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10-4-12 mins.
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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:  October 4, 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, Ritz, Spencer, Abreau, Lopes and Dermody present. Meeting opens at 5:30 PM.   Also present was City Planner Kevin Scanlon and City Engineer Mark Slusarz.    Campbell present at 5:38 PM

Harvey Hills Estates – E-5 – Release of Last lot – holding $50,000
The City Planner stated we are holding $50,000 plus last lot.  He recommends, based on outside consultant’s estimate, release last lot upon receipt of $200,00.  He states this is because this is the last lot and the P.B. policy is to hold double the completion cost.  He stated the more completed less money they would have to post.  Mark Hampsten, rep. TLC, stated he would ask the Board to allow a bond in the amount of $250,00 and return the $50,000 they already posted.   Manny asked the City Engineer and he stated there a quite a few items that need to be done.  Mr. Hampsten stated if they got money returned they could spend on completing some items.  He stated they do having scheduled closing on April 13, 2013 for last lot. He stated a financial burden to get cash and wants to post bond. City Planner informed the Board it’s their policy to post cash but it’s up to the Board, in the rules & regs. it stated either.  But he reminded them again that they usually require cashbook.   He stated Lopes is here to stay and have every intention on finishing subdivision.   Bob Campbell present at this time (5:38 PM)     Tony stated the outside consultant’s estimate was $125,000  and Lopes was $80,000.  Manny stated he would be a lot more cautious and wants to ensure the work gets done.  Kevin suggested getting more work done which will bring cost down.     Mark again asked the Board to consider Bond.   Several Board members agreed they would not return the $50,000.  Mark stated they would bond for 3 years. Kevin stated bond would have to be reviewed by Law Dept. and Treasurer.   
Tony made motion to release Lot last lot and allow $200,000 bond in lieu of cash, seconded by Bob.
Borden, Spencer, voted No.    Motion passed to Release last lot and accept bond.

Ashleigh Estates – Release of Lot #30, holding $81,000 plus 6 lots.-
Request is for the Release of Lot 30, City Planner read his letter recommending release with no additional surety required. Steve Perry representing his father, Ken Perry, was invited into the enclosure.
Tony made motion to release lot 30 with no surety required, seconded by Josh.  All in favor.

Prospect Hill Preserve -  Request to release Lot #6 (holding $40,858.00 plus 6 lots )
Mr. Joseph Lynch was invited into the enclosure. City Planner Kevin Scanlon stated there was some work done without the outside consultant being notified.  He spoke to Mr. Lynch and recommend the Board release the lot upon receipt of acceptable core testing .  Mr.Lynch stated it was an oversight by his contractor and he is in agreement with having core testing done.   
Bob made motion to release lot #6 upon receipt of favorable core testing results. Seconded by Josh. All in favor.

Manny states this bothers him that the work was done without being inspected. Kevin stated yes he knows but they are working together to remedy it.

Special Permit – 35 Mozzone Blvd., - Wastewater Treatment Plan – proposal is for a 59’ x 33’ wastewater storage tank to the existing treatment facility.   Need to forward recommendation to Council.
Atty. David Gay was invited into the enclosure.  City Planner read letters from B.O.H., Conservation Commission and himself which were placed on file.  Chairman Dermody asked about the chain link fencing and they said they would put up a 6 foot and remove plus & minuses on plans.  Manny asked if they was going to replace old tank?   There was a second tank installed in 1996/.  Arthur asked if this will be insulated?  It was stated the glass is fused which never needs painting so there is no need to insulate it.  Josh asked if this was the same site as old tank and it was answers almost.  
Manny made motion to forward positive recommendation to the Council including department comments. Seconded by Arthur. All in favor .

Public Hearing – Propose Zoning Map Amendment – To re-zone properties currently located in the Urban Residential District to Highway Business District – for properties 116 & 122 Winter St., and property I.D. 48-49- Winter St.  and Property I.D. 56-2 (Longmeadow Rd.)  submitted by Peter Thomas & JLJ, LLC.
Roll Call:  Borden, Campbell, Abreau, Lopes, Ritz, Spencer and Dermody present. Hearing opens at 6:03 pm.  Clerk Spencer read the public hearing notice.  Atty. David Gay was invited into the enclosure.  He states this is 2 pieces on the north side of Winter Street (next to old Gallego Oil) and the submits petition in favor.   They are just extending the Highway Business District up the road.   
Josh made motion to open public input, seconded by Manny. All in favor.
No one in favor or opposed.  
Josh made motion to close public input, seconded by Arthur. All in favor.
Motion made and seconded to forward a Positive Recommendation to the Municipal Council on the zoning amendment. All in favor.    Hearing closes at 6:05 pm.

Preliminary Subdivision – “Myles Standish Industrial Park – Phase IV Expansion -  Roadway Segment
“B” - to create 6 lots , submitted by TDC & MassDevelopment
Letters from the B.O.H., City Engineer, City Planner and Conservation Commission were read into the record and placed on file.
Ken Motta, Project Engineer, David Biancazilla, BSC Group, Russ Burke, BSC Group and Alan Delaney and Mike Mitchell, MassDevelopment were invited into the enclosure.
They stated this is the 2nd phase of Myles Standish Industrial Park Phase IV, the first phase was John Colton Drive which is under construction.   This second road will have 5 lots and one unbuildable lot.  The proposed roadway is over 1,173 feet.  Lot 7,8,9 and 10 will have frontage on roadway and they are proposing sidewalk on one side (per their MEPA filing)  Water & sewer will be available.  They appeared before the Conservation Commission for ANRAD and will appear Monday for approval.  They will meet all stormwater requirements.  Ken stated they have drawn Colton Drive after research with City Clerk’s Office  records and has depicted by City Council and adopted as such.    They will establish a layout at some later phase.  Bob asked about the intersection and it’s not our practice to create unbuildable lots.  He suggests exploring adding to other lot or they can include as part of their layout.  Bob stated the existing building isn’t shown on plans and it looks like part of parking lot is on other property.  Ken stated yes there is an encroachment and will show on Definitive plans.  

Tony made motion to approve the preliminary subdivision including all department comments and granting waiver for (INSPECTIONS) development aspects.  Seconded by Arthur. All in favor.
MassDevelopment informed the Board they will be advertising next week and removing burned structure  and hoping  to move forward by end of January.  

Letter from BSC Group – on behalf of TDC/MassDev. – requesting waiver of filing fees for Definitive Subdivision – Myles Standish Ind. Pk – Phase IV, Expan. Roadway Segment “B”.   
City Planner Kevin Scanlon recommends approving waiver and reducing mylar fee.  
Josh made motion to grant the requested waivers (as in City Planner’s letter) Seconded by Tony. All in favor.

Myles Standish Ind. Park Phase IV Expansion - Notification of Field Change  - submitted by Field Eng. – modification to underground utility alignment – TMLP & Comcast.
The Board voted to accept field change as presented.   

Communication from The Commonwealth of Mass – MEMA – relative to potential hazard mitigation grant application.
Place on file.

Manny brought up  Prince Henry Drive in the Myles Standish Industrial Park.  He took ride through park and noticed street is wavy and he did checked with city officials and found out there are no plans showing infrastructure (water& sewer) He is very disturbed by this.  He found out there are a lot of roadway in park not accepted but are being plowed by City.   Kevin stated that is why they implemented the Outside Consultants which works wells.  But the streets he’s talking about were developed before that.  Tony stated there are a lot of roads out there we had to accept for Chapter 90 monies.   He stated there was a list of street the DPW wanted accepted to be eligible for Chapter 90 monies.    Manny asked if they received As-Builts these streets.  Tony stated he asked TDC for them about 3-4 month ago and have not received them. Bob stated Tibbetts Engineering submitted some plans (back when he was City Engineer)   Bob suggests putting the TDC on notice the Board isn’t going to act favorable on future road acceptances until we get plans for roads.  He stated when they get to the final phase the acceptance won’t be there by Board until we have plans.    
Arthur made motion to send letter to TDC informing the TDC, that prior to the Board acting favorable on a street acceptance petition, As-Buiilts showing the infrastructure will be required for each street and all easements, and other instruments recorded at the Reg. of Deeds regarding water, sewer, drainage, private utilities and electricity including private lots abutting said street.  Seconded by Josh.  All in favor.

Tony brought up the medical building on corner of Bay Street and Industrial Park road and in their approval they were going to re-strip street. He stated the DPW is scheduled to re-strip in that area.  He wanted to know if they have done it or if the City does it they want to be reimbursed.   

Manny brought up the 25 acres of recreation land that was to be set aside for recreation purposes and wanted to know if it has been done and recorded.   
Manny motion to sent letter to TDC asking/requesting proof of recording, seconded by Bob.   All in favor.

Manny requests an updated list of all unaccepted streets in the Industrial park from the City Engineer.  Mark stated he will forward all the streets.  

Meeting adjourned at 6:42 PM