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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: June 7, 2012
BOARD MEMBERS: Daniel Dermody, Chrmn. Anthony Abreau
Bob Campbell V.C. Arthur Lopes
Manuel Spencer, Clerk Joshua Borden
Michael Ritz
ADVISORS: Mark Slusarz, City Engineer
Kevin Scanlon, City Planner
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Roll Call: Borden, Campbell, Ritz, Spencer, Abreau present. Meeting opens at 5:40 PM. Also present was City Planner Kevin Scanlon.
Joshua made motion to accept minutes of May 3, 2012 seconded by Tony. All in favor.
Syndey’s Way – E-5 circulated – Request to release last lot (holding $75,000 and Lot 4) located off Plain St.
Tony made motion to invite petitioner into the enclosure, seconded by Joshua. All in favor.
Mr. Elliot Snyder was invited into the enclosure. The City Planner read his letter into the record. They are requesting last lot and the policy is to post double completion cost. He recommends releasing lot upon receipt of an additional $24,050. Kevin stated the Outside Consultant and City Engineer reviewed and agrees with completion costs. It was asked when the top coat will be going in and Mr. Snyder answers in the fall.
Manny made motion to release lot 4 upon receipt of an additional $24,050 in surety seconded by Joshua. All in favor.
Letter from Atty. Rounds - 342 Winthrop St – St. requesting to modify decision.
The City Planner explains at last month’s meeting the Board gave approval for property at 342 Winthrop Street without having the DIRB and depts. Comments. This is a procedural issue and Atty. Rounds has submitted letter asking the Board to incorporate the DIRB conditions. Kevin stated the DIRB met the next week after and now have their comments. Bob asked if there were any significant changes? Kevin stated nothing major, just minor
Joshua made motion to amend their decision and include the DIRB comments. Seconded by Manny. All in favor.
Public Hearing - Proposed Zoning Changes to the City of Taunton Zoning Ordinance Section 5.2 – Table of Use , Section 6.3 – Intensity of Use Regulations, Section 7.1.1 – Landscaping Requirements, Section 7.3.1 – Parking & loading requirements, Section 7.5 – Signs, Section 15 - Site Plan Review
Hearing opens at 5:47 pm. Roll Call: Borden, Abreau, Ritz, Spencer and Campbell present. Clerk Spencer read the public hearing notice. City Planner Kevin Scanlon presented the zoning changes. He was approached by Mayor Hoye to look at ordinance and make it a little easier in some areas. Kevin stated Section 5.2 the changes are: SP from Council for Auto repair to SP ZBA in BD & HBD., drive thru establishment from SP Council to SP ZBA in Business District. Change any use with entertainment from SP Council to SP ZBA in BD, CBD, OD, HBD and ID. Under Section 6.3 he reduced the frontage requirement from 150’ to 100 in HBD and reduced some of the landscaping and parking requirements in the CBS. He stated the radionale is the downtown properties have none so it
makes no sense to have it in there. He reduced the parking aisle width, and reduced the parking & loading requirements, eliminated the 25% parking in front in Industrial District. He also looked at signs and took off the 45 day limit on temporary signs and there is no fee. The big change is the Site Plan Review which was re-written to make it more business friendly. Kevin stated it’s 2 tiered. When you go to DIRB there is no legal ad but a full Site Plan Review requires DIRB, legal ad and hearing with council. Change is to have no legal, just have public meeting(no legal ad required) and still having abutter notification all by the Planning Board. He stated these changes are scheduled for hearing with Municipal Council on Tuesday. Josh asked if all the copies are required (20) for Site plan review. Can they send pdf instead of paper copies? Kevin stated he’s looking at that but it’s not feasible
now. Josh suggested adding the applicant be required to submit pdf file to the process. Kevin had no issue with that. Bob asked what would trigger SP with Council now? Kevin answers anything over 100,000 square feet.
Josh made motion to open public input, seconded by Tony. No one in favor or opposed. \
Josh made motion to close public input, seconded by Tony. All in favor.
Kevin said the Board needs to send their recommendation to Municipal Counci. He asks that they exclude “add casino by SP Council in HBD and ID. He inadvertently put in .
Josh made motion to approve the Zoning Changes with the following conditions:
1/ Remove: Casino as SP in HBD & ID under Section 5.2
2 Add: Applicant shall provide a PDF with the application – under Section 15.5.1 – Application & review procedure.
All in favor. Hearing closed at 5:59 pm. City Planner excused.
Public Hearing – Form J Plan – Remanded from Superior Court – 720 Glebe Street – to split one lot into 3 lots- James Kdan.
Hearing opens at 6:00 PM – Roll call: Abreau, Ritz, Spencer, Campbell. Josh excused from hearing.
Atty. David Marcelino and James Kdan was invited into the enclosure. Clerk Spencer read letters public hearing notice and department letters from Conservation Commission. Letter from Dan & Patricia Mitchell, 1005 Glebe Street in opposition.
Tony made motion to place department comments & opposition letter on file. Seconded by Mike. All in favor.
Bob stated the court took testimony from a few members and their decision was based on their site visit and essentially they disagreed with the Boards vote. The court found, after their view of site, there is adequate room for 2 way traffic for safety vehicles and snow removal. They felt that Burt Street & Glebe St. were beyond our scope and the Court has remanded it back to the P.B. to re-consider the application. Bob stated the interpretation is the Form J – Waiver of frontage requirements- not including the Roadway Improvements to Glebe Street, is sufficient. Manny asked if there were going to improve Burt Street and Bob answers no Glebe Street. Atty. Marcelino present the P.B. denial and the RIP was cutting back brush and the denial was based on not agreeing to do
additional items. He appealed to Court and they found the P.B. conditions were beyond the Board’s authority. The court is ordering the P.B to approve the Form J.. Manny asked Mr. Kdan if there is room for 2 way traffic? Manny remembers a death on the road and the emergency vehicles had difficulty. Mr. Kdan stated there is sufficient room and the judge agreed. He stated the judge walked the entire length and measured the stone walls. Mr. Kdan presented pictures showing large trucks on road. They heard testimony from Lt. O’Brien from Fire Department. Manny stated his vote was based on safety but if the court says yes there is adequate room them we have to go by what court order says. Tony made motion to open public input, seconded by Mike. All in favor. Letter from Dan & Patricia Mitchell in opposition. Dan Choiniere, 747 Glebe Street in favor.
Tony made motion to close public input, seconded by Mike. All in favor.
Manny made motion, based on the Court decision, to approve the Form J for 720 Glebe Street, seconded by Tony. All in favor. Hearing closed at 6:18 pm.
Public Hearing – Full Site Plan Review- 580 Winthrop St. – to allow the installation of a 3.0 MW solar panel energy project – submitted by Manheim’s N.E. Auto Auction
Hearing opens at 6:22 pm. Roll Call: Borden, Abreau, Ritz, Spencer and Campbell present. Clerk Spencer read the public hearing notice. Dept. Comments from DIRB, City Engineer were read into the record and place on file.
Bob Rogers, Tibbetts Engineering, Aaron Brown, Cox Commuications, and Dan Faucet, Imman Solar.
Bob stated they received DIRB approval and on Monday will appear before the Conservation Commission for an Order of Conditions. He stated this is a direct result of the TMLP searching for some property to place 3 megawatts electricity solar panels. They received variance from ZBA to allow them to be located in front yard. Bob asked whose going to be operator? Bob Rogers answers there is someone there full time for auction and there will be a maintenance person on duty but the panels are self operating. The panels aim toward the south and there is a 20% tilt and there will be screening and landscaping on the west side and Burt Street and Winthrop Street. Bob Campbell asked if the panels will be somewhat buffered so as to not be blinding by the sunlight. Dan stated there won’t be any glare. Josh asked how big is 3 mega watts? Dan answered it will serviced 450 households. There will be a 6 foot chain link fence around panels and the actual panels will be only 6 inches off
ground. Bob asked what is the life expectancy of panels? Dan answers it has a 25 years manufacturer’s warranty at 80%. They have an agreement with the TMLP. Tony asked what type of panels are they? Dan answered they are made in Taiwan but the racking is local and the inverters are made in Oregon.
Josh made motion to open public input, seconded by Mike. No one appearing in favor or in opposition.
Josh made motion to close public input, seconded by Tony All in favor.
Josh made motion to approve the Site Plan Review with departments and DIRB comments. Seconded by Tony. All in favor. Hearing closes at 6:39 pm.
Public Hearing – Form J Plan – Waiver of frontage – Lot 6 Barry Drive – re-configure of lot - submitted by Brian Conway
Hearing opens at 6:40 pm. Roll Call: Borden, Spencer, Ritz, Campbell, and Abreau. Clerk Spencer read the public hearing notice. Dept. Comments from City Engineer, B.O.H., Conservation Commission and City Planner were read into the record and placed on file.
Petitioner Brian Conway was invited into the enclosure. Bob stated in the ZBA decision the Board said they would consider the lot have frontage if the unconstructed way was ever constructed. He wanted to point out that Lot 6 has 73.65’ of frontage. Public input: No one in favor or opposed.
Josh made motion to close public input, seconded by Tony. All in favor.
Josh made motion to approve Form J with City Engineer condition that the if street is every accepted the unconstructed way be included. On discussion, it was stated that you can’t accept an unaccepted way .
Josh amended his motion to approve Form J as presented with the reduction of frontage to 73.65’ seconded by Tony. All in favor. Hearing closes at 6:50 pm.
River Pines – Request for lot release –holding $27,6000 and 9 lots. Requesting release of Lots 4 & 6.
Joshua excused. Mr. Feodoroff had death in family and was unable to attend meeting. Clerk Spencer read the City Planner’s letter into the record. The request is to release lots 4 & 6 upon posting $6,900 per lot.
Manny made motion to release lots 4 & 6 upon receipt of $6,900 per lot (total $13,800) seconded by Tony. All in favor.
Cont’d SRPEDD – Planning Board Rep. – Term May 23, 2012 thru May 31, 2013.
Tony Abreau is presently the P.B. rep. The Board asked if he would like be re-appointed and he agreed. Joshua made motion to re-appoint Anthony Abreau as the P.B. SRPEDD representative, seconded by Mike. All in favor.
Communication from The Com. Of Mass. – relative to Myles Standish Ind.Pk. Phase IV expansion – Draft environmental Impact Report. Informational Only.
PLACED ON FILE.
Meeting adjourned at 7:00 pm.
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