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4-7-11 mins.


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                   TAUNTON PLANNING BOARD MINUTES
              CITY HALL, TAUNTON, MA 02780
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DATE: April 7, 2011                                                                                           PAGE NO:  1

BOARD MEMBERS:           1.  Daniel P. Dermody, Chairman     5.  Richard Faulkner, Clerk  
                                              2.  Alan Medeiros                              6.  Bob Campbell
                                             3.  Tony Abreau                                 7.   Manuel Spencer  
                                              4.  Arthur Lopes  
ADVISORS:                         
  • Kevin Scanlon, City Planner
  • Mark Slusarz, City Engineer
 __________________________________________________________________________
Roll Call:  Abreau, Campbell, Lopes, Medeiros, Spencer, Faulkner and Dermody.  Meeting opens at 5:31 P.M. Also present was City Engineer Mark Slusarz and City Planner Kevin Scanlon.     
  
Dick made motion to approve minutes of March 3, 2011 seconded by Alan. All in favor.
 
Cont’d. Public Hearing - Definitive Subdivision entitled “Roundtable Lane Extension -  located off the southeast end of Roundtable Lane, including 71 Roundtable Lane and 3 proposed lots.   Submitted by Richard Feodoroff.
Roll Call:  Faulkner, Medeiros, Spencer, Campbell, Abreau, Lopes and Dermody present.  City Planner Kevin Scanlon read letter from Veolia, and letter from David Cabral was sent out to P.B.members.  
Dick made motion to place both letters on file, seconded by Bob.   All in favor.
Brad Fitzgerald, P.E., Senna, Fitzgerald & Gilbert, P.E. and Richard Feodoroff, Oscar Squared Inc., were invited into the enclosure.   Brad stated he submitted new plan with changes, waiver letter and drainage calculations.  He stated they are leaving the 25 foot no cut along the Sullivan property, but not deeding over, just leaving as easement.  They need the area but it will remain no-cut.  They also added 20 foot no cut along 2 lines of the Mozzone property which provides buffer.    Brad stated that Bob Campbell suggesting reducing the frontage but any frontage makes it tight for houses but they only have enough frontage for 3 lots.  Bob’s concerns were that there was enough for 4 lots.  Brad stated he spoke with Cathal O’Brien from Water Dept. and he was ok with water being in shoulder.  They provided 3,000 sq. ft.  snow storage area per Tony’s request.   Brad stated the neighborhood had concerns with the capacity of the pump station and he refers to Veolia’s letter stating there is sufficient capacity.  He is proposing drainage sytem that will reduce the peak of the driveway drainage.  He inspected the culvert on March 23, 2011 and found it clean and well maintained.  He re-designed road profile which reduces runoff.  He stated Mr. Feodoroff will repair the roadway, if the DPW require repairs.  Manny asked if these streets are accepted strees?  Mr. Feodoroff answers yes in they were accepted in the 1990’s. Manny stated he went for site visit on Sunday and found the roadway bubbling and cracked.  He stated he is concerned with where the water is going to go?  He is aware the first 50 feet of the new roadway will drain toward Roundtable Lane and all water after that will go toward Rt. 24.   He was all of the water to drain to Rte. 24.  He wants to eliminate the impact to the residents of the area.  Mr. Feodoroff stated he took over project and he voluntarily re-paved the streets at a cost of $80,000.   City Engineer returned from this office and stated according to his records the streets are NOT accepted streets?  Mr. Feodoroff stated he petitioned the Municipal Council for street acceptance?  Arthur asked about the change in easements relative to the no cut for Mozzone property.  Brad state they added 20 foot no cut along 2 property lines of Mozzone property.   Opposed: David Cabral, 61 Roundtable Lane stated he submitted letter and asked if Board reviewed it and they answered yes.  He pointed out they are proposing a homeowner’s association in a non-homeowners’s neighborhood, landscaping and noise is a issue.  He stated during construction there will be trees cut down. City Engineer stated yes but some trees will be left.  Tony asked if Mr. Feodoroff is selling lots?  Mr. Feodoroff answers they will try to keep as many trees as possible but can’t control homeowners after they buy lot.  Mr. Faulkner asked about the concrete along highway and Mr. Cabral answers the highway put them there.  Manny asked Brad if the fencing belongs to the State and he answers yes.  Kevin stated they are proposing 2 buffers along Rte 24.  He would recommend 30 foot no cut along Rte 24.  Bob suggests flatten out end of cul-de sac and do T instead of circle.  Bob also suggests putting permanent marker to identify no cut zone with post & rail fencing.    Arthur asks what’s the distance from fence to highway?  Brad state they are proposing 30 feet no cut and there there is some land after that.  Mr. Cabral presents pictures of the roadway and these streets had waivers and they are wasted away.  He  does use the sidewalks.    Rob Sullivan still had concerns with the detention basin being on his property.  Brad explained that it was going to drain the first 100 feet but he has changed it to 50 feet.   Brad pointed out that it’s not adding to the amount of drainage on his property.    
Alan made motion to close public input, seconded by Arthur. All in favor.

Manny had concerns with water coming back to Roundtable Lane. Why can’t it all go toward the highway?   Brad explains that the increase in water runoff is so small it’s not even measurable.   City Planner Kevin Scanlon suggests approving the modified plan with the 30 foot no cut along Rte. 24 and post & rail fencing inside buffer.    Bob asked about Lot 247E you can’t landlock property?   Lot 24 E will need be part of Lot 247C and then in future combined with Mozzone.  Bob suggests having the applicant repair all potholes, crack seal cul-de-sac, overland the cul-de-sac portion of Roundtable Lane when they pave driveway.  

Alan made motion to approve Roundtable Lane Extension with City Planner’c recommendations and the following conditions:

Alan amended his motion, seconded by Dick.  To the following:
  • That there be a 40 foot No Cut Buffer for all 3 lots along Route 24 and a post and rail fence shall be erected inside the buffer, on the yard side, with at least two permanent signs per lot saying (Noise Barrier-No cutting or thinning allowed beyond fence”.  
  • The arc of the cul-de-sac curve on the Route 24 end shall be replaced by a straight line from the front corners of Lots 247a and 247b extended southeasterly parallel with the layout line of Route 24 to the other side of the cul-de-sac.
  • Repair all potholes on Roundtable Lane.
  • Crack seal the cul-de-sac.
  • Overlay the cul-de-sac portion of Roundtable Lane when the driveway is paved.
  • That there shall be a 20 foot no-cut buffer along the Mozzone property as shown on plans.
  • That there shall be a 25 No cut- buffer along the Sullivan property as shown on plans.
  • The total number of lots is Three (3).


5 members in favor 2 members opposed (Spencer & Lopes) motion passed.



Dick made motion to assign Field Eng.. Inc., as the outside consultant for Roundtable Lane Extension seconded by Alan. All in favor.
Hearing closes at 6:34 PM

Special Permit – 342 Winthrop St – St. Germain -  Gas station – Need to forward a recommendation to the City Council.  
City Planner Kevin Scanlon explained to the Board they have already reviewed this site for retail plaza and granted approval.  The applicants now must have public hearing with Municipal Council for gas station and this Board must send a recommendation.   
Bob made motion to forward a positive recommendation for the proposed gas station, seconded by Arthur. All in favor.

Public Hearing – Rescission  of “Winding River Estates” – located off Tremont St. -  approved  for 12 lots. (Otis Way)
Roll Call:  Spencer, Campbell, Abreau, Lopes, Medeiros, Faulkner and Dermody present.  Hearing open at 6:34 PM.   Kevin stated all dept. comments from himself, T.M.L.P, Conservation Commission, B.O.H.,  had no issues with rescinding this subdivision.  Bob Rogers,Tibbetts Engineering representing owner Mansfield Bank was invited into the enclosure.  He stated the bank now owns this land and they wish to create 3 lots and because of the new law that went into effect extending it 2 years, the Form A lots cannot be approved without rescinding the approved subdivision.  This was approved in 2002 for 12 lots on Otis Way.    Public Input,  Janice Lawlor, 106 N. Walker Street stated she’s opposed of this going in.   The Board informed her that they are not putting 12 lots, just 3, they are rescinding the approval for 12. She was confused and now she’s in favor of rescission.  
Arthur made motion to close public input, seconded by Tony. All in favor.
Manny made motion to approve the Rescission of Winding River Estates, creating 12 lot, seconded by Tony.  
Bob made motion to release mylar deposit and all surety, seconded by Manny. All in favor.
 

Public Hearing - Form J  Plan – Waiver of frontage – split one lot into  three lots  – for property located at 720 Glebe Street,submitted by James Kdan.
Roll Call:  Spencer, Campbell, Abreau, Lopes, Medeiros, Faulkner, and Dermody present.
Hearing opens at 6:40 PM.   
Atty. David Marcelino, and James Kdan were invited into the enclosure.  City Planner stated this property was granted a variance from the ZBA and in that approval it requires the applicant to file a Form J Plan and a Roadway Improvement Plan.  The petitioner is not proposing any improvements to the roadway.  There was a Roadway Improvement Plan done in 2006 for one house.  Atty. Marcelino stated he’s not submitted a Roadway Improvement Plan because the road has is already improved from 2006 approval.   That was a long process and there is nothing to improve.  Atty. Marcelino stated it’s a catch 22, there are no improvements needed because of the improvements already done.   Dick stated he has traveled that road and it’s very naro and then gets wider because of the recent improvements.  Bob stated the previous Roadway Improvement Plan was for one lot and he asks if this petition include any roadway improvements?  Atty. Marcelino answers he is proposing zero improvement, he submitted letter stating that which was given to the Board yesterday.  He was informed by the City Planner there is a one week deadline for submittals of anything to the Board.  Mr. Kdan asked why didn’t’ the City have to do any improvements when put water tower on Glebe Street?  Bob stated the Board needs to acknowledge that it’s only a Form J proposal and he asking for waiver of the Roadway Improvement Plan?   City Planner stated the previous improvement plan did improve the roadway for one lot and perhaps they could improve access or clear brush, clean shoulder, etc.?  Mr. Kdan asked if why he would be responsible for improving roadway before this? The Board stated because he would be using it for his lots?    He asks where do you draw the line?    Bob stated perhaps they could work with the DPW to see what they would suggesting?
Bob made motion to continue until next month pending a submission of a Roadway Improvement Pan per the DPW suggestions, seconded by Arthur.    All in favor.  Hearing closed at 6:56 PM   Next hearing is on May 5, 2011


Public Hearing - Form J  Plan – Waiver of frontage – split one lot into two lots  – for property located  on the northerly side of Tremont Street, known on Assessor’s Property I.E. 49-12,      
Roll Call:  Spencer, Campbell, Abreau, Lopes, Medeiros, Faulkner, and Dermody present. Hearing opens at 6:59 PM.   Paul Patneaude, P.E., and Atty. Mathew Costa, and Jack Quatrocchia, Court Co. were invited into the enclosure.
City Planner Kevin Scanlon stated dept. comments from himself, Conservation Commission, and B.O.H. had no issues with this proposal.  Atty. Costa stated they received ZBA approval and they need waiver of frontage, they are sharing driveway.  Bob asked about the site distance?  Paul answers site distance is good and the ZBA put condition on plantings to start 10 feet back.  
Dick made motion to open public input, seconded by Alan. All in favor.
No one appearing in favor or opposed.
Dick made motion to close public input, seconded by Alan. All in favor.
Bob asked if there was any agreement with shared driveway relative to snow removal?   Atty. Costa stated they are proposing agreement between both parties.  Kevin stated Atty. Gay’s office is familiar with the documents.


Bob made motion and seconded by Dick to approve the Form J with the following condition:

  • Submit driveway maintenance and snow removal agreement for Lot 1A & Lot 1B to the City Planner for approval.
All in favor.  Hearing closed at 7:02 pm.

SRPEDD -  Planning Board Representative – term May 26, 2011 – May 31, 2012.
Dick made motion to nominate Anthony Abreau, seconded by Bob. All in favor.

Letter from City Planner – Increase in Planning Board fees  
The City Planner has submitted a request to increase some fees for the Planning Board. Due to the budget he was asked to look at the fee schedule. He has submitted a comparison to Raynham and is asking the board to send this to a public hearing for next month to vote on.   Kevin stated that he increase a few fees but not all, the proposal is based on the actual cost is it to review filing, staff, engineers review, etc.    Several Board members thought that the fees could be higher, to be more equal to Raynham but Kevin stated their fees are really high and he’s comfortable with his proposal.    
Dick made motion to schedule a public hearing for May 5, 2011, seconded by Alan. All in favor.

Manny brought up the development of the medical center on the corner of Bay Street and Industrial Park Road of which they approved.  His concern was they cut all trees down.  He was wondering if there would be any trees re-planted for landscaping buffer. Several other member were also concerned and have received phone calls relative to the lot clearing. Bob stated it was noted on the plans they were going to clear trees, however they were going to try and save some.   Tony stated they have not applied for any curb cut permits and he informed they need or get fined.  
Arthur made motion to forward letter to owner requesting them to implement the landscaping buffer as soon as possible, seconded by Tony. All in favor.

Chairman Dermody stated he has received public hearing notice from City Clerk for 96 streets for street acceptance. City Engineer stated these are streets that pre-date subdivision control law.   Tony stated there are a lot of streets in the City that are not accepted.  This will help with Chapter 90 monies.  
Bob made motion to forward a positive recommendation, on the recommendation of the City Engineer, to the Municipal Council to accept the following streets:

Alegi Avenue, Alpine Avenue, Barnum Place, Bartlett Street, Bates Street, Broadway Avenue, Campbell Court,  Cherry Avenue, Church Avenue, Claffy Street, Clarence Avenue, Clark Avenue, Clark Street, Clay Street, Cornell Avenue, Creedway, Crossman Street, Dexter Avenue, Dinley Avenue, Duncan Drive, Edson Street, Fairbanks Avenue, Fayal Avenue, Ferrier Street, Foss Avenue, Galligan’s Court, Grande Avenue, Greenhill Street, Greystone Street, Gushee Lane, Hamlen Street, Hart Avenue, Harvard Street, High Street Ext., Hillside Drive, Holyoke Street, Hood Street, Hoover Street, Hopewell Court, Hopewell Street, Howard Street, Jefferson Avenue, Jefferson Court, Kilton Place, Kurt’s Place, Leonard Court, Lincoln Street, Locust Street, Lynn Street, Makepeace Avenue, Matteson Lane, McSoley Avenue, Meadow Place, Mechanic Street, Merchant’s Lane, Middle Street, Mineral Street, Monroe Avenue, Montclair Avenue, Oakland Avenue, Oaklawn Avenue, O’Connor Street, Parker Terrace, Parkview Street, Perry Avenue, Power Street, Powers Avenue,  Red Lane, Richard Street, Riverside Avenue, Sabbatia Lane, Seventh Street, Shepard Street, Sherborne Street, South Avenue, Spring Lane, Talbot Avenue, Taylor Street, Thrasher Avenue, Vinson Street, West Summer Street, White Avenue, Whitsborough Street, Wilde Avenue ( west of Tremont Ave) , Williams Avenue, Wilmarth Street, Wilson Street, Winthrop Lane, Woodbridge Street, Woodwards Lane, and Wynne Street.  

Chairman Dermody stated he talked to the City Planner in regards to updating the Master Plan. Kevin agreed it needs to updated but he asks they hold off until at least summer.  Due to the possible budget, there may be layoffs affecting his staff.  Last time he did it he had 5 interns working with him and now they don’t have any money for it. Manny asked if the proposed fee increases cover all the staff in is office?  Kevin answers no but they have not in the past, it all depends on the development.   

Meeting adjourned at 7:33 PM.