Date: Fri 14-Feb-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Estates-Taunton-Hill

Full Text:

P&Z Rejects Taunton Hill Subdivision Plan

BY ANDREW GOROSKO

The Planning and Zoning Commission (P&Z) has rejected Da Mota, LLC's,

controversial proposal for The Estates on Taunton Hill, a 19-lot subdivision

on 60 acres off Taunton Hill Road.

At a February 6 session, P&Z Chairman John DeFilippe and members Stephen Koch,

Daniel Fogliano and James Boylan voted to reject the application. Member

Thomas Paisley voted in favor of it.

P&Z's decision hinged on the fact four of the proposed 19 lots had frontages

on two streets.

An applicable subdivision regulation reads, in part, "Except in cases of

unusual topography or property lines, through-lots bounding on two generally

parallel streets will not be permitted."

Whether the presence of four dual frontage lots should prevent the 19-lot

proposal from being approved is up to P&Z members' interpretation of the

regulations, Mr DeFilippe told commission members before the vote. Although

the subdivision plan submitted by the developer is in violation of the zoning

regulation concerning dual frontage lots, P&Z members could waive the

regulation if they determine "unusual topography" comes into play, Mr

DeFilippe added.

What's Unusual?

Mr Boylan asked "What unusual topography exists?"

Mr Koch said he inspected the development site and did not find anything

unusual about its topography.

The land in the area is wet, he said. The open space area proposed by the

developer does not meet the town's open space goals, he added, characterizing

the land a "very steep wasteland." Mr Koch said he expects the subdivision

would create water runoff problems onto neighboring properties.

"I have a problem with this subdivision," Mr Koch said.

After P&Z members rejected The Estates on Taunton Hill in a 4-to-1 vote, Mr

DeFilippe said, "I guess we did not find unusual topography."

Residents living near the development site at 31-37 Taunton Hill Road in

January told P&Z members they were concerned that added development in the

area would endanger existing well water supplies, create traffic hazards, and

pose drainage problems on their land.

Attorney Stephen Wippermann, representing Da Mota, had argued P&Z should allow

all 19 lots requested by the developer. Mr Wippermann pointed to past

applications in which P&Z approved other so-called "dual frontage" lots in

other subdivisions.

Mr Wippermann said P&Z approved dual frontage lots in 1992 with the generally

parallel streets Founders Lane and Bennetts Bridge Road, finding the "unusual

topography" was the presence of wetlands.

Also, many lots with generally parallel streets on two sides were allowed

along High Rock Road in 1979, he said.

Other examples involve lots between Stonewall Ridge Road and Poverty Hollow

Road approved in 1988, he said. Lots between Ridge Road and Boggs Hill Road

are another example, he added.

Mr Wippermann said the road construction plan which the developer has

presented to P&Z indicates the most logical places to build roads.

As a possible development alternative to the subdivision plan for The Estates

on Taunton Hill, Mr Wippermann has suggested that a proposed through-road

there known as Glenmor Drive instead be made a dead end road. But doing that

would require increasing the number of driveways intersecting with Taunton

Hill Road to maintain 19 lots in the proposed subdivision, according to the

lawyer. At a meeting in January, Mr Wippermann noted that adding driveway

entrances along Taunton Hill Road would require removing scenic barns from the

site.

Initial plans for The Estates on Taunton Hill were withdrawn from P&Z

consideration in February 1996 due to technical deficiencies. A second

submission was withdrawn in June 1996 because the plans were incomplete. The

version of the plans rejected by the P&Z on February 6 had been submitted in

November 1996.