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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: May 6, 2010
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. Alan Medeiros
ADVISORS:
8. Mark Slusarz, City Engineer
9. Kevin Scanlon, City Planner
Roll Call: Spencer, Lopes, Abreau, Faulkner, Medeiros, and Dermody present. Also present was City Engineer Mark Slusarz. Meeting opens at 5:30 PM.
Alan made motion to accept April 1, 2010 minutes, seconded by Manny. All in favor.
Letter from City Engineer – relative to street acceptance procedure.
The City Engineer stated he wanted to clarify the street acceptance process. The Council has to vote to accept and they always ask the P.B. for their approval. He recommends the P.B. & he gives joint recommendations to the Council for approval. He stated he sent the Duffy Drive street acceptance to the Council and it was kicked back for P.B. approval and it’s become a cummerson process. He wishes to bring street acceptance to the PB. First and jointly send a recommendation to the Council.
Alan made motion to place the City Engineer’s letter on file, seconded by Tony. All in favor.
Manny asked if Mark has set criteria for this and follow thru with it? Mark states that once accepted by the City then the road will be maintained & plowed by the DPW. The City is now responsible. Manny asked what part is being taken care of by the City. Mark stated that the City is already plowing and crack sealing some of these streets. Mark stated if we accept all these older streets it will help our Chapter 90 monies. Manny stated that these streets should have been completed by developers. Mark stated that these are older streets, some prior to subdivision control law and there are either no developers around anymore. Dick asked if we have policy we should stick to it. He stated the P.B. usually forwards their recommendation to the
Council. Manny stated the roads are currently maintained by the DPW ? Dick stated yes probably because these people are paying taxes. Mark stated a lot of these streets are pre 1944. Manny stated if the street has light poles then legally they are public streets? Manny just wanted the developer to be responsible for fixing the streets, not the City. Tony stated that there are more street not accepted than accepted. There are about 500 streets that are unaccepted and will not meet the current criteria in regards to layout and width. Manny would like to see a list of streets from the City Engineer with a description of the ‘fast track” street they wish to get accepted. Manny stated he wanted that prior to summer meeting. Mark stated he could get that to them.
Conway Estates – Requesting to release lots – holding $23,000 and 6 lots.
Request is to release all but one lot. Letter from the City Planner was read into the record recommending release of lots upon receipt of $11,500 per lot.
Brian Conway, 154 School St., Rehoboth, Ma was invited into the enclosure. He stated he wants all but 1 lot released at this time.
Manny made motion to release Lots 3, 5, 7 and 8 upon receipt of $11,500 per lot. Seconded by Tony. All in favor.
Court Land Estates – now Meadow Land Estates – Request is to release all lots under original covenant and rescind covenant dates 8-21-06.
Atty. Gay was invited into the enclosure. He explained that a few months ago the Board approved a Cluster Development on this property which was the former Court Land Estates. Atty. Gay stated there was a covenant filed under Court Land Estates and they need to rescind/release that for closing purposes. There has been a new covenant by Yvon Nadeau and he gave a coy to the P.B.
Dick made motion to rescind the covenant and sign the lot release, seconded by Tony. All in favor.
Public Hearing – Repetitive Petition – 406 Tremont Street – Preston Hathaway – to allow the petitioner to re-appear the ZBA – The change is from storage of trucks & equipment to a welding company with some snow removal.
Hearing opens at 5:45 PM. Roll Call: Spencer, Abreau, Lopes, Medeiros, Faulkner, and Dermody present. Chairman Dermody read the public hearing notice and letters from Fire Dept., Water Dept., Conservation Commission, B.O.H., and City Planner.
Alan made motion to place dept. comments on filed, seconded by Tony. All in favor.
Atty. Matthew Costa & Atty. David Gay were invited into the enclosure. Also invited was owner Preston Hathaway and Keith Gunnerson, 72 Worcester St., Taunton, Ma.
Atty. Gay stated that this property was before the ZBA for a modification to a pre-existing non-conforming use with a Variance which was received in 1973. The modification was to allow an asphalt company with a number of trucks. The neighbors weren’t very happy with the change and the Board denied the request. Atty. Gay stated the previous gentleman was very honest in saying what his business consisted of. Atty. Costa stated in Case #2992 held in December 2009 the request was for 8 trucks to be allowed on the premises for a paving company. By law if the ZBA denies a variance then you have to wait 2 years to return or file a Repetitive Petition before the PB. And they have to decide if the change is substantial enough to allow you to return to the ZBA. Atty. Costa stated currently
Mr. Gunnerson operates a welding business with some snow removal out of 518 Tremont Street property, about ¾ of a mile up from this location. He has 3 trucks and the old variance was for 2 trucks with associated 3quipment. But during the testimony at the ZBA hearing Mr. Hathaway admitted there have been several more trucks there. The old variance in 1973 was very vague as to what you could have but it did stipulate 2 trucks. Mr. Gunnerson stated he is a sole proprietor and he business could be that of welding railings to heavy equipment. He stated he runs 3 trucks for the State/Town for plowing. It was has how many employees he has? Mr. Gunnerson answers none, sold proprietor. Manny asked Mr. Hathaway in 2009 he was asking for storage of 8 trucks but he admitted he had more on the property. Mr. Hathaway answers yes he had 2 trucks and thru the years he has he would have between 3 trucks or up at 20 trucks when
business was good. Atty. Gay stated the variance in 1973 was actually for the garage and he indicated what he was doing. The business was already there. Mr. Hathaway wishes to sell his business and had buyer in 2009, Mr. Ferreira but it was more of an intense use that what was there. Mr. Ferreira was very honest to the Board and the neighbors. Arthur asked hours of operation? Mr. Gunnerson answers 6:00 AM – 7:00 PM Saturday half day. Pulbic input. No one appearing in favor or opposed.
Tony made motion to close public input, seconded by Arthur. All in favor.
Manny stated he sympathizes with Mr. Hathaway because he wishes to retire and sell property but he cannot vote to this change. He doesn’t want to approve a change that will results in more activity. Atty. Gay stated it’s up the ZBA to determine that and this hearing is only to let the petitioner go back to the ZBA. Alan stated, in his opinion, he thinks its definitely a substantial change from storage of trucks to welding business.
Alan made motion to find that there was a substantial change and allow the petitioner to re-appear before the ZBA. Seconded by Arthur. All in favor except M.S. voting in opposition. Motion passed. Hearing closes at 6:02 PM.
Special Permit-Site Plan Review – for the construction of a 48 unit rental development on a parcel containing 12.58 acres located on Whittenton Street (the former Rose Gardens condo unit development) Need to forward a recommendation to the Municipal Council.
Dean Harris, Exec. Director of Weir Corp. was invited into the enclosure. Alan Medeiros recused himself from this project.
Mr. Harris explains the Weir Corp. is co-developing this with Ronald Medeiros. They are providing technical assistance and are doing all the permitting, financing and management. This property was originally approved for a 26 unit condo unit knows as Rose Gardens but was never built. The new proposal is for 2 buildings garden style totaling 48 rental units, each will have 2 Bedrooms, 1 Bath and will house up to 4 persons who earn 60% of the area medium income (moderate income) Mr. Harris explained the rent will be $981 per unit and hold up to 4 people and they are responsible for the whole rent, no subsidiary. He stated this is under the tax credit program. Manny asked where this was? It was stated this is across from Tremblay Movers, Cabbage Hill. Chairman Dermody
asked if there is a demand for the rental units? Mr. Harris states yes, since the condo market has declined they did study and it showed a great demand for rentals. He stated these will consists of a better product than the typical 3 tenant houses. He stated the project on Weir Street is 100% occupied. The Weir Corp. did one in Middleboro with 36 units and that’s fully occupied too. It was asked how soon to they expect to start? Mr. Harris answers if they get financing in September and approval in February they will break ground in June, 2011. Tony asked what the Weir Corp. would be doing, managing? Mr. Harris stated they hire Peobody Properties to manage the complex. They currently manage apartment complex on Rte. 140, Taunton. Dick asked what that consisted of? Mr. Harris answers they do all the managing and they oversee the contracts. Mr. Faulkner asked if they would look more like an apartment
complex or condo complex? Mr. Harris answers more like a condo complex. They will have nice shingle siding, architectural shingles, better quality flooring & carpets. There will be washer & dryer in all units. Each unit will be different color. Mr. Faulkner asked if it can be sold as market rate. Mr. Harris answers no it will be affordable in perpuity. He stated they get low interest loan and if they were forced to pay it all back it’s not feasible. Manny asked what complex was he referring to in Middleoboro, Ma? Mr. Harris stated he was talking about Residents of the Grove, across from Peaceful Meadows Ice Cream Shop. That has condos on one side and rentals on other side.
Manny made motion to forward a positive recommendation to the Municipal Council, Seconded by Arthur. All in favor.
SUMMER SCHEDULE
The Board discussed the summer schedule. Discussion took place whether to have July meeting on July 15, 22 or 29th.
The Board voted to re-schedule their July 1st meeting to July 22nd. And no August meeting.
Meeting adjourned at 6:30 PM
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