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TAUNTON PLANNING BOARD MINUTES
CITY HALL, TAUNTON, MA 02780
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DATE: Dec. 3, 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
Roll Call: Dermody, Spencer, Campbell, Abreau, Pimental, Lopes. Also present was City Planner Kevin Scanlon and City Engineer Mark Slusarz.. Meeting opens at 5:35 PM.
Arthur made motion to approve minutes of November 4, 2009 seconded by Manny. All in favor.
Roadway Improvement Plan – E. Water Street – Request to release lots, work has been completed, As-Builts accepted by City Engineer. Building permits issued, just need to release lots from covenant.
Letter from City Engineer stating As-Built have been approved. The improvements are all complete and just need to release lots under covenant and all monies.
Arthur made motion to release Lot 1 & 2, seconded by Tony. All in favor.
Arthur made motion to release mylar deposit, seconded by Tony. All in favor.
Libby Estate – located off Harvey St. (8 lots) E-5 circulated – request to release last lot (holding 0 surety & Lot 3) Yvon Nadeau.
Kevin read letter from the Outside Consultant commending Mr. Nadeau’s work on the subdivision. He goes above and beyond. Letter from City Engineer states he is just waiting for As-Built plan.
Bob made motion to release Lot 3 upon confirmation from City Eng. Approving As-Built. Seconded by Arthur. All in favor.
Bob made motion to find the subdivision to be complete and forward a positive recommendation to the Municipal Council for street acceptance, seconded by Manny. All in favor.
Winthrop Heights – Request release lot #57 (holding $80,000 plus $78,000 mylar deposit ) and 4 lots.
Richard Feodoroff.
Letter from Mr. Richard Feodoroff requesting to release Lot 57 with no additional surety being posted. Now the City is holding $80,000 plus $78,000 Mylar Deposit. The Board released all but 4 lots. Kevin stated he discussed this with the City Engineer and they don’t’ agree with applicant. Mr. Richard Feodoroff was invited into the enclosure. Mr. Feodoroff stated the Board approved this subdivision in 2004 abut didn’t start until June 2005 and due to the recession there are 52 residents living in subdivision. He stated this should be the last winter he will have to plow he plans on putting top coat on in the Spring. Mr. Feodoroff stated he has been before the Board a few times for lot releases. The Board in 2006 released all but 4 lots and at
that time the sewer extension and pump station need to be done. He stated the Board has $80,000 and he was one of the first developers that had to pay the new $3,000 per page mylar deposit which to total $78,000. His request is to release Lot 57 and the Board will still be holding 3 lots plus all the money. He stated next time he appears before the Board he will be prepared to post more money or get the work done. City Engineer stated his completion estimate is around $182,000 plus 10% totaling $200,000. The reason is because asphalt prices increased. Mr. Feodoroff stated he knows $80,000 the Board is holding is not enough but with the lots and mylar deposit. He stated he has not sold a lot for less than $140,000. He is aware he would need to post more money in future if he wants another lot. Bob asked about the sewer and thought that was under separate bond. Bob stated the Board uses the process of taking the completion
cost and divide it by the number of lots. Kevin did say the mylar deposit is a lot but $3,000 is the rule. It may not actually cost that much. After some discussion with Bob it was suggesting releasing $30,000 of the mylar deposit and having him post $30,000 for the lot. Mr. Feodoff stated they have actually done an As-Built for Veolia and put camera in pipes. Kevin asked what size houses are in subdivision? Mr. Feodoroff stated nothing has sold for less than $400,000 and approximate sizes 2,600 sq. ft. homes. The Board noted this is a nice cluster development with nice homes.
Bob made motion to release Lot 57 upon receipt of $30,000. Seconded by Manny.
Bob made motion to release $30,000 of the mylar deposit, seconded by Manny. Al l in favor.
Public Hearing – Definitive Cluster Subdivision - Meadow Land Estates – formerly Court Land Estates - to be located off Tremont Street, adjacent to 583 Tremont Street – to create 21 residential lots on 87 acres with 42.62 acres of open space. Submitted by Yvon Nadeau –
Roll call: Spencer, Campbell, Abreau, Pimental, Lopes and Dermody. Hearing opens at 5:46 PM. Kevin read letter from Water Dept., City Planner, B.O.H., Fire Dept., Conservation Commission and City Engineer.
Tony made motion to place dept. comments on file, seconded by Arthur.
Manny made motion to invite petitioner into enclosure. Seconded by Arthur.
Scott Faria, Gallagher Engineering, and Yvon Nadeau, 94 Libby Lane, Taunton, Ma were invited into the enclosure. Scott stated they are proposing a 21 lot cluster subdivision previously approved as a conventional subdivision “Courtland Estates”. The property is located on the Taunton/Rehoboth/Norton line. The proposed subdivision is entirely located within Taunton. They are proposing a 21 cluster subdivision having 30,000 sq. ft. They have eliminated 2,400 feet of roadway and 3 cu-de-sacs and wetland crossings. Scott stated they will make the changes per the City Engineer’s letter. The lots have been perked but have to do some additional perks due to the re-division. Manny asked if the utilities will be underground and it was answered yes.
Chairman Dermody asked what types of houses would be constructed. Scot answers probably, due to the market, colonials and raised ranches. Tony asked about lot 5 and if it had enough frontage? Kevin stated that cluster developments don’t have frontage requirements. Scott stated there is an existing cart path along lot 5. It was asked if approved when will they be starting? Scott answers probably spring time. Bob asked about Lot 5 because it shows on plans 33 feet of frontage and Scott stated it had more? It was discovered that it did indeed only have 33 feet but Kevin stated there is no frontage requirements for cluster. Bob asked Kevin about Lot 5 if there would be a chance something else could be done on lot because it’s so large. Kevin stated technically a 40B bypasses zoning so he can’t say nothing will be done... Yvon stated that’s not
his intention. His intent was that to be a retreat lot for someone who may want a large house with of land. Scott stated that they have submitted a phased growth plan showing build out. Kevin informed Scott there is no longer a phased growth ordinance.
Scott withdrew his phased growth plans from application. Scott stated they would agree to sidewalk per the City Engineer’s letter. Kevin stated they are asking to waive the 30 foot pavement width for roadway and typically they Board waives the requirements on both sides and allows one 6 foot sidewalk. Bob stated the City in 30 or 40 years from now will only have to re-construct less roadway because of it being a cluster development. He does suggests having the sidewalk along Bluegrass Cirlce about 300 feet. Manny stated he wants sidewalk around perimeter of roadway. He stated it would look better and it will be safer. Scott agreed to add sidewalk to circle the entire perimeter. Bob asked about the cart paths and if anyone had any rights? Scott stated he hasn’t researched but Atty. Gay did for former client and no one has any rights. Tony asked if the roadway will be accepted by the City or remain private? Scott stated once completed it will be city street but the
homeowner’s association will be responsible for open space and easements. Manny asked about lot 5 and the driveway. Scott stated that is only a driveway not a roadway. In favor: Atty. David Gay represent owners. He stated this property was approved conventional subdivision and the reason the lots were kept bigger was because the developers wanted the lots to be larger retreat lots, to houses horses and be compatible with the rural character of the abutting town Rehoboth. Atty. Gay stated that two brothers owned the property, James & John Quatracchia and unfortunately Jim died unexpectedly from a heart attack. His wife is not inclined to develop the land with her brother-in-law. They tried to market the approved subdivision for 6 months and did not have any interests. Mr. Nadeau showed interest and he is well equipped to do this work. He is satisfied that he will build a nice subdivision. Atty. Gay stated in dealing
with Mr. Nadeau he found him to be a man of his work and upright person. Atty. Gay stated this cluster proposal is not small, it’s 30,000 sq. ft. lots. He has 4,000 sq. ft house on 13,000 sq. ft. house lot on the canal down cape. Atty. Gay stated the size of the lot does not dictate the size of the house. He stated Winthrop Heights is a cluster development with nice homes. He stated the original plan of a conventional subdivision is not going to happen. Atty. Gay stated when you draw up Homeowner’s Association documents you cane make then say anything you want. He does it for other towns and this cluster is better for the City because its less roads the City has to maintain in the future. In favor: Anthony Pistoles, 580 Tremont Street stated he’s in favor. He was just concerned with the water pressure which is not that great. City Engineer stated virtually all the drainage will go in back and there is a small
area in front. They will have to conduct water pressure test. Opposed: Gerald Croteau, 570 Tremont Street stated he purchased his lot in good faith which was a type A lot. He did say Winthrop Heights had nice homes. However; he spoke with Mr. Nadeau and he stated he was possibly going to do 1,500 sq. ft. homes. Mr. Croteau stated that the other developments in the area set back from roadway. He stated he was awaken at 3:00 AM by his alarm because a vehicle hit a telephone pole across the street. He stated this is a very dangerous street and he thinks people should buy property in good faith. Opposed: Gil Cabral, 574 Tremont Street stated also that Winthrop Heights was a nice subdivision however; these homes are going to be significantly smaller. He stated due to the small house sizes there will be more transient people. He would rather see bigger lots with bigger homes. Scott stated they are proposing realistic
homes for working families, cape, raised ranches and colonials style homes are more realistic.
Bob made motion to close public input, seconded by Tony.
Mr. Nadeau stated that he hasn’t built smaller homes in a few years but the market is turning. Manny asked what size was he planning on building? Dave asked how big are the houses on Blake Street? Mr. Nadeau answers approx. 1,700 sq. ft. and 2,200 with finished basement. Dave also complimented Malibu Estates and Twin Brook Lane . Malibu Estate sis on 2,200 sq. ft. homes on 60,000 sq. ft. lots. Dave asked about the drainage easement and how far is it from Tremont Street? Scott answers about 300 feet away from Tremont Street and the driveway for Lot 17 is about 500-600 feet from Tremont Street. It was suggested moving basin but Scott stated it would affect the drainage. Manny asked about Lot 1 & 17 if they would have driveways off Tremont Street.
Scott answers they are about 300 feet from Tremont Street and they will enter from Bluegrass Circle. Bob suggested putting wheelchair ramp on sidewalk that comes around Bluegrass Circle. Scott stated he will do that and that was in the City Planner’s letter. Bob also stated they should impose the SRD setbacks. Yvon stated most septic systems will be located in front and slope away from houses, with walk out basements. Dave suggested having booster pump for water pressure. Bob asked if this property was affected by the recent change in Flood Plain maps. The City Engineer stated no, he checked. Kevin suggested putting deed restricted that maximum development on each lot is a signed family dwelling with accessory dwelling. This will address Bob’s concerns with the large lot. They would still need to go to ZBA for Special Permit for an accessory dwelling unit.
Bob made motion to approve the cluster subdivision to include dept. comments. And the following conditions and waiver: The applicant withdrew the phased growth schedule.
1. To allow a 26’ wide paved roadway instead of the required 30 feet.
2. The first 400 feet of Bluegrass Circle shall have sidewalks on both sides and one sidewalk for the remaining portion of roadway.
3. Maximum density for each lot shall be a single family dwelling with an accessory dwelling unit which requires a Special Permit from the Zoning Board of Appeals.
4. Copy of easement granting the City access between Lots 9 & 10.
The City Planner informed the Board that there is already an Outside Consultant assigned to this from previously approved “Courtland Estates” which is Earth Services.
Motion seconded by Manny. All in favor. Hearing closed at 6:39 PM.
Chairman Dermody at this time thanked David Pimental for his service on the Planning Board. The Board stated he will be missed and wished him luck.
Meeting adjourned at 6:40 PM.
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