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11-5-09 minutes

************************************************************             
           TAUNTON PLANNING BOARD MINUTES
      CITY HALL, TAUNTON, MA 02780
             **************************************************************

DATE:  NOV. 5, 2009                                                                                             PAGE NO:  1

BOARD MEMBERS:           1.  Daniel Dermody, Chrmn.        5.  Richard Faulkner, Clerk  
                                              2.  Bob Campbell                          6.  Arthur Lopes
                                             3.   Manuel Spencer                      7.  David Pimental
                                             4.   Tony Abreau
ADVISORS:                         
                                              8.   Kevin Scanlon, City Planner
9.      Mark Slusarz, City Engineer

Meeting opens at 5:30 PM.

Roll Call:  Spencer, Campbell, Abreau, Lopes, and Faulkner, Dermody present at 5:41 PM.   

 Arthur made motion to accept minutes of October 1, 2009, seconded by Tony. All  in favor.   

Walker Avenue Extensioncompletion of subdivision – holding $3,000 mylar deposit. -
Clerk Faulkner read letters from T.M.L.P., City Engineer, B.O.H., Water Dept., Cons. Comm. And City Planner were read into the record and placed on file.  All in favor of release monies.
Dick made motion to release the remaining $3,000 Mylar Deposit to petitioner (Weber deMatos), seconded by Manny. All in favor.

Conway EstatesRequest for release of Lot 2, 4 & 6 –  holding 0 surety and all lots.
Clerk Faulkner letters (2) from the City Engineer, and Field Engineer (Outside Consultant) into the record which were placed on file.
Petitioner invited into the enclosure. Brian Conway, 154 School St., Rehoboth, Ma. stated he is requesting release of 3 lots.  Acting Chairman Campbell asked if the binder & sidewalks are in yet. Mr. Conway answers the binder course is in but no sidewalks yet.  Bob stated explained how they calculate the monies for lot releases. Normally they take the completion cost and divide by the number of lots.  Mr. Conway asked if he could get one lot at a time.  Acting Chairman Campbell explained that you need to let the Board know what lots he wants.   The secretary clarified that he has to indicated what lots but he can pick up one lot release at a time as long as he posts the correct amount of surety for each lot.

Manny made motion to release lots 2, 4 & 6 upon receipt of $34,500 (or $11,500 per lot) of surety for Conway Estates. Motion seconded by Dick. All in favor.

Chairman Dermody present at 5:45 PM.  

Courtland Estates - Letter from Scott Faria, on behalf of Yvon Nadeau  - requesting waiver of filing fees for proposed subdivision. (formerly Courtland Estates)
Scott Faria, Yvon Nadeau and Atty. David Gay were invited into the enclosure.  Atty. Gay stated he is here tonight because he represented the original owner of this subdivision, John & James Quattracchia.  The subdivision is on the Taunton/Rehoboth line.  Atty. Gay stated 2 things happened the economy took a turn for the worst and one of the owner/brothers, James, 55 years of age. Passed away unexpectedly of a heart attack.     His wife is not inclined to develop the subdivision. Mr. Nadeau has a P&S agreement to purchase land contingent on P.B. approval.  Atty. Gay stated they tried to market the subdivision but have been unsuccessful.  Mr. Nadeau proposed to submit a new plan showing a cluster development instead of a conventional.  Atty. Gay stated the original filing fees were $115,380 includes mylar deposit.  That was paid by the previous owners and he asks the Board to consider Mr. Nadeau’s proposal a modification which would be less of a filing fee.  The filing fee is based on the acreage, inspection & design review fees.  If it’s consideration of modification then it would be 10% of the original filing plus field inspection and design review fees.   Chairman Dermody asked if Kevin Scanlon has any recommendation on this?  The secretary informed the Board that it came in after Kevin was out on medical leave.  Atty. Gay stated he didn’t talk to Kevin but Scott Faria did.  Scott said that Kevin didn’t treat it as a modification when talking with him.   Bob stated the previous owners are selling an approved subdivision.  He stated it’s the same piece of land with a conventional subdivision and now they wish to put cluster subdivision.  They paid the fees already based on the acreage.  Tony asked if the roadways will remain private?  Scott stated no they will be accepted but there will be a homeowner’s association which will maintain the open area and detention basins   It was the concensus of the Board that a cluster would be much better and found it to be a modification of the previously approved subdivision.

Manny made motion to approve and finds the new proposal a Modification of the approved subdivision, seconded by Bob. All in favor.  


Public Hearing – Form J -  Waiver of frontage  requirements – to split one lot into two -  60 Plain St., See ZBA Case # 2973 – submitted by Brian & Eva Dupont
Hearing opens at 5:51 PM. Roll Call:  Spencer, Campbell, Abreau, Lopes, Faulkner, and Dermody present.  Clerk Faulkner read letters from City Planner, Fire Dept., B.O.H., Cons. Comm. Was read into the record and placed on file.  
Bob made motion to invite petitioner into the enclosure. Seconded by Dick.   Atty. Alan Medeiros was invited into the enclosure.   Atty. Medeiros stated this property is located on the corner of Plain Street and Akron Lane, an unaccepted street in the City.  They received ZBA approval and now needs waiver of frontage.  But they do technically have frontage, just not on an accepted street.   The lot was split about 40 years ago but never acted on.  The petitioner thought she had 2 lots but was informed she doesn’t’.  Her son intents on building house on lot. Atty. Medeiros stated there are several houses on the Akron Lane, some pre-date zoning and some received zoning approval.  Bob stated there is adequate frontage & lot area for the Urban Residential District requirements, just the frontage is not on an accepted street. It was asked if there is  City water & Sewer and it was answered yes.   
No one appearing in favor or opposed to proposal.

Arthur made motion to close public input, seconded by Manny. All in favor.
Arthur made motion to approved the Form J for 60 Plain Street, seconded by Manny. All in favor.   Hearing closes at 5:59 PM

Public Hearing – Modification of Form J  - Waiver of frontage requirements – to split one lot into two – 145 Shores St.,  submitted by Anthony Mendoza – The Modification is to REMOVE the condition that requires sewer.
Hearing opens at 5:59 PM , Roll Call:  Spencer, Campbell, Abreau, Lopes, Faulkner and Dermody present.  Clerk Faulkner read dept. letters from B.O.H., Cons. Comm., City Planner, Water Dept, Fire Dept. and City Engineer which were placed on file.  
Bob made motion to invite petitioner into the enclosure.  Chris Gallagher, Gallagher Engineer, 35 Gallagher Place, Raynham, Ma. was invited into the enclosure. Anthony Mendoza, 265 Plain Street, petitioner also entered the enclosure.  Chris stated that Tony appeared before the Board and agreed to the sewer condition and later found out the price would be cost prohibited. Viola (sewer for the City) is requiring the sewer to be   
about 23 feet in the ground which would cost about $150,000 for 2 lots.  Their request is to remove the condition that requires the lots to be service by municipal sewer.  Chris stated at the previous meeting Tony agreed to sewer because he believed it would cost around $40,000.  Manny asked how many lots?  Chris answer  only 2 lots.  This lot was split by the ZBA and had old house located on it but now has been removed after several fires.   They are proposing 2 septic systems on each lot.  No one appearing in favor or against this proposal.
Dick made motion to close public input, seconded by Bob. All in favor.  
Manny made motion to approved the modification by removing the sewer condition, seconded by Bob. All in favor.    Hearing closes at 6:08 PM.

Public Hearing – Proposing Zoning Change – Section 5.2 Table of Use – Medical Facility   Submtited by the City of Taunton
Hearing opens at 6:09 PM.  Roll Call:  Spencer, Campbell, Abreau, Lopes, Faulkner, and Dermody.  
Clerk Faulkner read letters from T.M.L.P., Conservation Commission, Water Dept., B.O.H., Fire  Dept. and Water Dept. into the record and placed on file.  Clerk Faulkner he thinks this is a good change, having it go to the Council for Special Permit. Now the ordinance is very vague.  The proposed use should be regulated and should be away from schools.  Bob stated the ordinance needs to be more specific and this will help that.  Several members thought it was good planning.  No one in favor or opposed.   
Bob made motion to close public input, seconded by Tony. All in favor.
Bob made motion to forward a positive recommendation to the Municipal Council for zoning change, seconded by Tony. All in favor.   Hearing closes at 6:15 PM.

Letter from Mass. Development – relative to revenue bond on behalf of Cooperative Productions Inc.  pursuant to MGL Chapter 23G and 40G – properties in Taunton, E Taunton, Dighton, N. Dighton,
Letter was sent to all Planning Board members and placed on file.

Motion to adjourn meeting at 6:15 PM.