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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: February 5, 2009 PAGE NO: 1
BOARD MEMBERS: 1. Daniel P. Dermody, Chairman 5. Richard Faulkner, Clerk
2. David Pimental 6. Bob Campbell
3. Tony Abreau 7. Manuel Spencer
4. Arthur Lopes
ADVISORS:
8. Kevin Scanlon, City Planner
9. Mark Slusarz, City Engineer
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Roll Call: Faulkner, Abreau, Campbell, Lopes, Pimental, and Dermody. Meeting opens at 5::30 P.M. Also present was Kevin Scanlon, City Planner.
Arthur made motion to approve minutes of January 8, 2009 seconded by Tony. All in favor.
Cont’d. Public Hearing – Prospect Hill Preserve – Special Permit/Definitive Cluster Inclusionary Development – to allow 16 single family homes within a condo community.
Dick made motion to invite petitioner into the enclosure, seconded by Tony. All in favor. Atty. David Gay and William Buckley, Jr., P.E. from Bay Colony Group Inc., and owner Joseph Lynch was invited into the enclosure. Letters from the City Planner, Conservation Commission, Water Dept., B.O.H., were read into the record. Atty. Gay stated they have changed plans, some of the changes were the reduction of the units from 22 to 16, moved buildings, and catch basins. They are planning on taking a great portion of water currently on street and put it into their drainage system. Atty. Gay stated they met with Marsha Losciuto and looked at her low spot in her yard and the existing swale and they will also put her drainage into the new system. They have eliminated the homes that were close to her
backyard. Atty. Gay stated this is a cluster/condo project which will be privately maintained. They have received approval from Raynham to tie into sewer system and they have opted to go with private wells. They will have to comply with the DEP rules regarding wells. They are proposing to have fire tank and the only comment from the Fire Department is that the City won’t maintain it. Atty. Gay stated he spoke with Cathal O’Brien, Water Dept. in regards to the City not going over Rte. 495 to service this area. Atty. Gay stated the Homeowner’s Association will maintain the fire tanks which will be required to get insurance on units. Atty. Gay the only issue they had was the monies paid in lieu of offering the affordable units. The amount was based on the 22 units which was 2 houses at $200,000 per unit resulting in $18,181 per unit. They reduced the number of units the City Planner rounded it to 2 houses. Atty. Gay is asking they the keep it at the original amount.
Chairman Dermody asked the City Planner for his recommendation on this? Kevin answers the Board has to agree on a value per unit and he would not be opposed to lowering it a little? He did take into consideration the market and the market has dropped since then. Tony asked if they are still willing to meet with the DPW to see what can be done with the existing culvert? Bob stated the culvert needs to be addressed. Charles, 268 prospect Hill Street, stated issue is traffic during construction going down West Elm Street and Bridge Street which is
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limited. All the traffic will come down W. Elm Street and take right onto Prospect Hill Street and there is a small culvert. At one point the Police Dept. put barracades at this culvert threw some blacktop and gravel on it and the barracades were gone. His other concern is fire safety, the street isn’t wide enough for a fire truck. Opposed: Karen Bunnewith, 390 Prospect Hill Street asked if the Board members actually went out to see property? She asked about MEPA and what order to people get sewer? Atty. Gay stated they have an agreement with the Town of Raynham and the City of Taunton which was approved by the City of Taunton’s Law Dept. Resident from 264 Prospect Hill Street asked if there is enough water for all these wells? Who does the testing? Kevin answers
the wells are testing for pressure in order to certify. Her concern was also the narrowness of the roadway and safety. Joyce Ehrenzweig, 268 Prospect Hill Street, stated she was at last meeting several months ago and she wanted to know if there is adequate capacity at the treatment plant? She stated at a Council Meeting it was stated the treatment plant was at it’s capacity. She stated that some people in Raynham, Ma. are still waiting for sewer and it’s only fair they go in order. Kevin stated once they issues sewer permit they are all set. Tony stated they have an Intermunicipal Agreement with Raynham, thru the law department. Atty. Gay stated when his client first purchased the property they allocated with Raynham, Ma. for sewer service and that has been voted and ratified with Taunton & Raynham. He stated the meeting that Ms. Ehrenzweig was referring to was public money, not private money. Bob stated in the Master
Plan there is already a sewer line there it not the same as a sewer extension. Joyce asked if there is capacity? It was answered yes. Bob stated that DEP monitors it and when it gets at 80% they plan for expansion. Tony stated that’s when each house pay for their share of infiltration. Joyce pointed out there is only one way in and she was under the assumption you can only have a certain amount of houses on a cul-de-sac? Kevin stated thee is not such law in the City for that? Maybe in Raynham but not Taunton. Joyce stated she wrote letter to Municipal Council about culvert and she was told it was referred to the DPW but hasn’t heard anything. Atty. Gay stated they have to get together with the DPW and look at it. It was noted they tried several time to set up meeting but have been unsuccessful. Atty. Gay stated he and his client have viewed the culvert. Atty. Gay stated they are willing to ASSIST in
fixing culvert. Atty. Gay stated he had case in Rehoboth, Ma. before the Appeals Board – 40B project and Jerome Carr was defending the developer and he stated that the water that comes from the well actually comes from a distance away. Over 90% of the water coming from a distance. Each well will be required to have capacity & pressure. It was asked about the number of affordable unit? Atty. Gay stated they are giving a cash contribution in lieu of affordable units. Kevin Donnelly, 369 Prospect Hill Street. Opposes because of the country setting. He has small child and there will be a driveway servicing all these kind of homes. He is former Police Office and this neighborhood is no place for this size of development. Kevin stated these homes are all single family dwellings and he asks what does he mean by “this kind of homes? It was brought to his attention that these were single family homes. Mike Veloza, 408 Prospect Hill Street, asked if they could explain the
drainage again? Atty. Gay went over the proposed drainage. Atty. Gay noted the open space is owned by Rte. 495 and the rest are wetlands which have conservation restriction.
Arthur made motion to close public input, seconded by David. All in favor.
Arthur asked about the fire tank’s capacity? Mr. Buckley answers it’s a 20,000 cistern. Atty. Gay met with Captain Bastis and his only concern was they City doesn’t want to maintain it. Atty. Gay stated the homeowner’s association will maintain it. Atty. Gay stated whatever the fire department prefers they will comply. It was asked about the land in back? Atty. Gay stated that under the jurisdiction of the Natural Heritage due to the turtles. Kevin suggested taking vote on fire protection.
Bob made motion to approve Cistern design approved by the Fire Department prior to construction. Also to have pipe system (for rafting) to pond if required by the Fire Department. Seconded by Dick. All in favor.
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Bob stated that he wanted something concrete on the fixing of the culvert before he votes. Several other members agreed about the fixing of the culvert. It was suggested continuing to allow time for developer to meet the DPW.
Arthur made motion to continue until April, at Atty. Gay’s request, and to waive the time frame on which to act on this proposal. Seconded by Dave. All in favor.
Bob suggested putting the building setbacks on the plans. Kevin stated there are no lot lines because it’s a condo project. After looking at plans there is only about 20 foot front setback. Kevin said they don’t need to meet at front yard setback only a certain distance between structures. After looking it was discovered that the 50 foot requirement is not met. There is about 35 feet and it need to be 50 feet. It was suggested they need to move building or get variance from ZBA. Perhaps they could join the houses?
Continued to April 2, 2009 meeting at 5:30 PM.
Dick Faulkner excused at 6:25 PM
Public Hearing – Form J – 62 Baker Rd. East – to divide one lot into two lots - Submitted by Faria Family Realty Trust
Hearing opens at 6:30 PM. Roll Call: Dermody, Campbell, Abreau, Pimental, Lopes present. Letters from the City Planner, Water Dept., Engineer, B.O.H., Conservation Commission were read into the record and placed on file. Scott Faria, Gallagher Engineering was invited into the enclosure. He explains they are requesting to divide one lot into two lots. They have received ZBA approval several months ago. There is an existing house lot (#62 Baker Rd. East) on a lot having 11,271 sq. ft. and the new lot having 12,801 sq. ft. having frontage on Cornell Avenue and Baker Road East. Dave asked if they were tearing down existing barn on property? Scott answers this property is directly across from Cumberland farms. Several Board members were familiar with the Faria Farm property.
Bob made motion to open public input, seconded by Arthur. All in favor.
No one appearing in favor or in opposition.
Bob made motion to close public input, seconded by Tony. All in favor.
Dave made motion to approve the Form J Plan to include dept. comments, seconded by Arthur. All in favor
Roadway Improvement Plan – E. Water Street Extension – submitted by Kevin Braga – proposal is to pave the existing gravel base for a total pavement width of 20 feet (approx. 287 feet in length)
Paul Patneaude, P.E., Earth Services Corp. was invited into the enclosure. Letters were read from City Planner, Water Dept (amended letter) Conservation Commission, City Engineer were read into the record and placed on file. Mr. Patneaude stated he is representing Kevin Braga & Jennifer Kelley who wish to do improvement to build house. Paul stated that Mark Braga did a Roadway Improvement Plan a few years ago and now they wish to pave the existing gravel part of that roadway improvement. During that process the pavement width was only 9 feet wide (per cons. Comm.) and the rest was gravel base. They also put a 6 inch water and 8 inch sewer line in. Bob asked if the exiting lot is one lot? Bob asked if this lot was subject to the River Protections Act because it’s within 200
feet from the river? Paul stated no, they are subject to 100 ‘ buffer but they can build within the other “100 feet”. Bob thought if lot was created after the River’s Protection Act they would not b e ale to build? Paul stated the intent is to build within the 2nd half of the lot. Paul stated the petitioner’s Kevin Braga & Jennifer Kelley want to build single family house and not Jennfer’s mother is considering building house too resulting in two lots.
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No one appearing in favor or in opposition.
Bob made motion to approve Roadway Improvement Plan to service the existing homes plus the two proposed single family house lot only on the Easterly side of East Water Street only.
Seconded by Dave. All in favor. Hearing closes at 6:40 PM.
Motion to adjourn meeting at 6:40 PM
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