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8-28-14 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: August 28, 2014
                                                                                      
BOARD MEMBERS:       Daniel Dermody, Chrmn.         Anthony Abreau
                                           Bob Campbell V.C.                 Arthur Lopes
                                          Manuel Spencer, Clerk            Joshua Borden                        
                                           John Reardon  

 ADVISORS:                    Mark Slusarz, City Engineer
                                         Kevin Scanlon, City Planner
 __________________________________________________________________________
Roll Call:  Reardon, Abreau, Spencer, Lopes, Borden, and Dermody present.  Also present was City Engineer Mark Slusarz.   

Meeting opens at 5:31 PM      Bob Campbell present at 5:33 PM   

Josh made motion to accept minutes of July 17, 2014, seconded by Manny. All in favor.
Site Plan Review – Modification -  1094 Bay Street – Modification of an existing site plan review resulting in 18 additional parking spaces. – Home Plate Properties LLC
Rob Anderson, 38 Robert St., was invited into the enclosure.  Clerk Spencer read the DIRB comments into the record and placed on file. Mr. Anderson stated he agrees with the DIRB comments except for one.  He moved one of the handicapped parking spaces from building next to sign to have better traffic flow.  City Engineer stated that was ok.  Josh asked if he was adding any impervious area and he answers no.  City Engineer stated he’s not adding any now but the back area was paved and was not part of the original design.  Bob asked about the take out spaces?    Mr. Anderson stated he was thinking of putting them in the angular parking spaces in front.  Bob agrees.   
Josh made motion to open public input, seconded by tony. All in favor.   No one in favor or opposed.  
Josh made motion to close public input, seconded by Tony. All in favor.
Josh made motion, seconded by Tony  to approve the Site Plan Review to include the following DIRB conditions:

Condition #1) That the plans dated April 8, 2014 and revised through August 27, 2014 shall govern with the following additional conditions:
Condition #2)  A Set up updated plans shall be submitted that conforms to all of the requirements of this decision before any building permits will be issued. Two sets are required.
Condition #3)  The one way circulation pattern shall be eliminated.
Condition #4)  The site shall be kept clean and clear of debris.
Condition #5)  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 utilizes as-builts.

Condition #6) The drainage plan for the newly paved area shall be approved by the City Engineer prior to building permits.
Condition #7) A filing is required with the Conservation Commission.
All in Favor.

Cont’d  Public Hearing – Form J Plan – 74 Linden St. -  Waiver of Frontage Requirements -To divide one lot into 3 lots –  submitted by  Brownstone Realty Group LLC
Roll Call:  Borden, Abreau, Lopes, Reardon, Spencer and Dermody.   Hearing opens at 5: 45 PM
Christopher Coute, 108 Field St., Taunton, Ma and Stevie Carvalho, Thompson Farland P.E., was invited into the enclosure. Stevie stated they separated water service for each lot and will have sewer easement.   They are proposing a manhole and easements to sewer main.  They are maintaining the common driveway.  Chris stated based on the current easement and location of the house they don’t think separate driveways are feasible.  There is a pool and trees right along the existing easement.  Manny stated they specifically asked for plans showing separate driveways.  Chris stated the neighbor wasn’t agreeable to having driveway on easement.  Plus the property drops off and there would be more construction needed.    They said they were trying to maintain the intent of the by law in regards to common driveway. Manny stated the Board had specific reasons why  they wanted separate driveways.  Josh met with them and after looking at property as much as he would like to see 2 driveways, it would be a lot more intrusive and detracts from what is there now.  There is a nice row of trees between house and the pool is very close.  Unfortunately he thinks it would be better to have common driveway in this proposal.  Manny asked who maintain the driveway and what happens in future if buyer in back doesn’t want to maintain?  Chris stated it’s impossible to try and eliminate all future conflicts.  Arthur asked if this a single family and he answered yes.  Bob stated he lives on common driveway and he had issues with prior neighbor but now it’s ok.   He stated they have to looks at it as being access for 2 lots.   Tony wants sewer and water separate, right now it only shows water separate with sewer easement and he won’t vote for that.   Stevie stated they can separate them.  Several Board members wanted the deed to have that both lots are responsible for maintenance of driveway.    Manny asked if it would be blacktopped and they answer yes. John asked if the pool was above ground or in ground.  Manny stated both could have 20 foot wide driveway.  Stevie stated there is no turnaround on lot.  John and Manny both agreed it should be 2 separate driveways.   Chris stated that would result in 3 driveways in a row along this property.   Manny stated his concern was safety.  Chris stated according to the by law for common driveways this is the ideal project for it.    

Tony made motion to approve the Form J with the following conditions:

  • Both lots MUST have their own utilities and utility easements.
  • Both lots shall be responsible for the maintenance of the common driveway and both deeds shall have  notation as such.   
Vote :  4 members in favor, 2 opposed (Spencer & Reardon) 1 excused. (Campbell due to him not being present last meeting)  Vote passed.

Letter from Law Dept. – relative to Mylar deposit – Court Company – Courtland Estates now Meadow Land Estates -  
Placed on file.

Ashleigh Estates – Update of completion – letter from applicant – due to schedule change  cannot attend meeting -
Clerk Spencer read letter from developer stating due to change of meeting he cannot attend this evening.  
Manny made motion to send letter to developer inviting him to next meeting for update. Seconded by Josh. All in favor.  Discussion took place relative to City Engineer going out to inspect and come up with punch list.  Mark said there are issues out there.   There was much discussion on why there roads are not accepted yet.  Mark stated we don’t want to accept in current condition.  There also could be some encroachment issues with regards to stone walls being construction too close to sidewalks.   If that is the case you either have to move stone wall or remove sidewalk, it would be easier to remove sidewalk.  
Manny made motion to have the City Engineer go out and conduct inspection and come up with punch list. Seconded by Arthur. All in Favor.     
Josh made motion to invite developer back in November to have existing conditions plans done showing all encroachments, seconded by Arthur. All in favor.
There was some discussion as to why the City plows these streets if they are not accepted streets. Tony stated way back they did it for safety and now they don’t unless street is accepted.      It was noted if unaccepted street all the homeowners owns to the centerline but cannot block access.   

Josh made motion to have the City Planner supply them with a list of current subdivisions, to include street name and developer.  Seconded by Manny. All in favor.

Manny said last month they requested an update on Winthrop Heights.  The secretary informed them she has not received any update.
Many made motion to invite Mr. Feodoroff to next meeting for update, seconded by Josh.  All in favor.

Trimount Avenue – Roadway Improvement Plan -  Completion – requesting release of Mylar Deposit
Dept. comments from the Conservation Commission and Water Dept.   Mark stated he’s all set with the AS-Built.   He stated there is still some debris (pile of stone) and it could be a little smoother but it’s a huge  improvement.  
Tony made motion to return the mylar deposit, seconded by Manny . All in favor.

Letter from resident of Sabbatia landing – relative to when amenities will be completed.
Placed on file.

Update on 342 Winthrop Street – Matt St. Germain – requesting an 2-year extension -
Letter from John DeSousa on behalf of Matt.St. Germain asking for an extension on the Site Plan Review and stating the Mass Highway does not want sidewalk.  Discussion took place on whether or not this approval falls within the Permit Extension Act of 2010.   Bob stated that, in his opinion, the project has started with him clearing the land and if he continues then he would not need extension.    The City Planner’s letter stated you cannot ask for an extension.  
Motion was to ask the City Planner if this approval falls within the tolling period for the Permit Extension Act of 2010.

John wanted to have the petitioners face the Board members.  
 
Manny excused at 6:50 pm.

34 ½ Briggs Street – Update on completion -
Kevin Wells, 840 Norton Avenue , Taunton, Ma. was invited into the enclosure.   Kevin stated they did the top coat for the driveway only.  They filled holes and will complete when last house goes in.  He is trying to get natural gas.  The Board asked if the homeowners want it and he said yes 2 do.  He has attempted on getting in touch with neighbor about wall but has not been successful.  He doesn’t own the wall but will address the part that has fallen over.    John asked about the entrance from Briggs Street.  He needs to do other items in the approval.   Kevin said he sent letter to Fire Dept. having the whole drive designated as a “Fire lane”  so no one will park there.   They are constantly parking in the driveway and if it’s a fire lane the police can enforce No parking.   Kevin asked if he wanted to move the dumpster does he have to come back?    Bob stated yes that would be minor modification and if he includes letter from dumpster company.  Kevin just wanted to make it easy for dumpster truck.   It was noted the Association would have to be in agreement.

Meeting adjourned at 6:56 pm.