out and then will inform the Board of the resolution.
River Pines – Lot Release – Request to release Lots 7 & 11 (Holding $27,600 plus 9 lots)
Richard Feodoroff invited into the enclosure. City Engineer agrees with estimation and recommends releasing lots upon receipt of $6,900 for each lot.
Bob made motion to release lots 7 & 11 upon receipt of $6,900 per lot, seconded by Manny. All in favor.
Public Hearing – Mod. Of Full Site Plan Review – to allow automobile filling station with storage of
petroleum products together with a convenience store , 3 retail busineses and a restaurant with drive-thru – Submitted by Mathew St Germain
Roll Call: Borden, Campbell, Lopes, Ritz, Spencer and Dermody. Hearing opens at 6:13 p.m.
Josh disclosed that he has business dealings with applicant in past and he received opinion from Law office and finds he can vote on case without any conflict. Bob stated he thinks the change is a better layout. Atty. William Rounds, John DeSousa, Eng. And Matt St. Germain were invited into the enclosure. Atty. Rounds stated they changed the layout of the site slighting by having the drive-thru building in front and turned the other building. The old plan shows the restaurant with drive-thru in rear of site. The financing company wanted it changed so they are making the changes and going thru the process all over again. The total square footage is same and the drive-thru is more visible. The building in the rear is smaller and they
rotated it. Atty. Rounds stated the uses didn’t change. Atty. Rounds stated the only changes from previous conditions would be #1 and #20. Joshua asked where the speaker would be located? John DeSousa said the speaker will be on right side of building which would accommodate 6 vehicles stacking. Bob stated condition #20 deals with two-way but keeps the pedestrian walkway.
Josh made motion to open public input, seconded by Arthur. All in favor.
In favor: Virginia McCrohan, 340 Winthrop Street and Tony Obregon, 343 Winthrop Street in favor of project. The secretary informed the Board the DIRB hasn’t met on this (scheduled for next week) and that is why there are no department comments. The City Planner requests the Board continue until then.
Josh made motion to close public input, seconded by Mike. All in favor.
Manny made motion to approve Full Site Plan Review modification, to include original conditions with the exception of #1 & #120. All in favor. Hearing closes at 6:22 pm.
Public Hearing – Form J Plan – 390 Washington Street and 12 Jackson Street – Waiver of frontage – reconfiguration of 2 lots – Submitted by Arthur Cabral.
Hearing opens at 6:25 PM. Roll Call: Borden, Campbell, Lope, Ritz, Spencer and Dermody present.
Josh disclosed that he had dealings with applicant and after receiving opinion from Law Dept. is able to vote on this case without any conflict. Atty. David Gay, Paul Patneaude, Arthur Cabral were invited into the enclosure.
Atty. Gay stated this is the former site of Art’s Bakery which burned several years ago. Unfortunately due to the economy it isn’t feasible to re-build bakery. They have received ZBA approval for duplex and now they need a Form J approval because the lot lines changed slightly for 12 Jackson Street. The ZBA specifically approved a certain sized duplex, landscaping area as shown on their plans. Mike was concerned with corner Jackson Street with any obstructions. Bob asked about fencing and Attorney Gay showed the ZBA plan which requires fencing, landscaped area. No one in favor or opposed.
Arthur made motion to close public input, seconded by Joshua. All in favor.
Arthur made motion to approve the Form J plan , seconded by Bob. All in favor. Hearing closes at 6:35 pm.
Special Permit – 63 Plain St. – to allow 4 family in URD. – Need to forward recommendation to Municipal Council.
Jose Camara and his daughter Sandra Camara were invited into the enclosure. She explained how they converted the garage into an apartment of which her Dad lives. They were unaware that they needed zoning approval and permits. She needs to legalize the 4 family (2 dwellings on one lot). They went to ZBA and were approved and now has to go to Municipal Council. Arthur wanted to make sure the whole site can only be sold as one. You can’t separate buildings. It was noted they cannot, if they sell they sell whole package.
Michael made motion to forward a positive recommendation to Municipal Council for a 4-family at 63 Plain Street, seconded by Manny. All in favor.
Manny Spencer excused from meeting.
SRPEDD – Planning Bd. Rep – Term from May 23, 2012 – May 31- 2013 –
Table until next month when Tony Abreau who is currently the Representative will be present.
Chairman Dermody stated there will be a public meeting on the proposed casino on Tuesday and asked the Boards’ thoughts. Manny stated personally he didn’t want to impose or influence anyone and he would leave it up to the general public to vote on June 9, 2012. Several P.B. members agreed.
Mr. Matt St. Germain came back into meeting and stated the ZBA gave him a portion of his filing fee back because it was a minor modification. He asks the Planning Board to do the same. The Board was made aware by the secretary that he paid for a minor modification which is 10% of his original filing fee. The ZBA doesn’t have that in their fee schedule so that Board voted to return a portion of his filing fee back.
Motion to adjourn meeting at 6:43 pm.
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