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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: July 16, 2009
BOARD MEMBERS: 1. Daniel Dermody, Chrmn. 5. Richard Faulkner, Clerk
2. Arthur Lopes 6. Bob Campbell, V.C.
3. Tony Abreau 7. Manuel Spencer
4. David Pimental
ADVISORS:
8. James F. Greene, City Engineer
9. Kevin Scanlon, City Planner
Roll Call: Spencer, Campbell, Lopes, Abreau, Faulkner and Dermody present. Meeting opens at 5:33 PM.
Arthur made motion to accept June 4, 2009 minutes, seconded by Tony. All in favor.
Cont’d. SRPEDD – Planning Board Delegate - term from May 27, 2009 thru May 31, 2010. Tabled from last month.
Arthur nominates Tony Abreau to be the SRPEDD Planning Board Delegate, seconded by Bob. All in favor. Tony accepts.
Public Hearing- Form J – 29 Bennett Street Ext. – Waiver of frontage requirements – to split one lot into two lots. (See ZBA Case # 2962)
Hearing opens at 5:34 PM. Roll Call: Spencer, Campbell, Abreau, Lopes, Faulkner, and Dermody present. Kevin read letters from the City Engineer, Water Dept., and he had no opposition to request.
Dick made motion to place dept. comments on file, seconded by Tony. All in favor. Paul Patneaude was invited into the enclosure. Paul stated the Melissa Vasconcelos is getting married and wishes to have house next parent. The ZBA approved and now they need waiver of frontage. No one in favor or opposed to petition.
Dick made motion to close public input, seconded by Arthur. All in favor.
Dick made motion to grant Form J plan, with the City Engineer’s correction on plans before endorsement. Seconded by Arthur. All in favor. Hearing closed at 5:40 PM.
Public Hearing – 34 ½ Briggs St. - Form J – Waiver of frontage requirements – to split one lot into 5 lots and a Special Permit to allow a common driveway to service 5 lots- Submitted by Kevin Wells (See ZBA Case # 2951
Roll Call: Spencer, Campbell, Abreau, Lopes, Faulkner, and Dermody present. Hearing opens at 5:40 PM.
Kevin read letters from himself, Fire Dept., Engineer, B.O.H., Conservation Commission which were read into the record. It was brought to the Board’s attention that the City Engineer’s letter and the Fire dept. had different no parking and the City Engineer stated he’s ok with the Fire Dept. 20 feet. Dick asked if this roadway will remain private and it was answered yes. There will be a homeowner’s association to take care of plowing, sanding and maintenance. Bob asked Mark if he was aware that #36 Briggs Street was already taken according to the ZBA decision. Open public input. Paul Patneaude, P.E. stated this property is 4 ½ acre parcel behind Briggs Street and the only access is 20 foot wide driveway. They initially proposed duplexes on these
lots but after hearing and meeting with neighbors they changed their proposal to single
Page 2 of 5 – P.B. Minutes – July 16, 2009
family dwellings and the fifth lot has a 2 family which they may remodel. Paul stated they went to ZBA and had a lot of public input. They scheduled meeting with Knight Street neighbors and they were satisfied with the proposed drainage. They had separate meeting with Briggs Street neighbors and their concern were open space and they decided to leave some open space and there will be some land conveyed to abutters. Dick asked what prohibits the neighbors from developing that property? Kevin stated nothing but they would have to go before the ZBA but it would b e very difficult. It was stated Parcel C is wet and Parcel A is abuts Hazardous issues. (St. Germain property) It was stated you cannot build with 200 feet of a riverfront and parcel B is non-buildable because the river goes thru it. Public Input: Jeff Henriques, 30 Briggs St., stated he ‘s in favor. The property is an eyesore right now and the proposal would be an improvement. He stated this is good for the
neighborhood with the land swap. No opposition.
Dick made motion to close public input, Seconded by Arthur. All in favor.
Arthur asked about the entrance to 34 ½ Briggs Street and where is the drainage going? The drainage will go into the detention basin and it will outlet toward the wetland (brook) Paul stated the 20 foot wide driveway is substantial and there will be plenty of room for 2 vehicles. There will be a new sewer line going in with grinder pumps. Tony stated they have contracted Lopes Construction to do the water next year. Paul stated the 1 ½ swale will take water down and away. Manny asked about the fire trucks being able to drive down 20 foot wide driveway. It was noted both the Fire Dept. and City Engineer letters stated a fire truck could fit. It was asked who would enforce the private way? Kevin stated it be under the 21D process thru the zoning enforcement
office. Paul stated the only people who will be using the driveway will be who lives there or company. Manny asked whose responsible for plowing and the maintenance of the driveway? He wants to make sure in the future the City doesn’t incur any expenses with the driveway. Paul stated each deed will indicate the homeowner’s association and their responsibilities. Paul stated the association has the ability to take action if the owners don’t participate in the rules & regulations. Dick asked what happens if Lot 1 is having party and they have extra cars parked? Paul stated they have provided extra parking on each lot. Lot 5 has the existing 2 family which they haven’t decided if they will renovate it but the shed will be coming down. Bob asked about the easement should be extended to go around the turnaround. He also stated the exiting concrete sign (34 ½ Briggs St.. sign) should
be replaced with a new city street reflective sign. Also put 2 concrete wheelchair ramp on each side. Paul stated they could do that.
Arthur asked about trash collection? It was noted the dumpster would be maintained under the homeowner’s association. Bob stated the current plans show 1 ½” and 2 ½” pavement? Bob suggested some standard of driveway maintenance must laid out. Kevin suggests if the City plows or sand then the homeowner’s association must do same. Driveway must be kept clear of vegetation and 20 foot width at all times and pot hole free at all times. Kevin suggested increasing the width after the you get into the property. Paul stated that 20 feet is wide enough and it clearly complies with the national standard of a low volume roadway. Bob stated since the Cobb Brook is in close proximity he would like to keep it at 20 feet wide. Tony stated that there have
been a few other places in the City (Field Street) that are a little narrower. Paul stated there is a conflict between the City Engineer’s and Fire Dept. letters with regards to parking? Captain Robert Bastis, Kilmer Avenue, Taunton, Ma. stated he reviewed plans and has gone on 9 separate occasions to evaluate the site and he stated parking is not an issue. There is plenty of off street parking. His concern is the 20 foot wide section. Once cleared and the brush is removed there will be plenty of room for fire truck to travel. He stated in front of 38 Briggs St. there is a driveway that abuts this driveway so you can’t park there anyway.
He stated there would be a problem if someone were to park in front of 34 Briggs Street, it would be difficult to make turn into driveway. Kevin asked if cars were parked on both sides would a fire truck get through? Captain Bastis answers no, it would be very difficult because it only leaves 6 feet. Bob asked where the nearest hydrant was located? Paul answers next to 38 Briggs Street. There will be a new hydrant and end of common driveway and they could lay line. Mark noted they park on the even side of the street all the time.
Page 3 of 5 – P.B Minutes – July 16, 2009
Captain Bastis stated more than likely the fire truck will be coming from Weir Street so there will be no need to limit parking across the street. Mark was in agreement.
Bob made motion to approve the Form J & Special Permit for common driveway with the reconciled dept. comments and the following conditions:
1. A “ No Parking Zone” be established 20 feet east of the driveway entrance, on the south side of Briggs Street, in front of 34 Briggs Street. This would deter people from parking within 20 feet of the entrance to this drive. No Parking Zone is a City Ordinance and must be approved by the Municipal Council.
2. Homeowner’s Association documents must be established and recorded at the Registry of Deeds requiring all facilities on the parcel to be maintained by the Homeowner’s Association, including sewer, water, drainage, plowing, sanding, driveway repair and sweeping prior to any building permits being issued.
3. Replace the existing 34 ½ Briggs Street concrete post sign with a new reflective City street sign identifying address and unit numbers.
4. The entire length of the common driveway must be maintained to a passable 20 foot minimum width at all times. Additionally, whenever the City plows or sands adjacent streets then the common driveway MUST also be plowed or sanded by the Homeowner’s Association or designee. The entire length of the common driveway shall be pothole free at all times. The driveway should be kept clear of any vegetation
5. Install 2 concrete wheelchair ramps on each side of driveway to the extent possible.
6. Label the Easement as an Access & Utility Easement and extend it to include the whole turnaround on Lot 1.
7. After the first 150 feet the access easement shall be extended by 5 feet on the southerly side for a minimum total width of 25 feet.
8. Plans must show a 1 ½ “ top coat with 2 ½” binder course.
9. The first 150 feet of the common driveway be designated a “FIRE LANE” and absolutely no parking be allowed in this common driveway. Signage and marked fire lanes should be required.
10. The maximum number of units is 6.
Motion seconded by Dick. All in favor. Hearing closed at 6:25 PM.
Roadway Improvement Plan – Herbert Street – Fasolo – proposed improvement is 155 feet creating frontage for 2 lots - See ZBA Case # 2934
Kevin read letters from himself, Fire Dept., Water Dept., B.O.H., and Conservation Commission which were placed on file. Atty. David Gay and Paul Patneaude were invited into the enclosure. Atty. Gay stated they would be putting water easement on property I.D. 106-171 and 106-170 as stated in the Water Dept. letter. Paul stated the Planning Board granted Form J with the condition they come back with a Roadway Improvement Plan. Paul stated they are putting water and drainage work in the best place. Atty. Gay stated the Form A Plan was just approved and there will be some conveyance of land with abutters. Atty. Gay stated they agree with the Water Dept. and he asked if he could change the wording on the approved Form A. to read 15 foot drainage/utility easement. Kevin stated the form A is granting frontage only. Atty. Gay stated they are proposing 155 feet of improvements with a turnaround at the end with drainage. City Engineer asked about the drainage on plan and Paul
said they fixed on new plans. Atty. Gay stated they have no problem with the department comments. Tony asked about the water easement? It was asked if it would
Page 4 of 5 – P.B. – July 16, 2009
be one main line going in? It was state it could be a 2” main and then it can split for the 2 lots. Bob asked about Lot 2 and the driveway? Atty. Gay stated they will have an agreement with maintenance. Dick asked if these lot are owned by family? Atty. Gay answers yes they are now.
Bob made motion to approve Roadway Improvement Plan for Herbert Street to include dept. comments with the omission of #3 in the Water dept. letter. Seconded by Tony. All in favor.
Pat Ree Drive – Request for Street Acceptance – Need to forward a recommendation to the Municipal Council
City Engineer Mark Slusarz stated this is going for street acceptance before the Municipal Council and he recommends approval.
Bob made motion to forward a positive recommendation to the Municipal Council for street acceptance for Pat-Ree Drive, seconded by Manny. All in favor.
Libby Estates – Request of reduce surety - requesting release of $22,000 - located off Harvey St. – Yvon Nadeau
Yvon Nadeau was invited into the enclosure. Kevin stated the request is for a reduction of surety. We are holding $70,000 and Lot 3.
Bob made motion to grant his request and release $22,000 of the surety to Yvon Nadeau, Seconded by Dick. All in favor.
Harvey Hills Estates – Requesting release of all lots (Lots 2-9) – holding 0 surety.
Kevin stated the petitioner is requesting the release of all lot which would mean they have to post double the amount completion costs. He spoke to the petitioner and they indicated they would like to have 5 lots released and Kevin suggests posting $20,000 per lot. Gilbert Lopes and Peter Walski were invited into the enclosure. Mr. Lopes asked if he could have Lots 4,5,6,7,8 released.
Dick made motion to release lots 5 lots upon receipt of $20,000 per lot. Seconded by Tony. All in favor.
Bob asked when they were going to move the pole and Mr. Walski stated the work order was in. Bob suggested putting up the street sign. Chairman Dermody thanked Mr. Lopes for the fencing he put up along the railroad tracks.
Public Hearing – Proposed Revisions to the City of Taunton Zoning Ordinance – Special Flood Hazard Districts
Roll Call: Spencer, Campbell, Abreau, Lopes, Faulkner, and Dermody present. Hearing opens at 6:36 PM.
Kevin stated there are no department comments. He stated there is basically 2 proposals, one is the establishment of the Flood Hazard District and the other is the zoning map date. He stated the map should reflect date of October 2008 to reflect the new FEMA map. This is required so the City and its homeowners will be eligible for flood insurance. No one appearing in favor or against petition.
Bob made motion to close public input, seconded by Bob. All in favor.
Bob made motion to forward a positive recommendation to the Municipal Council for these proposed changes, seconded by Manny. All in favor.
City Engineer Mark Slusarz excused at this time, (6:41PM)
Page 5 of 5 – P.B. Minutes – July 16, 2009
Public Hearing – Proposing Zoning Changes – dated June 10, 2009 – Authority & Site Plan Review Threholds (Section 15.1.5 & 15.2 ) Need to forward a recommendation to the Municipal Council
Roll Call: Spencer, Campbell, Abreau, Lopes, Faulkner and Dermody present. Hearing opens at 6:41 PM.
Kevin stated that this came up in discussion about how the Site Plan Review process works. When it first stated everything went to the Municipal Council and now some are done administratively through the DIRB process. It was brought up that there wasn’t sufficient input. Kevin stated the major change is that if a project is larger than 100,000 sq. ft. it has to go to the Municipal Council and not a Departmental Site Plan Review. It was suggested adding “as new building”. Bob suggested changing to read building and not project. After some discussion it was suggested changing the wording.
Bob made motion to forward a positive recommendation to the Municipal Council with the following change:
Any new project or addition that is larger than 100,000 sq. ft. of gross floor area in size. Needs to go to the Municipal Council. Seconded by Tony. All in favor. Hearing closes at 6:50 PM.
Meeting adjourned at 6:50 PM.
Next meeting will be September 3, 2009
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