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12-6-12 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:  December 6, 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, Ritz, Spencer, Abreau, Campbell, Lopes, and Dermody present. Meeting opens at 5:30 PM.   Also present was City Engineer Mark Slusarz.   

Chairman Dermody had a moment of silence for Kenneth Perry of M. Perry Construction who passed away Tuesday night.  He was the developer of Ashleigh Estates and was well known in the community.   

Josh made motion to accept minutes of November 1, 2012 seconded by Mike.  All in favor.

Public Hearing – Repetitive Petition – 815 Middleboro Ave. – to be allowed to return to ZBA after denial – Wm. Frenette – new proposal: 1 lot into 5 lots, change location of 8 foot fence.
Clerk Spencer read department comments from B.O.H., City Planner, and Airport Commission.  
Bob made motion to table letter from Airport Commission, which is more for the ZBA.  Seconded by Arthur.
Atty. Mike Strojny representing Mr. Frenette states he is here tonight for a Repetitive Petition.   Atty. Strojny gave background on this property and how the City and Airport came to an agreement.  They went to ZBA and was denied and now they reduced the number of lots from 7 to 5 lots and moved the fence.  Atty. Strojny stated he was informed the FAA is not accepting applications from the Airport Commission because of this.  Atty. Strojny stated the hardship was created way back when and now they are trying to resolve it.  He stated this is the reason the ZBA was created for cases like this.  This property has substantial lot area but limited frontage.  Manny asked about fence and was it a part of the judgment?  Atty. Strojny stated no but it’s part of the Memo of Understanding between the Airport and his client.  Atty. Strojny stated the airport gave property along Westcoat Drive.  Manny stated he drove by and saw a couple of houses but the “roadway” is very narrow and overgrown.  City Engineer stated 24 feet wide is wide enough for 2 lane traffic but he would like to see 40 foot ROW.  Manny stated he likes to stay away from common driveway. Chairman Dermody stated he spoke to City Planner and due to the frontage it can only be a private road.  Bill Manganiello, Airport  Commission stated that Westcoat Drive is a driveway contained wholly by the Airport for access.  The FAA will not give up any more land to ensure secure access. Manny asked about 3 lots? Atty. Strojny stated 3 lots would not be financially feasible.   Manny stated they, the P.B. has to determine if there is a big enough change to send back to ZBA.    
Bob made motion to open public input, seconded by Josh. All in favor.
Diane Medas, 817 Middleboro Avenue, stated she is confused. She wants paved road/driveway access for her house.  She was under the impression they were going to pave the old lane and cut down some trees.  Mark stated that he would prefer a real road but he can’t overrule FAA.  She is in agreement with the proposal because she will have trees cut and roadway paved. Atty. Strojny stated she agreed to that.  
Josh made motion to close public input, seconded by Mike. All in favor.
Manny stated their role is to find a substantial change and he doesn’t believe there is one.  He agrees with the City Engineer.
Bob made motion to find the reduction of 7 lots 50 5 lots with the moving of the fence is a substantial change, seconded by Josh.

Vote: Borden, Campbell, Ritz, Dermody, Abreau….In favor.
Spencer and Lopes Opposed.
Motion passes.   Repetitive approved. Hearing closes at 6:03 pm.

Petition for Street Acceptance -  Archer Circle – Need to send recommendation to Municipal Council
City Engineer was contacted by a resident to get the street accepted. He provided legal description and plans to Council for public hearing.  He took look at roadway and said it’s not in great shape but the plans do have 2 bounds are curve points, which is adequate to re-establish if necessary.  The road will require work in near future.  Manny asked if the developer could be held responsible.  It was done in 1975 and the developer R&C Realty Trust is no longer in existence.  Mark stated this will help with Chapter 90 monies.   Bob stated there is no one left to do anything.  This road has been there for a long time and it’s not in terrible condition.  Tony stated there is 6 homes and this will allow chapter 90 monies for paving right away.  Manny stated the fact that the developer didn’t finish bothers him. Bob stated that why we now have the Outside Inspections and it work well now.  
Josh made motion to forward a positive recommendation to accept Archer Circle has a public way in the City, seconded by Tony. All in favor.


River Pines - Lot Release – Lot 12 – holding 5 lots & $55,200
Letter from City Planner recommending release of Lot 12 upon receipt of $6,900.00
Josh made motion to release lot 12 upon receipt of $6,900 of surety, seconded by Arthur. All in favor.


Ashleigh Estates II – Request for lot Release –Lot 24 – holding $81,000 plus 5 lots
Letter from City Planner recommending release of lot 24 with NO additional surety at this time.
Josh made motion to release lot 12 with no increase in surety. Seconded by Mike, all in favor.

Meeting adjourned at 6:15 pm


Next meeting is January 3, 2013 at 5:30 PM