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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: May 1, 2008
BOARD MEMBERS: 1. Daniel Dermody, Chrmn. 5. Richard Faulkner, Clerk
2. Arthur Lopes 6. Bob Campbell, V.C.
3. Tony Abreau 7. Manuel Spencer
4. David Pimental
ADVISORS:
8. James F. Greene, City Engineer
9. Kevin Scanlon, City Planner
Roll Call: Campbell, Abreau, Spencer, Faulkner, Pimental Lopes and Dermody. Meeting opens at 5:30 PM.
Westville Village Estates – Letter from Atty. Rosa – relative to an extension of Special Permit
Chairman Dermody excused and Vice Chairman Bob Campbell chairs meeting.
Bob stated Atty. Rosa forwarded a letter, at the request of the Board, stating is reasons for requesting an extension on the Special Permit.
Arthur made motion to invite petitioners into the enclosure, seconded by Tony. All in favor.
Atty. William Rosa, Wynn & Wynn, 90 New State Highway, Raynham, Ma. and Carlos Melo, 43 Taunton Green, Taunton, Ma. Atty. Rosa stated they submitted letter upon request of the Planning Board stating the reasons why they want extension. One of the reasons is the Endangered Species Permit which has not been retained yet? They expect is to be issued within 30 days? Atty. Rosa stated another reason is the Conservation Restriction which the City Planner doesn’t agree that a reason for an extension. Kevin suggested the Board not give an indefinite extension. Bob stated we don’t’ was the developer to start up just to say he started then stop the project either. That would be unfair to the neighborhood. He realizes the housing market is down.
Bob’s main concern is telling them to start and proceed slowly which could be a very long time. There are a few neighbors waiting for sewer and it we didn’t’ allow some sort of extension the developer would have to re-file again. Bob suggested perhaps granting 1 year extension. Kevin suggests granting one year with starting up by May 2009 and all infrastructure completed by 5-12-2011. Also getting Mass. Highway Permit. Tony stated that Mass. Highway should be paving Rte 44 and that’s the time to do the sewer tie in. He stated Rte. 44 is on the fast track and they will be fixing bridge also and is expected to be completed in 2009 -2010. He also pointed out there is a 5 year moratorium on opening recent paved streets. Mr. Melo was hoping for a 2 year extension because of the market and they may need more time. He stated he will comply with whatever the Board issues. The Board discussed
extending it to 5-09 and having all infrastructure up to binder course by 5-12-2011. Also the Mass. Highway Permit should be in place by end of 2008. Atty. Rosa stated he would like the board to 2 years to commence. Kevin stated a one-year extension is more appropriate and will benefit the neighbors as they have been waiting for sewer.
Tony made motion to grant the following, seconded by Manny.
1. Extend the Special permit requiring the start of work to begin no later that May 12, 2009.
2. All infrastructure including drainage and utilities shall be completed an the driveway shall be completed to at least binder course no later than May 12, 2011.
3. Applicant must apply and receive approval from Mass. Highway Dept. by end of 2008.
Page 2 of 4 – P.B. Minutes – May 1, 2008
All in favor, Motion passes.
Public Hearing - Form J Plan – Lozinski - To divide one lot into two lots – Waiver of Frontage Requirements – for land located on Field Street known on Assessor’s Reference Property I.D. Map 16-1. A Special Permit from Taunton Planning Board – To allow a common driveway to service 3 lots.
Roll Call: Spencer, Campbell, Abreau, Lopes, Pimental, Faulkner, and Dermody present. Hearing opens at 5:45 PM. City Planner read comments from Water Dept., Conservation Commission, Bd. Of Health, and the City Planner into the record.
Bob made motion to place dept. comments on file, seconded by Dick All in favor.
Bob made motion to invite petitioner into the enclosure, seconded by Dick. All in favor.
Paul Patneaude, P.E., and Bob Taylor, representing Mr. Lozinski came into the enclosure. Paul stated they are creating 2 lots and the third lot is already there by approval of a Form A. The Special Permit is for a common driveway to service the 3 lots. The applicant has me with the City Planner and Conservation Commission and they suggested this route instead of crossing wetlands. They thought this would be the best solution. This proposal has been before the ZBA and received approval with one change. The ZBA put condition relative to the rear lot which will be conveyed to non-profit agency for preservation purposes only. Also the ZBA wanted the plans to be modified. New plans were submitted to the PB. Office indicating change. Bob stated
his is the first time the Planning Board has reviewed common driveway, it was under the jurisdiction of the ZBA until some recent zoning changes. Bob stated it’s pretty much like a roadway improvement plan in seeing what will adequately service the 3 lots. Kevin stated that the Common driveway used to be under the jurisdiction of the ZBA and they denied one and it went to court and the City lost because they didn’t explain why. Kevin stated now is under the jurisdiction of the P.B and you can treat it like a roadway improvement plan if you choose. Bob stated this is like a subdivision but the roadway will not be accepted by the City. They need to make sure there is adequate fire emergency access. Manny asked who will maintain driveway? It was answered it would be a private driveway so it’s up to the people using it, perhaps a homeowner’s association. Manny asked what is the developer’s
intentions regarding water? Mr. Taylor stated it may be too costly to put city water. He stated in the 60 acres they started with they only have 6 form A Lots. He is in discussions with the Wildlife of Duxbury and Division of Fisheries & Wildlife for the property in the rear of these lots. Bob asked if the lots have been perked? Mr. Taylor answers no not these but the other ones have and there is sandy soil. Chairman Dermody stated the last house on corner on left has City Water. Bob stated the EPA ha new standards and we try to eliminate dead ends. Bob stated the property to the rear needs to be conveyed to a non-profit Agency because we cannot crate a lot with insufficient frontage. He would recommend it either being conveyed to a non-profit agency or combine wit the land in front until such time as it can be conveyed. Mr. Taylor stated the way they work it’s going to take a long time for it to go
through. Bob stated he would never approve something creating an unbuildable lot. Mr. Taylor stated it would not be fair to hold lots until such time as the land can be conveyed to a non-profit agency. He stated the parcel is labeled “Non-Buildable”. Manny stated his main concern is having a private driveway, snow plowing, septic, and if there is enough water for fire emergencies? Kevin stated the Board has control over what they want and how they want the driveway to be constructed. It will have to be suitable for emergency access with a turnaround. This private driveway reduced the long term maintenance by the City and it has no ability for future development. He stated the Board could condition the “Form J” . It was asked how far away the nearest fire hydrant is? It was answers about 600-900 feet away.
Page 3 of 4 – P.B. Minutes – May 1, 2008
Mr. Faulkner stated he thinks the Boars has a responsibility to the people purchasing the houses to provide fire protection. Chairman Dermody agreed it’s almost impossible to put fire hydrant being approximately 900 feet away. Kevin stated they could put common driveway in on Lot 2H and if the 3rd lot is denied they can do a wetlands crossing and there is no guarantee for an emergency turnaround. Dick stated he wants to protect residents but Kevin stated they cannot add a cost so exorbitant that they cannot do it. Dick stated, in his opinion, it’s a safety issue. Bob stated we could impose conditions that we feel appropriate. Public Input: Ellen Clark Lanvender, James Lavender, Fred Clark, representing them. Mr. Clark stated he has been on the Easton
Planning Board for 11 years and is well aware of the health, safety and welfare of Taunton and it’s rules. The City Planner read Mr. Clark’s letter into the record. Mr. Clark stated when he appeared before the ZBA they didn’t allow him to speak after the applicant spoke, they closed public input. The City Planner stated the process of the P.B. Mr. Clark stated the ZBA placed 3 conditions on the approval and asked if they had been done yet? Mr. Taylor stated he will submit easement language to the Law Dept. for approval, and add notes to plans. Mr. Taylor stated there will be no vehicular traffic along the 30 foot easement because it’s wetlands. Bob stated those conditions still apply to the ZBA decision. The City Planner stated they will address those at the end, prior to pulling building permits. Bob stated in Mr. Clark’s letter he had concerns the conveyance of the back land, standard of the driveway and water
& sewer? Bob doesn’t think it’s goo idea to light the entire driveway” perhaps they could screen 128 Field St. Mr. Clark stated he saw on map of the Hawkamop swamp and the land to the rear of these lots are part of that? Opposed: Patricia Bornemann,140 Field St., stated she was concerned with fire and water pressure. Now there pressure is terrible and with more development it will worsen. She stated they use water from her pool if necessary for fire purposes. No one else appearing in favor or against.
Bob made motion to close public input, seconded by Dick. All in favor.
Bob suggesting placing some conditions on it the approval and suggested the following:
Apply SU 30 template on curve of driveway, emergency turnaround to accommodate fire apparatus. The City Planner stated they should approve Form J & Special Permit for common driveway separately.
Bob made motion to approve the Form J with the following condition:
Lot 2J to be conveyed to a non-profit agency prior to a building permit is issued for Lots 2G & 2H or it remain part of Lot 2G until such time as it can be conveyed to a non-profit agency for preservation purposes as stated as part of the hearing. Seconded by Arthur. All in favor.
Discussion continued on the special permit for the common driveway. Bob suggested having the driveway be at least 18-20 feet wide with a 16 foot pavement width, with 18” gravel with 1” binder course, 1” top course with radius at entrance. It was also suggested having a 20 foot “No Touch Zone” on the easterly side of Lot2E. At this time Paul asked if the applicant chose to go another route would these conditions apply? Bob stated no only the Form J conditions. Mr. Taylor stated the Lozinski’s have owned this property for over 60 years ago. He stated in some towns there are not water hydrants. Mr. Taylor passed out pictures of the property of 128 showing natural buffer which will stay. He didn’t think there was a need to add more trees. Bob
suggests having the driveway like that of Jeff’s Way. He suggested having 18-20 feet wide with 16 feet of pavement. He also suggested having a Homeowner’s Association.
Page 4 of 4 – P.B Minutes – May 1, 2008
Kevin stated the water issue is not the purview of the Planning Board as long as they have met the B.O.H. and Fire Dept. requirements. He stated the Board should look at the standard for safe access not utilities. Several Board members were concerned with the water and lack of fire protection? Bob suggested requesting comments from the Water Dept. and perhaps having a fire flow test conducted.
Dave made motion to continue this until next month requesting additional information from the following departments: Fire Dept., Board of Health and Water Dept. Seconded by Dick. All in favor.
SRPEDD Delegate – for the term of May 21, 2008 through May 31, 2009 – Appoint P.B.
Representative
Chairman Dermody stated SRPEED is looking for P.B. Delegate for upcoming year. Bob Campbell has been appointed in the past. Bob stated he found it to be very interested and enjoyed going. They meet about 10 times a year, usually the 4th Wednesday of the month. The meetings are open to the public but only the Designee has voting rights.
Arthur nominates David Pimental, seconded by Manny. David accepts nomination. David stated he has served on it before and really enjoyed it. All in favor of David Pimental being SRPREDD Delegate for the term of May 21, 2008 thru May 31, 2009.
City Planner Kevin Scanlon brought up some unfinished business at this time. There has been several invoices submitted from Fuss & O’Neill for Liberty & Union Industrial Park, Phase 2 for outside inspections. Kevin reminded the Board that their contract was terminated but these invoices are for work performed prior to the contract being terminated. The invoices total about $18,000 and we only have $7,500 in the escrow account. They have been notified several times by phone and by letter by the Secretary. It was noted that Taunton Development corp. is in violation on their agreement. Several Board members were disappointed to hear that TDC was not complying with their agreement. The Board has given concessions to them I the past. Kevin stated
that the Board terminated the contract and the City Engineer’s Office will carry out inspections. Kevin stated we could potentially tap into the Mylar Deposit. Kevin suggested having the TDC post the money within 15 days and not to release any lots and possibly start holding surety for future lot releases.
Arthur made motion to require the TDC to forward a check with 15 days of receipt of this letter and also to NOT release any lot until such invoices are paid. Also to re-consider requiring surety for each future lot release in this subdivision. Seconded by Manny. All in favor.
The Board stated the TDC is obligated to pay these invoices. David showed his irritation for TDC and Mr. Shafer and how the City has lost companies from coming into the park. It was noted we need to act in “good faith” on both sides.
There was some discussion about seeking the advice of the City Solicitor to see if there is any legal action we can take. It was suggested seek legal advice from the City Solicitor through the City Planner regarding this matter.
Meeting adjourned at 6:59 PM.
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