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TAUNTON PLANNING BOARD MINUTES
Meeting held at Maxham School, 141 Oak St. Taunton, Ma.
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DATE: March 6, 2014
BOARD MEMBERS: Daniel Dermody, Chrmn. Anthony Abreau
Bob Campbell V.C. Arthur Lopes
Manuel Spencer, Clerk Joshua Borden
John Reardon
ADVISORS: Mark Slusarz, City Engineer
Kevin Scanlon, City Planner
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Roll Call: Borden, Abreau, Lopes, Reardon Spencer and Dermody present. Meeting opens at 5:34 PM.
Josh made motion to accept minutes of February 6, 2014 meeting, seconded by Arthur. All in favor.
PUBLIC MEETING - ROADWAY IMPROVEMENT PLAN – TRIMOUNT AVENUE – land located on the west side of Trimount Avenue, Taunton, Ma.. Proposal is to improve the roadway 498 feet to create frontage for one residential lot.
Clerk Spencer read department letters from B.O H., Water Dept., City Planner and Conservation Commission which were placed on file. John Powers & Matt Powers, 127 Field Street, were invited into the enclosure. John stated he bought the house 12 years ago and now he wishes to develop other lot for his son to build house. They will be putting a well in because the watershed is past the property. They will make the existing gravel roadway a little wider. They received ZBA approval. Josh asked why the plans doesn’t show water line? They never tied into it and they are putting a well in. Josh thought this would require a Form J approval but the City Planner says no because the lots is already existing. John asked how wide is the roadway? The Right of
Way is 40 feet wide and there are some points that are only 15-18 feet wide. Manny asked if the road is blacktop or gravel? It was answered gravel. He asked who plows and they answer the City plows. He has a problem with that. The road doesn’t meet the City’s standards. John asked about the proposed turnaround on Edgehill Drive? Josh asked about the water runoff and the natural low point? Manny stated the street is not paved and there are people living there? Opposed: Mark Hyney, 23 Trimount Ave stated the City doesn’t plow, G. Lopes does. They push snow to his house. Opposed: Yvonne Quirk, 23 Trimount Ave. stated there is no sewerage and they have to bring their trash to the end where the mailboxes are. There are 2 houses on this road. Kris Kauffman, 15 Trimount Ave. also opposed. She quotes the definition of “improvement” and states the
extension of a gravel road will cause more snow problems and there are issues with the swampy land. This is unnecessary construction. Opposed: Theresa Connor, 45 Montclair Ave. stated in her opinion, this is not an improvement. Maria Grace, 15 Montclair Ave.. stated she lives on the corner of Montclair Avenue & Trimount Aveue. She was concerned with losing some of her land. Several Board members informed her it may be not her land, it would be the Street ROW.
After some discussion the Board decided it was best to continue and have the applicant mark out the roadway and width to let the abutters see where it is. Also to have their engineer present.
Josh made motion to continue until next month, seconded by Arthur. 5 in favor, 1 opposed, 1 absent.
PUBLIC MEETING - Site Plan Review for property on 440 Winthrop Street for a 873 square foot addition totaling a 1,449 square foot building to be used as a convenience store in conjunction with the existing gas station submitted Yehia Alani, Alani’s Realty LLC.
Clerk Spencer read department letters from DIRB and TMLP which were placed on file. Atty. Melinda Kwart , Percy Law Offices, and Abdulnkader Namadeh, Architect and petitioner Yehia Alani,r were invited into the enclosure. Atty. Kwart they met with the DIRB and have a very production meeting. They will have to file with Conservation Commission. She stated they will comply with all the DIRB comments and submit updated plans. They are adding 800 square feet to an existing building and not harming any vegetation. Manny asked is the existing building would be razed? Atty. Kwart stated they will be razing but use the foundation and add on the 800 sq. ft. addition. Manny asked about the location of the pumps. It was discussed how the trucks would enter.
John asked about store hours and they answer weekdays 5:00 AM – 9:00 PM 7 days, but Saturday & Sunday less. Open public input, No one in favor or opposed.
Manny made motion to approve the Site Plan Review to include DIRB comments. Seconded by Tony. All in favor.
Condition #1) That the plans dated February 2, 2014 shall govern with the following additional conditions:
Condition #2) A set of updated plans shall be submitted that conform to all of the requirements of this decision before any building permit will be issued. Two sets are required.
Condition #3) Lighting shall not illuminate any portion of abutting properties.
Condition #4) The Site shall be kept clean and clear of debris.
Condition #5) Two sets of As-Builts shall be submitted upon completion of all work on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans. Plans shall show at least all of the information shown on the proposed plans referenced in condition #1 above and all utility as-builts.
Condition #6) The dumpster shall be located on a concrete pad, shall be enclosed with a stockade fence, shall be kept closed at all times and be emptied regularly.
Condition #7) The site shall comply with the conditions of ZBA Case # 3212.
Condition #8) A food plan review, tobacco and/or retail food permit from the Board of Health is required.
Condition #9) The dumpster shall be moved to the rear of the site to the west side of the propane enclosure.
Condition #10) a dumpster permit is required from the Fire Department.
Condition #11) A Hazardous Materials plan is required from the Board of Health.
Condition #12) The handicap space shall be moved to be located 8.2 feet from the property line in front of the building and the accessible aisle shall be added.
Condition #13) Spaces p-2 and p-3 shall be elongated to 22 feet and p1 and p2 to 20 feet and the spaces shall be moved to the west as much as possible.
Condition #14) Space p-5 shall be moved to the front of the building next to the handicap space.
Condition #15) The project shall file for and comply with the Order of Conditions from the Conservation Commission.
Condition #16) No drainage from the roof shall flow onto the abutting property.
Condition #17) Both curb cuts shall have two way circulation and the arrows shall be removed from the plan.
Condition #18) the donation box shall be removed.
Condition #19) The contours shall be added to the plan.
Condition #20) Parking spaces shall be striped.
Condition #21) The tree line shall be added to the plan.
Myles Standish Ind. Park – Street Acceptances – Independence Drive, John Hancock Rd. & Constitution Drive -
Clerk Spencer read letters from the City Engineer and Board of Health which were placed on file. Tony stated there have been improvements done but there is still more work. He suggests not forwarding a recommendation until we get a Memo of Understanding from them. There was some discussion as to continue until we get the Memo of Understanding. Bob Field asked the Board to condition it upon receipt of the Memo of Understanding and then the Board can release it’s recommendation. This will eliminate him from coming back to another meeting. The Board was ok with that.
Tony made motion to forward a positive recommendation for Independence Drive, John Hancock Rd. and Constitution Drive UPON RECEIPT and approval by P.B. of the Memo of Understanding . seconded by Josh. All in favor.
Copy of Notice of Intent to Sell for Other Use – Pursuant to MGL Chapt. 61A-sec. 14 – property on Burt St. – 17.15 acres owned
by Bruce F. LaFleur & Beverly A. LaFleur.
This is to notify the City that the land will be for sale. Arthur stated they will have to pay taxes when coming out of Chapter 61A.
Josh made motion to received and placed on file. Seconded. By Manny. All in favor.
815 Middleboro Avenue (SP for common driveway & form J) – Request to release lot 1 (has existing house on it) - Wm. Frennette
Atty. Michael Strojny 277 Winthrop Street and Atty. William Maganiello, Airport Commissioner and Fred Terra were invited into the enclosure. Manny reads letter from applicant requesting lot release. Chairman Dermody stated we are here tonight just for the lot release request. He understands that there will be future request. Chairman Dermody asked about the fence and deeds that were supposed to be completed. Atty. Strojny stated they cannot put up fence until they get this all settled. Atty. Manganiello stated the ZBA and P.B. incorporated all the conditions in the Memo of Understanding in each of their decisions. Atty. Manganiello stated the deeds have not been done yet. He stated the Airport is affected by this as it affects their grants.
Atty. Strojny gave background on case and they will be coming before the P.B. for a modification. Atty. Strojny said tonight he is here to ask for the lot release for the existing house which should not have been included in the covenant. Manny asked if they turned the land over to the City yet per the Memo of Understanding? Atty. Manganiello answered no. Manny asked Atty. Strojny why? Atty. Strojny sated it draft deed was forwarded to Maryan Nawak, Airport Commissioner and then it was forwarded to the law office on Jun 2013 and the City Solicitor and him met January 9, 2014 . Atty. Strojny stated the City Solicitor need to do some steps and if approved it will be signed. The other deeds goes back to a case form 1990 and 1950 . Atty. Manganiello stated the Federal Government is requiring an 8 foot fence and he thinks that supercedes zoning. Mr. Terra asks the Board not release the
lot because just holding 3 lots is not enough incentive to get these things done.
Manny made motion to release lot 2 once deeds are recorded and fence is up. Seconded by Josh. All in favor.
It was suggesting contacting the City Solicitor to see what language to use when referring to the City or Airport on the deeds.
34 ½ Briggs Street – Update on outstanding items.
Manny Spencer excused. Mr. Kevin Wells was invited into the enclosure. Department comments from the City Engineer and Conservation Commission were read into the record and placed on file. Mr. Wells stated he has done everything out there as it was approved. He will be laying topcoat in Spring. He spoke to Captain Bastis about having the whole driveway be designated as a Fire Lane so the Police can enforce no parking. Arthur stated there is a ditch wide open and a couple of poles down. Mr. Wells stated if the City wants him to fill in ditch then he thinks all homeowners should contribute. Arthur stated it’s a safety hazard. Mr. Wells stated that is how it was approved. Arthur asked about the fence and Mr. Wells stated it’s not his and he
has spoke to the owner and he hasn’t done anything. Mr. Wells stated it was the abutters concerns last month with safety but they park in the driveway and the snow is left in driveway creating safety concerns. John asked who is responsible for snow removal and the Board answers it’s the homeowners’ asocaiton. Atty. Carlos Sousa representing the Association. He stated there are a lot of issues and he states he is putting Mr. Wells and the P.B. on notice. He stated there were promises made and he thinks all the required works has not been done. He stated the Association only wants what was promised and what was approved to be done. Atty. Sousa stressed that the general construction practices and acceptable standards has not been met. He points out the detention basin with plastic pipe has weeds in it. The guard rails have been bent & broken. He stated there should be guard rails encompassing
the whole drive. Chairman Dermody stated this Board is being proactive in calling in this developer and after reading all department comments he has built it according to the approved plans. We cannot force the developer to do something that was not approved. Robert Rodriguez, 34 ½ Briggs Street Unit A – stated he has a 1800 square foot house that was started in Feb. 2011 and finished in 2013. Josh asked how many lots here? Mr. Wells he has one duplex left and there is a total of 5 lots. Pat Schober, 34 ½ Briggs St. Unit B stated she called Mr. Wells and Viola on Dec. 27, 2013 about the sewer. Mr. Wells stated that when he does the top coat the relief valve will be fixed as he knows he is responsible for those kind of things. He stated he put in the drainage that was approved by the Board. Mr. Wells stated he projected his numbers based on a certain amount of lots and he has done everything per the plans with the
exception of the top coat of which he will done in Spring, Atty. Sousa stated that all costs associated with and if not in compliance is the responsibility of the developer. Josh stated the drainage that is there is what was approved. It drains from Briggs street to the back. Atty. Sousa stated in his opinion, it is not built to code. Jen Spencer, 34 ½ Briggs St. Unit D cited safety concerns. Mr. Wells stated the pictures that were presented last month by abutters were old, he met with Conservation Agent and fixed the drainage. Mrs. Spencer stated she didn’t meet with Mr. Wells and the Conservation Agent together. She stated the Agent came out and told her the shed was put up without permit but there really is no other place to put it. Mrs. Spencer stated her shed does not flood but there is water in back of it and that because she put it right where the water drains. She stated her children cannot play in yard
behind shed. There was some discussion as to possibly putting guard rail or fill in ditch and Mr. Wells stated it probably would be less expensive to put guard rails. The Board asked Atty. Sousa if thought the association would contribute for guard rail. Atty. Sousa answers no. They believe there is a difference of what was approved and what was done. Mr. Wells stated he has to finish last unit, put final coat and submit As-Builts. Atty. Sousa stated that Mr. Wells has not paid his part of the association dues.
Invite petitioner back in Mayor for update.
Cont’d. Public Meeting – Site Plan Review – 30 Mozzone Blvd., - for a Registered Medical Marijuana Dispensary in an Industrial District. Submitted by John Greene.
This was kept on until the Municipal Council has their public hearing which is scheduled for March 18, 2014.
Meeting adjourned at 7:28 pm.
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