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11-5-15 mins.
                   TAUNTON PLANNING BOARD MINUTES
              CITY HALL, TAUNTON, MA 02780
               Meeting held at Maxham School, 141 Oak St,  
              *************************************************************

DATE: November 5, 2015                                                     

BOARD MEMBERS:       Bob Campbell, Chrmn.                 Dan Dermody   
                                          Anthony Abreau, V.C.                  Arthur Lopes
                                          Manuel Spencer, Clerk                 Joshua Borden                        
                                           John Reardon  

 ADVISORS:                         
                                          Mark Slusarz, City Engineer
                                         Kevin Scanlon, City Planner
 __________________________________________________________________________
Roll Call:  Abreau, Reardon, Dermody, Campbell, Spencer, Lopes, and Borden present Also present was City Engineer Mark Slusarz.  Meeting opens at 5:35 PM  

Public Hearing – Form J –405 Richmond Street -  Waiver of Frontage – to divide one lot into two lots, submitted by Deanna Lee
Roll Call:  Borden, Reardon, Abreau, Lopes, Dermody, Spencer and Campbell present. Hearing opens at 5:34 pm.  Clerk Spencer read the public hearing notice and letters from City Planner, B.O.H., Conservation Commission which were placed on file.  Atty. Matthew Costa was invited into the enclosure.   He states they received approval from ZBA and now need waiver of frontage.   There are lots with similar frontage along Richmond Street.  Each lot will have their own driveway and the proposed access is sufficient for a single family house on each lot.  They will be connecting to city water with a septic system.  They will need to file with Conservation.  Josh asked where the septic would be going?  Atty. Costa state the existing house will be razed and the septic would be in front.  Josh stated the plans should have bearings on lot lines, Mass. State Plane Coordinate System, curve data in front, remove +- signs on plan.  Tony asked the plans don’t show where water is? The plans are vague.  Atty. Costa stated they are just starting now and his client has owned property for long time.  She is a teacher in Boston and has adult children and they will take down existing house and live on both lots, keeping them both in the family.  They are not developers.  Manny stated he looked at property and has no issue but asks they put information Josh was asking about on plans.  Atty. Costa stated they can put water service on plans.   Bob suggests since you will be updating plans acknowledge that Richmond Street encroaches onto this property.  Arthur asked about house and Atty. Costa answers they was proposing a 3 bedroom house  and the barn will be razed.   City Engineer stated since they are correcting plans he asks they add the vertical datum and flood zone.  Josh made motion to open public input, seconded by Dan. All in favor.   No one in favor or opposed.  Dan made motion to close public input, seconded by Josh. Al in favor.  After some discussion Atty. Costa requested a continuance to allow the plans to be updated.   
Manny made motion to grant continuance until next month to submit updated plans, seconded by Dan. All in favor.


Special Permit – Dean Street parcels 55-756 & 55-757) for a 36 unit multi-family residential development located in the URD.  Need to forward  a recommendation to Municipal Council.
Atty. Costa and Steve Koss were invited into the enclosure.  Clerk Spencer read comments from the City Planner, Fire Dept., T.M.L.P. and Conservation Commission were read into the record and placed on file.  Atty. Costa states they are requesting a Special Permit from Municipal Council for a 36 unit apartment building in the Urban Residential District.  Under the Zoning Ordinance you can apply for 18 units per acre in the Urban Residential District. Atty. Costa stated the parcel complies with the setbacks, height and lot width.    The property is on the easterly side of Dean Street which has been abandoned.  They are proposing to re-develop the site and put 36 residential units there. They are proposing 80 parking spaces when 72 is required. They will add as much landscaping as possible.  The City Planner’s letter recommends some kind of patio area and they thinks it‘s a good idea and they will show it.  Bob stated tonight is only for a recommendation to Council and then they will file SPR with P.B.   Atty. Costa explains there is not much detail on plans they wanted to get discretionally approval before they spent a lot of money on plans.   Manny stated the last time this was before the P.B. the Board thought it was premature and sent a negative recommendation for zoning change.  Atty. Costa stated the Council approved the zoning change to include Transit Oriented District which is part of the City’s plan.  The ZBA can grant ore units than this.  Atty. Costa stated they asked for variances for parking in front and waivers from landscaping from ZBA and were denied.  Manny asked if there was a cellar and the answers was no.   Manny asked if this area has been cleaned up?  Steve Koss stated they filed with DEP through Hatch Engineers and all the levels are below  what would cause alarm.    Dan stated this has to go to Council and the Council depends on us to review it and the plans don’t have much on it.  City Engineer pointed out the way it’s laid out there is long walk to building.  He suggests building should be in front with truck parking underneath.   It was noted it’s not possible to do a crossing.  The existing buildings belong to the railroad. Atty. Costa stated there were questions relative to traffic and some inconvenience turning left onto Dean Street.  It’s not constantly congested and he thinks the timing of the lights needs fixing.  There is some density of site and not fair to this property owners to fix the existing problem.  Bob stated we have an opportunity to fix intersection.   Bob suggest including pedestrian countdown signal.  Steve spoke with DOT and said they are going to do the right thing. Bob stated they spent money overlaying Dean Street and the State has a 5 year moratorium. He suggests if the street is torn up they do full width (50 foot) mill overlay.   Tony stated based on these plans he would not recommend positive recommendation.   Josh stated he cannot send a positive recommendation either based on the submitted plans.  There was some discussion as to what should be on the plans for the Board to make an informed recommendation.  Several members stated they cannot support a positive recommendation based on the submitted plans.  Mr. Koss understand what the Board is asking for but it’s a catch 22.  They need the support of the Board and then they will submit more detailed plans for the SPR.  Josh stated he cannot support a positive recommendation based on these “conceptional plans”.    Atty. Costa the site is dilapidated and uncontrolled and this will revitalize the site.   Tony pressed for a motion.  
Arthur made motion to forward a NEGATIVE recommendation to the Municipal Council, seconded by Josh. 6 members in favor, 1 member opposed. Motion passed.  The Board bases their recommendation on the problem that the lack of detail on the submitted plan did not allow members to make an informed determination on what impact that size of a project may have on drainage in the neighborhood or on onsite amenities and traffic.  Without seeing how much space necessary drainage facilities, pedestrian walkways, landscaped areas, buffers and on-site amenities took up it could not be determined how big a building, thus how many units could be approved.

Winthrop Heights – Release of last lot – Completion of subdivision.
Mr. Richard Feodoroff was invited into the enclosure.  He is appreciative of the hearing device that was give to him.   He stated the sidewalk are in and the contractor had an emergency today. He stated most of the structures are razed on Alanita Drive and they have been doing some remedial repairs and driveways.  He stated some driveways needed cutting to be ADA compliant.  He has received positive feedback and he is not leaving until completed.  He’s hoping to pave by end of next week.   He asks the Board to release last lot upon confirmation from the City Engineer.  The City Engineer stated he has met with Mr. Feodoroff several times and prepared punch list. The biggest hold up was the driveways that were put in by private contractors.  
He stated 42 out of 63 need to be fixed.   He finished sidewalks, drainage, water gates, put leveling course on the main drive and will do handicapped ramps later. He is concentrating on paving whole roadway now .  Arthur did not want to release anything until all work is completed.   Manny stated we need to set standard and he knew everything wasn’t going to be done.  Bob stated things happens and he recommends releasing lot once the top coat is done.  Josh stated they can release of the lot only after the City Engineer determines that the cost of the remaining work has dropped below $62,000 (because we are holding $124,000)  

Motion made and seconded to release last lot after the City Engineer determines that the cost of the remaining work has dropped below $62,000. Seconded by Tony.
5 members in favor, 2 members opposed (Spencer  & Lopes)   Motion passes.    

Steve Drive – Update
Letter from Steve Perry road work in still scheduled and work has been performed in the retention and detention areas. He has not heard back from the post office about mailbox re-location.  
Letter placed on file.  

Sabbatia Landing – Request for reduction of surety amount required for each unit.
Carlos Melo was invited into the enclosure. He is requesting to reduce the amount of surety he has to post for each building.   He is also asking for release of building #3.   The City Planner’s letter was read into the record recommending release of surety and release of one building.  We are holding enough monies and we  will have one building left. He recommends releasing $58,907 and one building.   The City Engineer’s letter was also read into the record.    He suggest eliminating the sidewalk in front of building 4 & 5 because of the problems it will cause.  Mark states is an unfortunate situation.  Tony remembers the residents wanted the sidewalks and he wanted it for them but if it going to cause more damage then maybe they should waive it.  Tony asked Mr. Melo if he would pave the driveways and he said yes.     Josh asked if there was any fill near these buildings?   There was some discussion as how this was constructed.  Mr. Melo stated he would pave driveways and cul-de-sac.   The Board needs to determine if eliminating the sidewalks would be a minor or major change. Josh suggests holding money and just releasing building and if he wants last building released we will have money because once last building is release we need to hold double completion cost.       
Josh made motion to send letter to residents informing them the Board will be reviewing this next month. Also sent them copy of the City Engineer’s letter.
Josh made motion to release building #3 with no surety requested at this time. Seconded by Tony.   

Manny brought up Avalon Drive  and the fact that the road isn’t an accepted street by the City.    He stated he wrote letter to Planning Board years ago asking for the Board to take action against the developer.   The Secretary informed the Board that unfortunately the records were destroyed in City hall attic fire.  The City Engineer’s office has some records.    Have the City engineer make up legal description along with petition for street acceptance.

Dan made motion to forward a positive recommendation to Council to accept Avalon Drive, Seconded by Arthur.  Many recused himself.

Meeting adjourned at 7:30 PM