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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: November 1, 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, Ritz, Spencer, Abreau, Campbell,and Dermody present. Meeting opens at 5:30 PM. Also present was City Engineer Mark Slusarz.
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Mike made motion to accept minutes of October 4, 2012 seconded by Bob. All in favor.
Public Hearing – Form J – 3 Claffy St. – waiver of frontage – to split one lot into 2 lots - Submitted by Tony Bairos.
Roll Call: Borden, Campbell, Abreau, Ritz, Spencer and Dermody. Clerk Spencer read dept. comments from the City Planner, Conservation Commission, Board of Health, and DPW which were placed on file
Josh made motion to invite petitioner into enclosure, seconded by Tony.
Paul Patneaude, Earth Services Corp representing Tony Bairos. They received ZBA approval and they have addressed some comments from the ZBA. The reason why they are here because technically they don’t have frontage. Paul explains they do have frontage but not as the ordinance defines as frontage. The P.B. will see if the frontage is adequate for access. Paul states they have adequate frontage for one lot. The utilities will go in the right of way. Paul stated they can’t get conventional turnaround because they want to stay away from the wetlands. He stated half the lot is wet and there is a 20 foot drop. Paul stated if they were to do some minor extension of roadway they still will not be meeting standards. He stated there will be no more houses constructed
due to the wetlands. There will be wide enough driveway for turnaround. Manny stated they are proposing another house on street, where it’s going? It was pointed out that there are 2 houses on street and this would be the last one, next to #3 Claffy Street. Manny stated he was concerned due to past experience the Board lost in course case regarding having frontage on unaccepted street. Manny stated we thought the roadway should be improved but the court didn’t. He stated it’s not feasible for put cul-de-sac. Tony asked if they received any comments from Fire Dept. and they stated no. Tony stated the cul-de-sac will be on private property. Paul stated the roadway could never be extended again this will be the last house lot. This roadway will not be heavily traveled. Josh pointed out the plans need to have the Mass. State Plane Coordinate Systems on it prior to endorsement. Josh stated he would like to see that prior to construction the City Engineer review to make
sure no more drainage is added to surrounding properties. Mark stated he does that as part of the building permit process. No one in favor or opposed.
Josh made motion to close public input, seconded by Bob. All in favor.
Manny made motion to approve Form J and add Mass. State Plane Coordinates on prior to endorsement. Seconded by Josh. All in favor. Hearing closed at 5:45 pm.
Public Hearing - Modification of Definitive Subdivision - -“Myles Standish Industrial Park – Phase IV Expansion –Section “H” Construction - 220 acre parcel bounded westerly by Constitution Drive, easterly by Bay Street and Southerly by Fremont Street. – creating 6 industrial lots. Modifications are:
Allow the elimination of the sidewalk on one side of the roadway only. The addition of 3,000 linear feet of underground communications duct bank on Colton Dr. to accommodate a re-location of the existing Comcast overhead fibre optic line on Basset St. The addition of 2,600 linear feet of primary underground electric duct bank from Colton Dr. to John Quincy Adams Rd. in the vicinity of the new City of Taunton Water Tower. Change the name of the roadway from: “Charles F. Colton Drive”, to “Charles F. Colton Road”.
Roll Call: Borden, Campbell, Abreau, Ritz, Spencer and Dermody. Hearing opens at 5:45 PM. Bob Field, Field Engineering Co., Russ Burke, BSC Group and Mike Mitchell, MassDevelopment. Clerk Spencer read dept. comments from B.O.H., Conservation Commission City Planner and TMLP which were placed on file. Mr. Field stated originally they received waiver for sidewalks but during the MEPA process they wanted one sidewalk which will start abutting passive recreation land and down side to cul-se-sac to Colton Road. The other changes are some underground conduit cable along old Basset Street. The name change from Colton Road to Colton Drive was just a correction.
Josh made motion to open public input, Seconded by Bob. All in favor.
Deborah Carr, 175 Patridge Circle, has some questions where this property was? Mr. Field pointed out the property is Old Bassett Street to John Quincy Adams Road. It’s nowhere near the real Basset Street.
Mrs. Carr asked where the sidewalk will be going? Mr. Field answered from the curve in Constitution Drive to end of John Colton Road. There will be a 4-foot grass strip.
Josh made motion to close public input, seconded by Bob. All in favor.
Josh made motion to grant the Modification as presented, seconded by Tony. All in favor. Hearing closes at 5:52 pm.
Public Hearing - Definitive Subdivision - - entitled “Myles Standish Industrial Park – Phase IV Expansion – Roadway Segment B - located off John Hancock Road (former Paul A. Dever School site) – to create 6 Industrial Lots.
Roll Call: Borden, Campbell, Abreau, Ritz, Spencer, and Dermody. Hearing opens at 5:52 PM
Clerk Spencer read dept. comments from City Planner, B.O.H., Conservation Commission and TMLP which were placed on file. Mike Mitchell, MassDevelopment, Russ Burke, BSC Group., and Dave Biancavilla, Eng. BSC Group were invited into the enclosure. Dave states this is the 2nd phase of Myles Standish Industrial Park IV, the first phase was Colton Road which was previously approved. This new roadway will be off John Hancock creating 5 buildable lots (42 acres) Lot 11 will be non-buildable and will be transferred to the City of Taunton. There will be 1.200 feet of roadway with 36’ wide roadway with one sidewalk with 5’ grass strip. There will be municipal water & sewer. They will go in front of Conservation Commission on Monday. They don’t have encroachment issues
but have buffer impacts. They submitted list of Waivers which were reviewed by the City Planner and they have addressed City Engineer’s concerns. Bob asked if the drainage is designed for full build out on all lots? Dave answered the lot on the south side will have their own drainage but they can tie into drainage system. Bob asked about the separate unbuildable lot and asked if they can make it part of the road layout? Tony stated depending on tenants that could be used for through road. It was noted that was the site of the Life Science Center.
Bob made motion to open public input, Seconded by Josh. All in favor.
Deborah Carr, 175 Partridge Circle had some concerned. She wanted to know what waivers were being requested. She asked if this was near the power plant. Dave answers the first lot is next to power plant and he stated the group home is about 250’ feet way. The other buffer is 300’? Deborah questioned why the difference and Mike Mitchell stated that’s what was negotiated. Russ stated that they will appear on Monday before the Conservation Commission for an Order of Conditions. Deborah asked what size lots? Dave stated all different they range, Lot 9 has 20 acres, Lot 10 has 11 acres, Lot 7 has 7 acres, and lot 7 has 1.8 acres. Lot 11 has ½ acre which encompasses wetlands and will remain open space. Bob pointed out the remaining land has
frontage on previously approved road. He wanted that pointed out so neighbors are aware of that. They would need site plan review for anything to go in. Deborah asked about water & sewer and Dave answers it will be gravity from John Hancock Road. There will be NO pump stations. Phil Bourret, 7 Basset St. wanted to know if this was near the Dever wells? He pointed out there is 4 wells out there. Bob Field stating this is outside the water acquifer protection district. Bob Campbell stated the ordinance doesn’t prohibit anything going in you just need to be a certain distance away from the wells and they are. This is a zone 3 which is less restrictive, the requirement if 400 feet all around the wells. Mr. Bourret asked if this is where the recreation area will be? The Board let Deborah Carr, a City Councilor, explained how the City and MassDevelopment during Phase IV & Phase V traded off Lot
77E and will keep as open space but the City will be receiving monies and the recreation (25 acre) will be on Jos. Warner Blvd.. Mr. Bourret asked if they will be demolishing the tunnels Mike Mitchell answered they have spent a lot of money and once we have buyer for property they will decide.
Bob made motion to close public input, seconded by Tony. All in favor.
Tony made motion to approve the Definitive Subdivision Plans including dept. comments. Seconded by Bob. All in favor.
Hearing closes at 6:20 pm.
Manny made motion to forward a letter to TDC and cc Council requesting the recording of Deed for Lot 77E and provide the Board with a recorded copy. Seconded by Mike. All in favor.
INFORMATIONAL: Copy of Final Notice of Environmental Industrial Park Expansion & Life Science Center Project – comment period – Nov 7 – Nov. 14th.
Placed on file.
Letter from Big Red Properties LLC – relative to Meadow Land Estates Conservation Restriction
Atty. Jill Zajac was invited into the enclosure. She is the in-counsel for Lopes Companies. Clerk Spencer read letter from Atty. Zajac and City Planner into the record. The City Solicitor’s e-mail was also read into the record.
Bob made motion to place all dept. comments on file, seconded by Mike. All in favor.
Bob stated an amendment of the conservation restriction should be recorded. He stated they are entitled to 10 building permits. Atty. Zajac stated the reason they are confused is that they were not here during the approval process (the acquired property through Foreclosure) and they did receive a copy of the Cert. of Final Action and it states prior to release of certain number of lots the Conservation Restriction needs to be done. She drafted restriction sent it to P.B and they sent it to Law Dept. for review. It was sent back saying it was all set, she recorded it (at a cost of $733) and after it was all completed she was notified it was not right. She sent letter to Jason Buffington and there are 2 different types of conservation restrictions, private and public. She pointed out the
Zoning Ordinance and the State Law contradicts each other. She wants some guidance and some clarification on how to proceed. Does she need to comply with the Zoning Ordinance or the State Law. It’s the City Solicitor’s opinion they should comply with everything. Then there is the issue of the City Planner’s letter and the enforceability of the restriction. She needs guidance on that. Bob stated, in his opinion, the Conservation Restriction needs to be re-submitted to P.B. and we will review and have the Law Dept. review it also. Manny stated if there is a conflict with the P.B. rules & the State rules it’s unfair to Atty. Zajac. Manny suggested sending it to the Law Dept. and City Planner. Bob stated we have received comments from the Law Dept. and City Planner and they both agree it need to be re-done. Bob stated the City Ordinance may need to be looked at and possibly
changed. But until then the restricted needs to be re-drafted. He comments on the “interpretation” of the enforceability and maybe that should be clarified. Manny suggests referring to Law Dept. for clarification on what direction to take. Atty. Zajac stated that City Solicitor Buffington is aware the ordinance doesn’t comply with the state law. Atty. Zajac asks the Board for guidance relative to a private restriction.
Manny made motion to refer to the Law Dept. for clarification on what direction to take and address the “enforceability” seconded by Bob. All in favor.
Prospect Hill Preserve – Core Testing Results – letter from City Eng. & request for a reduction of surety and lot release
Joseph Lynch was invited into the enclosure. Letter from City Planner was read into the record. The binder course was completed without the outside inspector witnessing the work. The Core Testing results showed a few deficiencies and the City Engineer recommends increasing the thickness in some areas of the top course.
The City Planner’s letter recommends reducing the surety to $10,000 and defers the remediation of the top course to the City Engineer. The City Engineer stated the report identified the deficiencies by station and with the exception of a few spots it looks good. He suggests adding another 1/2'” pavement of those spots. He estimated it won’t cost more than $1,000 and he estimated the spot is about 20 x 150 section. Mr. Lynch stated he will do whatever to comply. Bob asked if that will create any drainage problem and Mr. Lynch stated they will make it right.
Bob made motion to approve the lot release and reduce surety to $10,000 and voted to approve the City Engineer’s recommendation to increase pavement thickness to 2 inches. Seconded by Manny. All in favor.
Letter from Municipal Council – requesting all DIRB decisions be forwarded to the Municipal Council for their public hearings.
Place on file.
Meeting adjourned at 7:10 2 PM
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