City of Taunton, MA

2-4-10


	********************************************************** TAUNTON PLANNING BOARD MINUTES CITY HALL, TAUNTON, MA 02780 ********************************************************* DATE: February 4, 2010 PAGE NO: 1 BOARD MEMBERS: 1. Daniel Dermody, Chrmn. 5. Anthony Abreau 2. Bob Campbell 6. Arthur Lopes 3. Manuel Spencer 7. Alan Medeiros 4. Richard Faulkner, Clk. ADVISORS: 8. Mark Slusarz, City Engineer 9. Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Spencer, Abreau, Lopes, Medeiros, Faulkner and Dermody. Campbell present at 5:35 PM Meeting opens at 5:30 PM. Arthur made motion to accept minutes of January 7, 2010, seconded by Tony. All in favor. Winthrop Heights – Request to switch lots 29, 35 & 46 for 23, 24, & 25 (Still will be holding 4 lots & $80,000) plus ($48,000 mylar deposit) Kevin recommends approval of the request. There will be no change in surety. Dick made motion invite petitioner into the enclosure, seconded by Arthur. All in favor. Richard Feodoroff was invited into the enclosure. He stated he is asking to put 3 of the other lots under covenant for the release 3 other lots. There will be still 4 lots under covenant. He stated this is the last time he will need to come before the Board. He anticipates the subdivision will be complete by the end of summer with some minor issues. Dick made motion to approve the request to switch lots 29, 35 & 46 for Lots 23, 24 & 25, seconded by Tony. All in favor. Harvey Hills Estates – Request to switch Lot 3 for Lot 7 which was previously released. Kevin states this is similar to previous request. A simple request to switch one lot for another. There will be no change in surety. Dick made motion to approve request to switch Lot 3 for Lot 7, seconded by Tony. All in favor. Public Hearing – Proposed Zoning Map Amendment – to re-zone properties currently located in the Office District and Urban Residential District to Highway Business District. The properties are as follows: 127 Hart St., 133 Hart St., 671 County St., 677 County St., 687 County St., 711 County St, 721 County St. Parcel I.D. 93-134, 729 County St., 745 County St., 763 County St., 777 County St, 784 County St., 772 County St., 742 County St., 734 County St., 716 County St., Parcel I.D. 93-149, Parcel I.D. 93-150, 137 Hart St., 702 County St., Parcel I.D. 93-153, 680 County St., Parcel I.D. 93-155, 670 County St., 139 Hart St., 141 Hart St, 143 Hart St., 147 Hart St., 149 Hart St, 760 County St., Parcel I.D. 93-161, Parcel I.D. 93-162, Parcel I.D. 93-262, Parcel I.D. 94-199, Parcel I.D. 94-200. Hearing opens at 5:34 PM. Roll Call: Spencer, Abreau, Lopes, Medeiros, Faulkner, and Dermody. Campbell present at 5:35 PM. Kevin read the public hearing notice and department comments from Conservation Commission, Water Dept., B.O.H., Fire Dept. and zoning Board of Appeals. Petition signed by abutters in opposition. Letter from applicant requesting a continuance until next month (March 4, 2010) and will ask Municipal Council for continuance and waiving the time frame on which to act on this proposal. Alan made motion to place dept. comments on file, seconded by Arthur. All in favor. Chairman Dermody suggests asking the Municipal Council to continue their scheduled public hearing. Mr. Faulkner stated the Planning Board isn’t asking for a continuance the applicant is and they indicated they will also request one from the Municipal Council. Manny asked why the application is requesting a continuance? He is bothered by the fact they filed a zoning change and all of a sudden they want a continuance, weren’t they prepared? Manny wants to know what kind of plan do they have for Rte 140 which is overburdened now? Bob asks if the petitioner is here? Kevin answer yes Bob made motion to invite petitioner into enclosure, seconded by Manny. All in favor. Atty. John-Paul Thomas, 98 County St., was invited into the enclosure. He stated the reason for the continuance is to have more information and actually present plans that the Board, Planning Board and abutters will have their concerns eased. Atty. Thomas stated they obviously don’t have everything in front of them to discuss. Dick asked Atty. Thomas if he has met with abutters? Atty. Thomas answers he has met with some but not all. He will try to meet with all of them. Mr. Faulkner suggested making his best effort to meet with the abutters. Arthur stated this is a very busy intersection and to re-zone will be a burden for the City. Arthur stated he doesn’t want to overburden the City. It was stated this is the City’s 2^nd worst intersection and the 14^th worst intersection in the region according to SRPEDD data. Chairman Dermody suggests getting more info from SRPEDD relative to Traffic Studies, plans with the train station and suggesting contacting Mr. Smith from that office. Chairman Dermody stated there are a lot of issues and we don’t have all the information in front of us. He was under the impression those documents would be here along with the 25% design plans for Hart’s 4 Corners. Kevin stated they have 25% design plans and some money for the improvements. The TDC did the 25% design plans four years ago and there is mitigation with the approved CVS project which is in litigation. If that is approved then we will have 100% design done. Kevin stated the area is zoned Office District and it gives the developer the right to petitioner to file for Special Permit for certain uses, such as Retaiil & Retaurant. If changed to Highway Business District the uses that would normally require a Special Permits would be allowed by right. He stated the City loses their right to mitigate for abutters and improvements that could go towards traffic, water, etc. Kevin stated the City would be giving up control by re-zoning. He stated there needs to be a reason for it. The intersection needs to be improved. County Street and Depot Drive to Trucchis also needs to have protection for abutters. Atty. Thomas stated he doesn’t see it as the City losing control. The property is not located downtown its Rte 140 & Rte. 24 and the uses allowed in HBD fit in. He states its very difficult to have a developer pay for state and federal improvements. He stated Hart’s 4 Corners is a gateway towards Depot Drive with banks and condo and other business. He states its in essence a catch 22, he is only trying to set the perimeter for what is there. He stated you cannot force one develop to pay for improvements, it will be cost prohibitive. He state alternatively what if a variance were not granted, it would be unfair tot hat developer because they couldn’t develop their land. Bob stated in his opinion, he won’t change to HBD until the infrastructure is in place. They need to work with Mass. Highway because if you change the zoning without the infrastructure they are not going to fix it. We have the Special Permit process in place to get mitigation to help with improvements. Kevin stated this is the corridor to Rte. 24 and with each business that has gone in they have contributed, TGIFridays, CVS and the restaurants. If CVS wins in court then we will get 100% design plans completed and get half of the landtakings done along County Street done for free as part of the ZBA approval for CVS. Kevin stated there has not be any tax dollars used on Mozzone Blvd and Taunton depot Drive. He stated the City will have 100% design plans, 350,000 cash and 2 south bound land taking turned over to them if CVS wins appeal. He spoke to Atty. Gay and was told it could be as soon a month or two for a decision. Tony suggests using the $100,000 from TGIFridays to be used for plans. Kevin suggests waiting for CVS to come out of litigation. Tony made motion to place on April Agenda, the use of the $100,000 from TGIFridays’ for study/plans, seconded by Dick. All in favor. The Board voted to allow public input. Atty. John-Paul Thomas not only is he representing owner but grew up in neighborhood. He stated yes there are traffic issues. Opposition: Dorothy Latour, 120 Hart St., stated she has lived there for 50 years and she is opposed due to traffic, and the impact on the neighborhood. She stated the judge came down to see the neighborhood and she states there is simply too much in the neighborhood, condos, businesses. Peter Andrade, 18 Briarwood Dr. also opposed. His issues were traffic, and the fact that when CVS moves something will go in old location. There is also another condo unit development (currently in litigation) approved for Hart St. He stated this is the 2^nd worst intersection in the City. Opposed: Eric DeSilva, 130 Hart St., stated he has lived there for 32 years and he relied on the zoning (offices) to protect residences from retail. He stated they don’t need any more retail in this area. There are vacancies everywhere in the City. Opposed: Ginny David, 144 Hart St., #14 stated she thought the hearing was going to be continued. She has lived at Canterbury Village for 8 years now and she remembers when Mozzone Lumber was across the street, hearing the trucks in the morning. The traffic is terrible especially at 2:00 PM - 7:00 P with only 2 lanes and no left turn arrows. There is congestive at this intersection having Dunkin Donuts, Dermody Cleaners etc. She asks the Board to consider the abutters. At this time Chairman Dermody disclosed that Dermody Cleaners, an abutter, is owned by his brother but he has received legal advice from Asst. City Solicitor and he can vote on this case because there being is no financial gain. Doreen Chapman, Property manger for Taunton Gardens, stated they have 128 units of low, moderate & high income residents and there are also several other apartment condos in the immediate area. They struggle to get out of their property every day. She asks the Board to consider the residents. Bob made motion to grant the petitioner’s request for a continuance until March 4, 2010 and leave public input open, seconded by Dick. All in favor. Dick wanted to re-iterate that the petitioner meet with all the neighbors. Bob also stated, under a zoning change, there are no contracts made and that cannot be the basis of our vote. Atty. Thomas stated he would be more than happy to exchange information with abutters to meet with them. Manny made motion to have the City Engineer present at the next meeting and bring the 25% designs plans, seconded by Dick. All in favor. Chairman Dermody suggesting inviting Mr. Jim Hartfield from SRPEDD to the meeting asking for their input. Alan made motion to invite Jim Hartfield from SRPEDD to March meeting asking for their input and provide all documents regarding cost projections for the infrastructure of Hart’s 4 corners, seconded by Arthur. All in favor. Hearing closed at 6:15 PM. Public input still open. Update on Form A – Conveyance of Utilities** The City Planner said that this form hasn’t been collected for some time. He’s not sure we even need them.. Bob had concerns because if a private developer builds the infrastructure then the will maintain the roads but there is never been anything about the utilities if something happens. He stated that form is to ensure that when the utilities are finishes the appropriate dept. sign off saying they are ok. Tony asked under the sewer specifications the sewer lines are camera lined. Dick wanted to make sure what happened on Tremont Street doesn’t happen again (illegal sewer hookup). Kevin stated it’s the ultimate responsibility of who them in. Bob assumed that when street gets accepted the city accepts the conveyances of the utilities. Tony said that’s why he wants the sewer consultant (Veolia) to be involved during the construction of the subdivisions. Bob made motion to require Conveyances of Utilities complete prior to lot releases, seconded by Dick. All in favor. Manny made motion to send letter to Dick Shafer for an update on the recreation fields as part of the approval for Myles Standish Industrial Park. Seconded by Arthur. All in favor. Chairman Dermody asked that they CC: Kevin Shea. Kevin stated they have done Environmental Reports and the conveyance of the Dever Wells are underway. Chairman Dermody stated he has spoke to Karl Anderson of Special Olympics and they would very interested in putting their building on recreation field. Meeting adjourned at 6:35 PM.