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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: July 17, 2008 PAGE NO: 1
BOARD MEMBERS: 1. Daniel Dermody, Chrmn. 5. Richard Faulkner, Clerk
2. Bob Campbell 6. Arthur Lopes
3. Manuel Spencer 7. David Pimental
4. Tony Abreau
ADVISORS:
8. Kevin Scanlon, City Planner
9. James Greene, City Engineer
Roll Call: Faulkner, Dermody, Lopes, Abreau, Campbell, Lopes. Spencer present at 5:34 PM. Also present was City Engineer James Greene.
Meeting opens at 5:35 PM
Dick made motion to accept minutes of June 5, 2008 seconded by Arthur. All in favor.
Lagoon Landing – located off Baker Road East - E-5 Circulated – Request to release last lot & all monies. Holding Lot 11 with $10,000. ($24,000 mylar deposit) Yvon Nadeau
Clerk Faulkner read letter from Field Engineering, outside consultant. Clerk Faulkner read comments from the City Planner, Water Dept., Fire Dept., Conservation Commission, and B.O.H. which were placed on file.
There were only 2 minor outstanding issues in Field Engineering letter. Scott Faria, P.E., Gallagher Engineering was invited into the enclosure. He stated there are 2 manholes that is partially on the sidewalk and on grass. They will locate them and fix them. City Engineer asked about the swing ties, and if they could put them on for the sewer? Scott answers yes. They put them on for the water.
Bob made motion to approve the release of all surety, lots & & mylar deposit upon completion of the 2 outstanding issues upon satisfaction of the City Engineer. Seconded by Arthur. All in favor.
Bob made motion to forward a positive recommendation for Blake Street for street acceptance to the Municipal Council, seconded by Arthur. All in favor.
Public Hearing – Form J Plan – 22 Marvel St – Darling – to split on lot into 2 lots – Waiver of frontage requirement – See ZBA Case # 2921
Roll Call: Faulkner, Spencer, Campbell, Lopes, Abreau, Dermody and Faulkner. Hearing opens at 5:42 PM. Clerk Faulkner read department comments from the City Planner, B.O.H., Water Dept. and Conservation Commission which were made part of the record. Atty. David Gay and Bonnie Darling were invited into the enclosure. Atty. Gay stated this property has an existing single family home and the petitioner appeared before the ZBA for permission to split. Atty. Gay stated he will check with the Water Dept. relative to their letter in regard to tying into city water. Atty. Gay stated each lot exceeds the lot area, dry area and need frontage variance. The ZBA decision was recorded 3 days ago. The existing house is located close to the right side of the property leaving plenty of
room for another house. Atty. Gay was requesting a waiver of the Mass. State Plane Coordinate System. The petitioner is a single parent and the sale of this lot will help pay fund son’s college education. Atty. Gay stated they are not changing the outer lot lines, just creating new
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line down the middle to split one lot into two. Atty. Gay stated the petitioner does actually have a buyer in today’s market. Dick asked if she purchased house knowing it was only one lot. Ms. Darling answers the house was purchased 15-16 years ago and she lives there now. The previous owners merged the lots with a little piece and now it has merged into one legal description. Mr. Faulkner asked the City Engineer if he ha any concerns. City Engineer states he has no problem with this. No one appearing in favor or opposition to petition.
Bob made motion to close public input, seconded by Dick. All in favor.
Dick made motion to approve the Form J Plan for 22 Marvel St., Seconded by Arthur. All in favor.
Mr. Faulker, at this time stated he would not support waiving the Mass. State Plane Coordinate System. He stated it’s a Planning Board requirement and should be complied with. He asked how many has the Board waived? The City Engineer stated the P.B. waived it for the City of Taunton‘s property that was going up for sale. Bob stated, he understand, being a father of a single parent and states the Board has the ability to waive it.
Bob made motion to waive the Mass. State Plan Coordinate System for 22 Marvel St. – Form J – Seconded by Manny. 5 members in favor, 1 member opposed, 1 member absent. Motion passes.
Bob made Motion to revert out of the regular order of business, seconded by Dick. All in favor.
Liberty & Union Ind. Park – Release of Lot #11 – holding 5 lots with 0 surety -
Atty. Ed Roster was invited into the enclosure representing Taunton Development Corp. Atty. Roster stated they are requesting the release of Lot 11 for Compurex. They plan on re-locating their business from Stoughton to Taunton. The property is on O’Connell Way in the Liberty & Union Industrial Park - Phase 21. Atty. Roster stated 87.5% of the work is done. Some of the roadway and utilities are in. The City Engineer stated he was out there 1 ½ week ago and the roadway is suitable for access. Bob asked if the issues with the outstanding invoices for outside consultant all set? Atty. Roster stated that’s all been taken care of.
Bob made motion to release lot #11, seconded by Manny. All in favor.
Dick made motion to go back into the regular order of business, seconded by Arthur. All in favor.
Public Hearing – Special Permit/Definitive Cluster Inclusionary – Prospect Hill Preserve – 22 single family lot subdivision on 42.2 acres o the west side of Prospect Hill Street, known as 366 Prospect Hill Street – submitted by Winterton Corp.
Roll Call: Spencer, Campbell, Abreau, Lopes, Faulkner and Dermody. Hearing opens at 6:05 PM. Clerk Faulkner read letters from City Dept., City Engineer, City Planner, Conservation Commission, B.O.H., Fire Dept. And Water Dept which were placed on file.
Arthur made motion to invite petitioners into the enclosure, seconded by Tony. All in favor.
Atty. David Gay and Joseph Lynch and William Buckley, were invited into the enclosure. Atty. Gay stated they are proposing 22 single family dwellings on 42 acres located on the north side of 495. He stated they filed a preliminary some time ago and they are working with Raynham and Taunton. The road will be privately maintained as a condo project, they will have exclusive use areas. Atty. Gay stated they have worked out an agreement with the Town of Raynham and Taunton for sewerage. It will allow Raynham to receive credit. Atty. Gay stated they expect to have final agreement if this is approved. Atty. Gay stated that Raynham has no public water they have wells. They have to file with DEP to determine about wells. Atty. Gay stated they do allow wells (ie Stage Coach Village in
Lakeville, Ma.) They could put in individuals
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wells and put in bulkhead. Atty. Gay stated they will resolve those issues thru the appropriate agencies. He stated they have not shown drainage but a portion of the property drains in one direction and the other part drains in the other direction. Atty. Gay stated they will get water into wetlands but won’t solve the water issue. They have an approved ANRAD but have to file a NOI. Atty. Gay stated the Natural Heritage Group for Endangered Species will have to be involved. Atty. Gay presented letter from Natural Heritage Group.
Bob made motion to place letter on file, seconded by Tony. All in favor.
Atty. Gay stated they need local approval from Planning Board & Conservation and then have to go back to them if anything changes. Atty. Gay stated they are asking for a Special Permit for an Inclusionary Development. Instead of setting aside a few houses (like 40B) they are donating the money for the affordable units which would be in the range of $200,000 - $400,000 to be put into the affordable housing trust. (same as Sabbattia Landing Condos on Bay Street). Atty. Gay stated he submitted the proforma to the City Planner for review. Atty. Gay stated they have reduced the environmental impact, created better traffic control, reduced to 1 entrance and preserve open space. They have chosen to do a inclusionary condo instead of traditional subdivision. Atty. Gay stated they are asking
for a few waivers but they offering a private development which reducing the impact on city services. They are asking for some waivers for landscaping due to the wetlands. William Buckley, P.E. Bay Colony Group spoke at this time. He stated out of the 42 acres they are only utilizing about 6 acres for the development. He stated the preliminary plans showed 8 conventional lots tucked in the left hand corner of the 42 acres. Mr. Buckley stated a multiplier was discussed at the preliminary review. They showed 6 lots on left of road and 2 more on other side totaling 8 lots. He stated all the units will be on one lot, like condo project. Each condo will have own exclusive areas. They are proposing 36 acres of open space. The site drops towards the wetlands. There will be 1,200 feet of linear driveway and it goes back about 650 feet from Prospect Hill Street. The houses will be clustered together and will be a nice neighborhood. There will be a 20 – 30 foot separation between
houses. They are proposing a 20 foot wide roadway and no curbing, drainage swales, small gentle swales and catch basins. They have designed the drainage system so the water will be carried to back of site and into detention basin. They moved the basin to accommodate the turtles. The property is relative flat, 5 to 1 slope and the basin is only 3 feet deep. The first 200 feet they will be bringing drainage to Prospect Hill Street. They created a barrier because the street doesn’t pitch and it’s very low and water puddles. There is enough pavement to create swale and sent it south. The site drops 15 feet from front to back and they will have low pressure sewer system. Dick asked if the homes are higher than the land? He was concerned with the water running down. Mr. Buckley stated that all the houses will have walk out basement and they will create a high point. Dick asked if the contours are on the plans? Mr. Buckley
answers no. Dick stated they should be on plans. Mr. Buckley stated they are directing water towards front properties. Bob stated normally the contours are on the plans so we can see the direct impact. Dick wanted them to recognize that there might be a problem with water. Tony asked about swales? They are going to use a 12 inch pipe for driveways and create swale and pipe? It was asked who will maintain, City or private? Tony answers no the city won’t maintain. He suggested getting water off street and create some channel. Arthur asked how deep the swale is? It was answered about 6 inches. Each home will have wells for themselves. Mr. Buckley stated there is decent soil there and some poor soil. Dick stated since this subdivision will be in Taunton will the Raynham police/fire respond because they are closer? Many answers, from personal knowledge, that Raynham would get to them
first unless a unit is at the Industrial Park. Manny said the Raynham Police or Fire would realistically get their first. Manny stated the City of Taunton provides that type of service to Raynham also (mutual aide) Dick asked if they called 911 who would respond? Manny answers Taunton has mutual aide and they can be called for Raynham to help them out when needed. Atty. Gay stated they have 2 options with fire protection, one being on-site cesstern or fire pond. Atty. Gay stated the problem is already there and
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they are proposing to make it better. It was noted that insurance is more expensive is you don’t have fire protection and the nearest fire hydrants is on Bridge Street which is about 1 mile away. First Street is on the right and there is no room for turnaround. It was noted an ambulance can turn around in a driveway. Opposed: David McRae, 307 Prospect Hill St., Raynham, Ma. He stated there was letter sent to MEPA which was read into the record. He stated this is a very narrow roadway, the layout may be wide but the pavement is not too wide. He stated there is no water on street and they cannot afford any more traffic. He had several concerns with the plans, any calculations, who will maintain easements? He stated mutual aide is used only in extreme circumstances. Atty. Gay stated that they have worked with Natural Heritage over the past 15 months and they have received approval from them. It would be cost prohibitive to bring water to site and he stated they would need to
decide to put cessation system or fire pond. He referenced a case in Rehoboth, Ma. relative to wells and how they draw water. Atty. Gay stated we need water to build condos so they will have to decide on something. He stated mutual side is an every day thing with the Police/Fire departments. Opposed: Joyce Ehrehzweig, 268 Prospect Hill St., Taunton, Ma She was concerned with sewer treatment plant and if they have reached their capacity? She also pointed out that you can’t come down over Bridge Strreet. There is a very sharp turn curve and the culvert is falling apart. Atty. Gay referenced a letter dated March 18, 2008 from the City Solicitor relative to the agreement worked out between the Town of Raynham and City of Taunton with the water. Bob stated the flow will not be counted against Raynham. Atty. Gay stated they filed a Notice of Project Change with MEPA not an extension. In 2003 property
owned by previous owners in Taunton finalized an agreement which only included the existing homes. Atty. Gay stated there was some question relative to the legality because you can’t disqualify homeowners to sewer. Opposed: Keith Offley, 474 Prospect Hill St., had some concerns with the water flowing downhill. He stated he has 3 daughters and the schools are already overcrowded. He also had concerns with safety with said when the police is called Raynham does respond first. Atty. Gay stated the water will go out into the entrance into the wetlands. Mr. Offley stated they often see coyotes out there and where will they go now? A lot of residents who lived on the street are elderly. Atty. Gay stated there will be one condo association and there will be a sewer tie-in for whole property. Mr. McRae asked what’s makes these condo more marketable? Atty. Gay stated the before March 2005 the market was different and they are
hoping by the time they are ready to build the market changes back. Atty. Gay stated is clients have spent thousand of dollars on plans and permitting. Opposed: Mike Veloza, 408 Prospect Hill Street stated there is a lot of water and he doesn’t want any more. Mr. Buckley stated the water is not new but they are taking water in his yard to the wetlands. They are getting the water off the roads. Mr. Buckley stated they could grade is property with their permission. Bob suggested putting in swale per the neighbors concerns and if they are willing to fix drainage? It was note the applicant didn’t meet with the neighbors. Karen Bunnewith, 390 Prospect Hill Street stated she just purchased house in January moved from Whittenton because it was too crowded. Ms. Ehrehzweigh asked who would pay for sewer? Atty Gay answers that would be the condo association and it would be in n their condo documents.
Heath Southerland, 436 Prospect Hill Street, also had concerns with safety and traffic. The roadway is too narrow. Opposed: Marsha Losciuta, 360 Prospect Hill Street stated her house is directly on the left and her concern is the water. She stated there is an existing swale that her friend put in on the Lynch property? Mr. Buckley stated it’s probably a good idea to meet with the neighbors. They would not block easement, they would create dam and put pipes in. She was also concerned with her in ground pool. It was suggested they could add trees for buffer. It was suggested meeting with the neighbors to hear their concerns. Atty. Gay stated he would coordinate a meeting with the neighbors. Bob stated the Board should consider if we are going to consider buffer reduction under the approval? Several Board members suggested having the applicant meet with neighbors first.
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Arthur made motion to continue until September 4, 2008, seconded by Dick. Also to notify neighbors of continuance of public hearing. It was noted public input is still open.
Meeting adjourned at 8:00 PM.
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