Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES CITY HALL, TAUNTON, MA 02780 Meeting held at Maxham School, 141 Oak St, ************************************************************* DATE: January 3, 2019 BOARD MEMBERS: Bob Campbell, Chairman Anthony Abreau Arthur Lopes, Vice Chairman John Reardon Manuel Spencer, Clerk Jordan H.F. Fiore Brian Carr ADVISORS: Michael Patneaude, Asst. City Engineer Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Reardon, Abreau, Lopes, Fiore, Spencer and Campbell present. Also present was City Planner Kevin Scanlon and Asst. City Engineer Michael Patneaude. Meeting opens at 5:30 PM. Arthur made motion to accept minutes of December 6, 2018, seconded by Jody. All in favor. Election of Officers: Chairman, Vice Chairman & Clerk Tony made motion to keep the same slate of officer as last year. Robert Campbell, Chairman, Arthur Lopes, Vice Chairman and Manny Spencer, Clerk. Roll call vote: Reardon, Abreau, Lopes Fiore, Spencer.....Yes. Robert Campbell was elected Chairman. Arthur Lopes was elected Vice Chairman. Manny Spencer was elected Clerk. Public Hearing - Form J Plan – Waiver of frontage – to divide one lot into two lots (See ZBA # 3442) for property on Caswell St. Property I.D. 110-84 ,Submitted by Rui A. Dutra Roll Call: Reardon, Abreau, Lopes, Fiore, Spencer and Campbell present. Hearing opens at 5:36 PM. Frank Gallagher, Gallagher Engineering was invited into the enclosure. Manny read the public hearing notice along with department comments from the City Planner, Engineer, Airport, Conservation Commission, and B.O.H. Jody made motion to place dept. comments on file, seconded by Arthur. All in favor. Frank stated he is representing applicant Rui Dutra for property located on the east side of Caswell Street and Staples Street. The property is a little under 13 acres and they received ZBA approval and had the wetlands delineated by the Conservation Commission. The lots will each have 25 feet of frontage and then the property widens to oversized lots. Lot 1 having 1.3 acres and lot 2 having 11 ½ acres. The property is mostly wooded and the land slopes down from Caswell Street but is fairly flat when you get back. The west side of the property is located in the Suburban Residential District and the east side (the majority) is in the Rural Residential District. John asked if there will be city sewer and Frank answers City water and septic system. Manny asked who will maintain the driveway? It was explained to Manny that each lot has their OWN driveway. It’s not a shared driveway. The secretary informed the Board the notes on the plans need to be fixed (Change Raynham to Taunton) before signing. Public Input: Joseph Fonseca, Kings Pond Road thought this was the hearing next to him. He’s here for the hearing on the Definitive Subdivision on Caswell Street. No one appearing in favor or opposed. Public input closed. 1 Jody made motion to grant the Form J with the following conditions: 1. The assessor’s reference map numbers are missing from the parcels as shown on the plans. 2. The assessor’s reference for the airport property should be 110/124/11. Seconded by Arthur. All in favor. Hearing closed at 5:52 PM Public Hearing - A Proposed Definitive Cluster Subdivision and Special Permit – to be located off Caswell Street, known as Assessor’s Property I.D. Map 121, Lot 10 – to create 4 residential lots with 8.35 acres of open space located in the Rural Residential District. submitted by Aspen Properties Roll Call: Reardon, Abreau, Lopes, Fiore, Spencer and Campbell present. Hearing opens at 5:52 PM. City Planner Scanlon reads legal notice and department comments from Engineer, Conservation Commission, B.O.H and himself. Jody made motion to placed dept. comments on file, seconded by Tony. Chris Coute, Aspen Properties, Chris Moniz, Aspen Properties and Brian Dunn, P.E., MBL Land Development was invited into the enclosure. Brian states this is a 4 lot subdivision with open space with a 50 feet ROW layout. They received preliminary approval and they at that time discussed the 100’ buffer around the subdivision. They worked with the City Engineer and have a better design. He passed out updated plans. They have addressed the City Engineer’s concerns and need to finalize the drainage report which will comply with DEP standards. They have 2 detention basins and will have an easement for each one. They will try and save as many trees as possible. Chairman Campbell asked about Lot 5 and who will maintain? It was stated this is a cluster and the homeowner’s association will maintain the open space. Manny asked about snow placement, sidewalk and curbing. They will have snow easement, asking for waiver for 1 sidewalk (instead of 2) and sloped granite. The Board wanted granite. John asked if the sidewalk goes around the entire cul-de-sac and Brian answers yes. John made motion to open public input, seconded by Arthur. Jose Fonseca, Kings Pond Road is opposed. He had concerns with grading and the easement for Mr. McCaffrey. He stated Mr.Caffrey is a good neighbor but he has seen an excavator in his backyard near his beehive. He asked is there is going to be an actual road constructed for Mr. McCaffrey. Mr. Fonseca describes the land having briars and wetlands. Chairman Campbell stated they will need to file a Notice of Intent with Conservation Commission for Lot 1. Chris C. stated they will address that at the building permit process. Carol LaCourse, 43 Kings Pond Road asked if the 10 foot no touch zone was still be considered. Chris C. answers yes they have no issue with providing that. There will be a 10 foot no touch within the 20 foot wide access easement. Kevin said the 20 foot access easement is totally on lot 3. Chris C. said the property is lower than Kings Pond Road so there won’t be any run off towards Kings Pond Rd. The topography goes from 70 feet to 40 feet. Patrick Cali, 55 Kings Pond Road asked who has the right to use the 20 wide access road/easement? Chris C. answers only Mr. McCaffrey. Mr. Cali was concerned it would be open to the public for his commercial business (strawberry picking) Chris C. stated it’s not for commercial activity. Richard Raphael, 69 Kings Pond Road had concerns with water runoff. It was explained due to the topography the water from this subdivision will not run off to Kings Pond Road. Mr. Raphael stated that Caswell Street had a puddling area. No one else appearing in opposition. Jody made motion to close public input, seconded by Arthur. All in favor. Brian stated they worked very hard to address the City Engineer’s comments. Chris C. stated they will provide the 10 foot no cut buffer and the water will be kept away from Kings Pond road lots. Tony made motion, seconded by Arthur, to approve with the following waivers & conditions: WAIVERS: 2  1. To allow for one 6 foot sidewalk with a 3+ foot wide grass strip and sloped granite edging instead of sidewalk on both sides. 2. To allow the roadway to have a 24 foot pavement width instead of the required 30 feet. 3. Given the specifics of this site, the Board felt that waiving the 100’ buffer normally required around the perimeter of the cluster subdivision could be a better fit than the conventional subdivision provided that a 10 foot wide treed buffer be provided along the lots abutting existing homes and that the acreage of the waived buffer still be provided as part of the subdivision. CONDITIONS: 1. The subdivision will follow the outside consultant guidelines for inspections which shall also include the sewer and water extensions and all other work offsite completed in conjunction with this project. The initial escrow deposit for paying for inspections shall be set at $8,000 and shall be replenished back to a $6,000 balance anytime it dips below $1,500. 2. All lots will be serviced by Municipal Water and onsite sewerage disposal system. The lots would need to be able to construct on-site septic systems, with appropriate setback requirements and buffer, and private wells, in accordance with Title 5 regulations. 3. The Homeowner’s Association is required for ownership of the open space and maintenance of the detention basin. 4. The Homeowner’s Association documents shall be approved by the City and recorded PRIOR to any lot releases and shall include a maintenance schedule for the detention basins. 5. A 10 foot No Cut/No Touch Buffer Zone shall be provided along the lots that abut King’s Pond Road. The buffer shall remain part of the subdivision lots. 6. There shall be no run off from the 20 foot wide access easement to the abutting homes on Kings Pond Road. 7. Final Drainage shall be approved by the City Engineer prior to plans be signed. 8. Four (4) buildable lots. The Board voted to assign Field Engineering as the Outside Consultant. Hearing closed at 6:32 PM Public Meeting – Site Plan Review – 569 Winthrop Street for a 7,850 square foot addition to the existing industrial use building, submitted by Recycle Realty LLC. Letter from Atty. Zajac requesting a continuance until next month. Motion made and seconded to grant request for a continuance. All in favor. Public Meeting – Site Plan Review – 802 Bay St. - for an existing 6,045 sq. ft. retailing building to have a 902 square feet converted to Office Use and 353 sq. ft. converted to residential use, Submitted by Kanchi RE LLC. Letter from applicant requesting a continuance until next month. Motion made and seconded to grant continuance. All in favor. Cont’d. Public Hearing – Definitive Subdivision – Fuller Estates – located on the southerly side of South Boundary Rd.- to create 14 residential lots, submitted by Hawthorne Dev. Inc. Atty. Edmund Brennan, John DeSousa, SeaCoast Consulting, LLC, and John Garanito, Hawthorne Development were invited into the enclosure. New letters from the City Planner and City Engineer were 3 read into the record. Atty. Brennan stated they will have a homeowner’s association to maintain the detention basins on multiple lots. They have addressed all the concerns that were raised last month. Tony asked if they were agreeable to possibly planting some plantings towards the end of the lots that abut Jessie Lane. John G. stated he would be agreeable to planting arborvitaes within 10 feet of the property line on the plans where it shows the proposed tree line. John R. asked about the snow easement and if they moved the fire hydrant? Tony suggests adding the snow easement along lots 6 & 7. John asked how far the sidewalk goes around and it was answered it goes all the way around the cul-de-sac. Chairman Campbell suggests adding wheelchair ramp across from the other one. Chairman Campbell asked about the hydrant and John DeSousa answer they have added a blow off with a 1 ½ spike to allow blow off. Chairman Campbell suggests re-locating the hydrant between Lot 7 & 8 to allow the service to come off one main. Chairman Campbell said they could put the street sign and stop sign on the same side. Public Input: Amanda Surgens, 44 Jessie Lane stated she has water on her side of her yard and has tripled in size and it has an odor. John G. stated that is not part of this property. She suggests eliminating the 2 lots at the end of the cul-de-sac. Chairman Campbell stated they are legal conforming lots. Ryan Surgens, 44 Jessie Lane asked for clarification of the condition about planting trees 10 feet from property lines 5 feet on center? Chairman Campbell explained it to him. No one else in opposition. Motion made and seconded to close public input. Manny made motion to approve the Definitive Subdivision Fuller Estates with the following waivers & conditions: WAIVERS: 1. To allow for one 6 foot wide sidewalk on one side of the roadway, instead of a sidewalk on both sides. 2. To allow a minor roadway to have a 26 foot paved width, instead of the 30 foot otherwise required. 3. To allow a 25 foot radius at the property line. Instead of the 30 foot radius otherwise require. The plans show a property line radius of 25 feet and the curb radius of 37 feet. CONDITIONS: 1. The subdivision will follow the outside consultant guidelines for inspections which shall also include the sewer and water extensions and all other work offsite completed in conjunction with this project. The initial escrow deposit for paying for inspections shall be set at $12,000 and shall be replenished back to a $7,000 balance anytime it dips below $1,500. 2. All lots will be serviced by Municipal Sewer and Municipal Water. 3. The Homeowner’s Association shall maintain the detention basin. Homeowner’s Documents shall be approved by the City and recorded PRIOR to any release of lots and shall include a maintenance scheduled for the detention basin. 4. Plans must show the 20 foot wide drain easement from the street to the detention pond located all on one lot. 5. The property contains wetlands, including an ILSF (isolated land subject to flooding) and work on Lots 4, 5, & 6, detention basin, as well as the roadway, are within the 100 foot buffer to a wetland area. These will require filing(s) with the Conservation Commission. 6. Provide an additional wheelchair ramp across from the one already shown on the plan to permit accessible crossing from the end of the cul-de-sac sidewalk back onto the through sidewalk. 7. Provide recorded copy of snow plow easement which is also to be shown on the Lotting Plan. 8. Arborvitaes or Leyland Cypress trees shall be planted (5 feet on-center) on Lots 6 & 7 where the existing vegetation is disturbed within 10 feet of the property lines of the existing Jessie Lane lots during construction of the house lots. 4 9. Re-locate the fire hydrant to be between lots 7 & 8 and have all of the water service laterals tapped before the hydrant. 10. Total number of lots in this subdivision is 14. The Board voted to assign Greenman Pedersen as the Outside Consultant. Hearing closed at 6:57 PM Run Brook Circle – request for release of 2 lots (lots 1 &2) – holding 0 surety and all lots. Department comments from the City Planner, GPI Outside Consultants and City Engineer were read into the record. Chris Moniz and Chris Coute was invited into the enclosure. Chris stated they are preparing to put erosion control and he submitted deeds showing they now own the 2 additional lots that the City Planner referenced in his letter. Chairman Campbell stated the estimate from B. Conway indicated it’s for binder course only so he would add about $60,000 for final pavement. That would mean requiring $51,300 per lot. Chairman Campbell suggests trying to get some of the roadway completed because it’s not the Board’s policy to release lots without the roadway being constructed. He stated in the past they have had issues with releasing lot without the roadway being done and there were big mud holes. Chris Coute stated one lot has frontage on Tremont Street and the other lot is one of the first ones and then there is a long stretch of roadway then the other lots. Chairman Campbell stated they would need to file with Conservation Commission for the roadway and Chris stated they did that already. Chairman Campbell stated there were 3 different estimates and he would recommend getting some of the roadway in and come back. Chris C. stated they are asking for it now because its takes approximately 3 months to get a building permit in hand. So in reality they wouldn’t be building house for a few months and then some of the roadway will be in. Kelly Gilday, 578 Tremont Street stated she purchased her house in June 2018 and stated there are legal issues and she asks the Board not to act on this request. She wanted to know how the grading will affect her lot. She states there is a dispute with the drainage easement. Chairman Campbell states if there is litigation between her and the developer the Planning Board shouldn’t discuss that. It was asked if they could possibly release Lot 1 since it has frontage on Tremont Street. Chris C. stated there is no litigation, just an unhappy neighbor. Motion made and seconded to release lot 1 with no surety being required since it has frontage on Tremont Street. 5 members in favor, 1 member opposed (Spencer) Tony made motion to release lots 1-15 on the original approval. Seconded by Manny. All in favor. There is a NEW covenant to reflect the updated subdivision with the new lots (Run Brook Circle) Katherine Drive – Modification to drainage pipe - Anton Sousa, AJ construction was invited into the enclosure. Letter from Earth Services Corp. and Outside Consultant GPI relative to the installation of the drainage pipe to alleviate water problem. Chairman Campbell stated the Board must be assured the installation of the pipe will not adversely affect the property. Mr. Sousa stated the water filled up and he saw Conservation Agent about the issue and was given consent to put the pipe in. He stated the pipe worked for a day and now it’s not needed. Tony made motion to approve the pipe installation as a minor modification with the following conditions: 1. Provide revised stormwater calculations for the detention basin to determine if the additional runoff during a 100 year storm event can be accommodated without the additional storage. 2. Install manhole at 45 degree bend in the 8 inch pipe to avoid clogging and allow for future cleaning. 3. Provide the Planning board with a recorded drainage easement across Lot 5. Seconded by Arthur. All in favor. Meeting adjourned at 7:30 PM 5