Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES CITY HALL, TAUNTON, MA 02780 Meeting held at Maxham School, 141 Oak St, ************************************************************* DATE: July 27, 2017 BOARD MEMBERS: Bob Campbell, Chairman Anthony Abreau Arthur Lopes Jordan H.F. Fiore Manuel Spencer, Clerk Brian Carr Dennis Smith ADVISORS: Mark Slusarz, City Engineer Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Carr, Smith, Fiore, Spencer, Lopes, Abreau, and Campbell present. Also present was City Engineer Mark Slusarz. Meeting opens at 5:30 PM Tony made motion to accept minutes of June 1, 2017, Seconded by Jody. All in favor. Public hearing – Form J Plan – Waiver of frontage – for the re-configuration of 2 lots into 3 lots (2 buildable lots and one unbuildable lot ) for property located on 32 Greystone Street, known as Assessor’s Map 105, lots 103 & 131 submitted by Hawthorne Development Inc. Roll Call: Carr, Smith, Abreau, Lopes, Fiore, Spencer and Campbell present. Hearing opens at 5:19 PM. Clerk Spencer read the public hearing notice and dept. comments from the City Planner, Fire Dept., Conservation Commission and Board of Health. Dennis made motion to place dept. comments on file, seconded by Arthur. All in favor. Atty. Edmund Brennan was invited into the enclosure. He stated the applicant went to the ZBA and received approval. They have removed the burnt building and the third lot is not buildable. Public input No one appeared in favor or in opposition. Chairman Campbell stated we are voting on access for the lot. Motion made to close public input, seconded by Dennis. All in favor. made motion to approve the Form J, seconded by Tony. All in favor. Public hearing closed at 5:39 PM Public Meeting - Site Plan Review – 172R Dean St. (56-37-0) for the construction of a 12 space parking lot and duplex – submitted by John Garanito, Hawthorne Dev. Clerk Spencer dept. comments from the DIRB, Fire Dept., Engineer, Veolia Water which were placed on file. Atty. Edmund Brennan was invited into the enclosure. They are proposing to construct a duplex style home and add 12 parking spaces to the existing office/condo building. The intention is to put the duplex into a separate condo association but have access from Dean Street. The developer has rights to have access from a ROW from 1955. As part of the conveyance they preserved the right to use the ROW to develop the adjacent parcels. The building in front from 1960 showed access and it’s very clear in the records. The 12 spaces will be good for the condo building. Tony asked if the duplex will be serviced by municipal sewer 1 and water and it was answered yes through the development. The Fire Dept. requests certain numbers and Chairman Campbell stated that is up the City Engineer as he assigns the house numbers. Tony made motion to open public input, seconded by Arthur. All in favor. No one appearing in favor or opposed. Jody made motion to close public input, seconded by Tony All in favor. Jody made motion, seconded by Dennis to approve the Site Plan Review with the DIRB conditions Condition #1) That the plans dated March 22, 2017 and revised through April 7, 2017 and shall govern with the following additional conditions; Condition #2) A set of updated plans shall be submitted that conforms to all of the requirements of this decision before a building permit is issued. Two sets are required. Condition #3) Lighting shall not illuminate any portion of abutting properties Condition #4) The site shall be kept clean and clear of debris Condition #5) Two set of as-builts shall be submitted upon completion of all work on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans. Plans shall show at least all of the information shown on the proposed plans referenced in condition #1 above and all utility as-builts. Condition #6) The site shall comply with ZBA Case # 3360 Condition #7) The cross-easements for access and utilities shall be recorded prior to Building Permits. Condition #8) The homeowners association and trust shall be approved by the City and recorded prior to any building permits and the Condominium documents shall be reviewed and recorded prior to Occupancy. Condition #9) The easement shall be shown on the plan. Condition #10) The grass areas shall be labeled. All in favor. Preliminary Subdivision plan – “Crowley Estates” – located off Worcester Street – Map 34-16 & 34- 52) – to create 9 residential lots. Clerk Spencer read dept. comments from the B.O.H., Fire Dept., Conservation Commission and the City Planner into the record. Chairman Campbell stated this is a preliminary showing a cluster and we need to establish the number of lot. Brad Fitzgerald, P.E., Senna Fitzgerald & Gilbert, was invited into the enclosure. He represents the owner Norman & James Crowley. They are proposing a cluster development. They are working with Natural Heritage because there is an eastern box turtle in the area. That pushed us to do a Cluster. They reduced the length of the road, the property consists of 6.7 acres but they are only using 4.6 acres to include 9 lots. All lots are out of the wetlands. They are requesting landscaping waiver and he know the City Planner suggest having at least 25 feet? They want to avoid going into the wetlands. All lot perked and they will have city water, TMLP and have subservice drainage. Brad stated they are asking for waiver to avoid going into the wetlands and give the turtles more room. Jody stated part of doing a Cluster development is to protect the natural habitat and that is what you are doing. Brad said Natural Heritage asked them to consider cluster development. Bob asked if they have any conversation with abutter (Lima) and Brad answers no. Chairman Campbell asked if they considered another form of screening, (in lieu of landscaping) Brian stated he would like to be consistent with existing neighborhood, so if they have a sidewalk he thinks this one should too. Manny asked about 40 foot ROW and if that is plenty of room? Manny would like keep consistency with sidewalks. Brian stated he wants a sidewalk. Brad stated they will need to go to Conservation Commission. Brian asked what is the average frontage? Brad answers it varies from 65 feet to 288 feet, but each lot has at least 100 feet. City Engineer stated Wisteria Place, neighboring subdivision doe shave sidewalks. He suggests not waiving the 112’ radius of cul-de-sac for safety vehicles. It was asked if they can loop water and Brad said they asked abutter about easement but not interested. They are showing hydrant at end. There was some discussion about having one sidewalk with grass strip. The Board indicated they would want at least one sidewalk. 2 Tony made motion to allow public input, seconded by Dennis. All in favor. No one appeared in favor or in opposition, Tony made motion to leave public input open for future definitive subdivision public hearing. Seconded by Tony. All in favor. Dennis made motion to approve a Preliminary Plan with the following waivers & conditions: WAIVERS: The Board would consider favorably the following waivers should a “Cluster Definitive Subdivision be submitted for this location: 1. To allow for one 6 foot sidewalk on the south and west sides of the roadway instead of sidewalk on both sides. 2. To allow the minor roadway to have a 24’ width instead of the required 30 feet. 3. To allow for as little as 0 foot buffer zone along the easterly property line abutting Map 34, Lot 15 instead of the required 100’ based upon input from the owners of that property. 4. To allow this minor street to have less that the required 50’ layout width, perhaps as little as 40’, depending upon how it accommodates the sloped granite edging, 3’ or more grass strip and 6’ sidewalk on one side. CONDITIONS: 1. The applicant will have to send a copy of the entire project plan and proposed work to NHESP (Natural Heritage & Endangered Species Program) for review. 2. Lots 1 through 6 all have wetlands within their property lines and, along with Lot 7, may be required to file with the Conservation Commission if any construction activity falls within the 100-foot buffer zone. 3. Detention systems and open space shall be maintained by the Homeowner’s Association. 4. The wetland line shall be approved by the Conservation Commission prior to any definitive approval to verify upland areas. 5. The lots would need to be able to construct an on-site septic systems, with appropriate setbacks requirements and buffers in accordance with Title 5 regulations. The lots will be serviced by municipal water. All dwellings must comply with the Minimum Standard of Fitness for Human Habitation, State Sanitary Code, Chapter II. 6. Provide a 3-foot minimum width grass strip in between back of sloped granite edging and the start of the 6-foot wide sidewalk. 7. Total number of lots shall be 9 for a future cluster residential definitive subdivision. Public Meeting – Modification of a Site Plan Review- 491 West Water Street for the increase in auto sales from 8 vehicles to 50 vehicles for the existing tire service, auto repair and auto sales business, submitted by Edmond Jreijj, owned by Brian Moore. Clerk Spencer read comments from the DIRB and Veolia Water and letter from Willitts S. Mendonca, 199 South Walker St., in opposition into the record. Eddie Jreijj and George Antoune, 1151 Washington St., Norwood, Ma. was invited into the enclosure. Eddie said they went before the ZBA and made some adjustments and have updated the plans. They pushed display area back about 10 feet from roadway and added 2 spaces for customer parking. They will enclose the dumpster with chain link fencing. Eddie said the workers for the park use his property to park their vehicles. Tony asked about the parking lot if there is 3 any drainage? City Engineer stated it looks likes concrete. Brian stated this is a big increase in the number of vehicles for sale? He remembers some complaints about this site? Eddie stated he did put a few cars on this adjacent site to prevent trucks from cutting across his property. He was told he cannot do that so he removed them. Brian asked what assurance does the Weir Corp. have in making sure you keep the site clean? Eddie said he is leasing all the way down to Weir Street. He stated he would do what is required for him. He has already made improvements to the site. Arthur asked if they have auto repair shop and they said yes but they have no spare cars on site. Manny stated going from 8 vehicles to 50 vehicles is a substantial increase. He suggests reducing the number and perhaps coming back for increase? Dennis stated the Council has approved new regulations relative to auto sales and when this is approved they will need to go to Police & License Committee to amend license for the increase. Denis stated they will need to comply with all of the DIRB conditions. Tony suggested putting some plantings along West Water Street. City Engineer said the run off goes towards Cobb Brook. Arthur asked about the deliveries of the vehicles? Eddie said they unload on site. Brian asked if he owned or leased and Eddie answers he leases. It was suggested placing additional condition relative to plantings, keeping slab clean, place grass.. Tony made motion to open public input opened, seconded by Manny. No one appearing in favor or in opposition. Tony made motion to close public input, seconded by Dennis. All in favor. Dennis made motion to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated February 21, 2017 and revised through June 19, 2017 and shall govern with the following additional conditions; Condition #2) A set of updated plans shall be submitted that conforms to all of the requirements of this decision before a building permit is issued. Two sets are required. Condition #3) Lighting shall not illuminate any portion of abutting properties Condition #4) The site shall be kept clean and clear of debris Condition #5) Two set of as-builts shall be submitted upon completion of all work on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans. Plans shall show at least all of the information shown on the proposed plans referenced in condition #1 above and all utility as-builts. Condition #6) The site shall comply with ZBA Case # 3393. Condition #7) Eliminate the West Water Street access Condition #8) The display area shall be moved back 10 feet from the Fifth Street property line. Condition #9) Bollards with a chain linking the bollards shall be installed 10feet off the property line along Fifth Street and West Water for the length of the display area. Condition #10) The maximum number of vehicles for sale on site at one time shall be 50 vehicles and 5 vehicles for storage in conjunction with the auto repair and 10 customer parking spaces. Condition #11) Only one handicap space required and correct the handicap space next to the building with correct 8 foot access aisle. Condition #12) Filing with Conservation Commission is required Condition #13) The dumpster shall be located on a concrete pad, enclosed by a 6 foot stockade fence, be kept closed at all times and emptied regularly. Condition #14) Customer parking spaces shall be lined. Condition #15) There shall be no unloading of vehicles in the street, unloading must be on-site. Condition #16) No “parts” vehicles are to be stored on site, only operable vehicles. Condition #17) Concrete slab parking and display areas to be thoroughly cleaned, then kept clean at all times. . Condition #18) Petitioner must plant grass between the “gravel” area between the concrete slab and the brook, within the leased area as a minimum. 4 Condition # 19) Petitioner to plant a row of 6 foot Arborvitaes or create a similar vegetative screen for a visual barrier along the West Water Street end of the display area. The vegetative screen must be placed closer to the display area to avoid encroaching on motorists’ sight lines through the intersection. Public Meeting – Site Plan Review – 20 Cushman Street – site improvements, including building restoration, asphalt paving, installation of truck scale, utilities and a stormwater management system for the purposes of conducting a scrap metal recycling operation, submitted by Taunton Scap Metal LLC . Mike Quatrachia from Sitec and Atty. Ted Pietnik was invite into the enclosure. Clerk Spencer read the DIRB comments into the record. This site is on Cushman Street bordered by the former Old Colony Railroad. They have demolished a large portion of the building with the City’s approval. They will be paving the rear portion of the lot for a total of 37 parking spaces. They will be adding additional landscaping per the DIRB. Mike explains the stormwater system and the drainage. Chairman Campbell asked about the 3 pipes going into the vortex separator? They stated they could put additional manhole and it can go into the detention basin. There is an aquarian easement. The oil separate is outside of the building. They will need a hazardous materials permit with the Board of Health. It was asked if they looked at traffic circulation? There were 2 options that the tractor trailers can use. The plans shows landscaping with a minimum of 20 feet from property line. Public input: No one in favor. Opposed: Keith Powell representing Helder Coelho. H is concerned with the noise factor, turning radius and children in the area. Mike stated they would consider using High Street to Cushman Street. Chairman Campbell stated we shouldn’t designate the truck route. Jody stated historically the site has been used for commercial purpose. Brian stated in their summary they stated different types of vehicles come in on a daily basis. It was stated they have control on when the trucks come and there are no trucks on Saturday. Hours of Operation are: Monday – Friday – 7 – 4:30 PM Saturday, 8 – noon but no trailers, No Sunday. Chairman Campbell asked about the sewer and Tony said a few years ago they changed it from gravity to forced. The property is all fenced int. Tony made motion to close public input, seconded by Brian. All in favor. Jody made motion, seconded by Dennis, to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated May 26, 2017 shall govern with the following additional conditions; Condition #2) A set of updated plans shall be submitted that conforms to all of the requirements of this decision before a building permit is issued. Two sets are required. Condition #3) Lighting shall not illuminate any portion of abutting properties Condition #4) The site shall be kept clean and clear of debris Condition #5) Two set of as-builts shall be submitted upon completion of all work on site and shall include design engineer and land surveyor certification notes stating the development has been built according to the approved plans. Plans will show all construction of buildings, utilities, grades, setbacks etc. Condition #6) A privacy sanitary sewer pump will be needed to connect the low pressure force main. Condition #7) Landscape plan shall be approved by City Planner prior to building permit and business activity commencing for expanded paved areas along the railroad property line. Condition # 8) Hazardous Materials permit from the Board of Health is required. Condition #9) Oil water separator and floor drain in the building are required unless waived by the Building Department. Condition # 10) Show turn radius on the plans for the turning around. Condition #11) Show limits of new paving on plan. Condition #12) Drainage report and plan shall be submitted and approved by City Engineer and approvals obtained from the railroad owner prior to building permit and commending business activities. Condition # 13) Remove designated truck traffic route (Sumner St. to Route 138) on plans. All in favor. 5 Public Meeting – Site Plan Review – 1444 & 1452 Somerset Ave. - - for a plumbing company with storage, parking of trucks and trailers and another building to be used as a single family home, submitted by Howard Sousa, Sousa Plumbing & Heating Inc. Clerk Spencer read the DIRB comments into the file. Karen Patneaude, P.E., Earth Services Corp. and owners Howie & Robin Sousa were invited into the enclosure. Karen stated the applicant is going to re- locate his plumbing business into the location. They went to the ZBA for a change of use and was approved. One building will be used for the business and the other will be for a single family house which is allowed in the district. There will be no customers coming to the site. They have one extra parking space and they have 2 work trucks. They stated they are going to completely renovate the entire building. They will use the existing water service and the sewer will be reviewed by DPW. There will be no increase in the footprint. Brian asked what ae the hours of operation? 8: 00 - - 4:30 PM . It was asked if they would be backing out and they said no they will pull out. Arthur asked if there would be any retail and it was answered no. Tony made motion to open public input, seconded by Manny. All in favor. No one appeared in favor or opposed. Tony made motion to close public input, seconded by Arthur. All in favor. Dennis made motion to approve the Site Plan Revie with the following conditions: Condition #1) That the plans dated June 27, 2017 and shall govern with the following additional conditions: Condition #2) A set of updated plans shall be submitted that conforms to all of the requirements of this decision before a building permit is issued. Two sets are required. Condition #3) Lighting shall not illuminate any portion of abutting properties Condition #4) The site shall be kept clean and clear of debris Condition #5) Two set of as-builts shall be submitted upon completion of all work on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans. Plans shall show at least all of the information shown on the proposed plans referenced in condition #1 above and all utility as-builts. Condition #6) Compliance with ZBA Case # 3354. Condition #7) Show water services correctly on plans. Condition # 8) Hazardous Materials Permit from the Board of Health is required. Condition #9) No dumpster Condition # 10) Stripe parking spaces and alter layout for a parking layout perpendicular to Somerset Avenue along the building. Tony Abreau left meeting at 7:45 PM Special Permit – 53 Harrison Ave. – 4 Family dwelling – Need to forward a recommendation to the Municipal Council Atty. Thomas Gay, Jr., and Steven Ferreira were invited into the enclosure. Clerk Spencer read the department from the Veolia Water, T.M.L.P., Conservation Commission, and B.O.H. which were placed on file. Atty. Gay stated they went to the ZBA and got variance for lot size. They propose to convert the existing 2 family to a 4 family and will have 10 parking spaces. They are in the process of rehabbing the whole building with dormers. They will put up privacy fence which will be pleasing to the neighborhood. It was asked how many bedrooms There will be two one-bedroom apartments, two 2 bedroom apartments. Jody asked if there would be major changes to the inside with egress points, walls, etc. They will have 2 means of egress and will put new wiring, and move some walls for kitchen. They will be doing sprinklers and will replace windows. Chairman Campbell said according to the ZBA decision the abutters were in support 6 (Ross) Brian asked if they will define parking and they said they will coordinate with the tenants. Public input : no one in favor or opposed. Jody made motion seconded by Dennis to forward a positive recommendation to the Municipal Council for a 4-family use. All in favor. Cont’d Public Meeting – Site Plan Review – Middleboro Avenue Prop. I.D. 96-134 – to allow auto sales – submitted by Andy Amaro – owned by Lillian Amaro Rocha –REQUESTING TO WTHDRAW REQUEST. Letter from Mr. Amaro requesting to withdraw his request. Dennis made motion to allow petitioner to withdraw his request. Seconded by Manny. All in favor. E-5 – Pinehurst Street – Roadway Improvement Plan – completion – Requesting return of all surety & letter from abutter relative to concerns. Chris Moniz & Chris Coute were invited into the enclosure. Clerk Spencer read letters from the B.O.H., Fire Dept., Conservation Commission, TMLP, and City Planner which was placed on file. Letter from an abutter was submitted by the Board stated her are with the developer and it’s not the Board’s jurisdiction. Chris Coute stated they have addressed her issues but it’s difficult to make her happy. He stated he tried reaching out to her and called 5 times. The Board stated it’s a private matter between the abutter and the developer. The City Engineer stated they would need a layout plan, written description and petitioner signed by 10 registered voted to go to the Municipal Council for street acceptance. Dennis made motion to release all surety and forward a positive recommendation for street acceptance, seconded by Manny. All in favor. Woodbine St. – Roadway Improvement Plan Lot releases - holding $122,000 and 5 lots. Request is to release lots 1, 2 & 9 . City Engineer stated we are holding $122,000 and they want 3 lots released. We are holding enough money and can release without any additional monies required. Dennis made motion to release lots 1,2 & 9 with no additional money required, seconded by Brian. All in favor. Cont’d Dever Drive – Street Acceptance - City Engineer stated all the work is completed. Dennis made motion to forward a positive recommendation to the Municipal Council for street acceptance, seconded by Jody. All in favor. Cont’d. River Pines – Completion of Subdivision Letter from City Planner and Conservation Commission was read into the record. Richard Feodoroff was invited into the enclosure. He stated he did a lot of work including raising water gates, cleaned basins, offered to seed lawns fixed ADA crossing. He fixed 25 River Pines steep slope and repaired their driveway. His inspection was conducted on July 26 2017 by the outside consultant. Dennis made motion to reduce surety to $10,000 and release last lot. Seconded by Arthur. All in favor. Cont’d. Winthrop Heights – Completion of Subdivision Clerk Spencer read the letter that was sent from the Board to Mr. Feodoroff with a completion deadline of July 27, 2017. Mr. Feodoroff stated he has completed River Pines and Fenway project on Winthrop Street. The only thing he did at Winthrop Heights was a sidewalk, striped curbing and double yellow line. He asked the Board to give him the opportunity to finish this project. He has been developing land in the City since 1980s and would like to finish this project. Chairman Campbell asked if he had replenished the escrow account per his approval and Mr. Feodoroff answered no. Manny stated the developer has neglected to 7 follow through with what he is required to do. Arthur asked if he had any schedule? Is was noted we are holding $27,000 and don’t know if its sufficient to complete if the City had to hire contractor to complete. Manny stated the Board voted to call bond if not done and we need to be taken seriously. He is in favor of calling bond. Brian stated the developer has put this Board in a tough spot. He stated the Board has been more than patient in dealing with this project and he thinks it’s unfair to the Board. They have given him many chances. Mr. Feodoroff stated he had cash flow problem and admits he took too much on. He pointed out he did in good faith strip the crosswalks and he doesn’t think it will benefit anyone if the bond is called. Manny made motion to call bond because the completion deadline was not met, seconded by Brian. Spencer, Carr, Lopes ......Yes Fiore, Smith...............No Note: It was later determined the vote did not pass. Needs a majority (4 out of 7) Mr. Feodoroff was informed that the vote did not pass. FYI Letter from D.E.P. – City of Taunton - – to construct & maintain a water intake pipe & maintain an existing water intake pipe at 17 Fisher St. Dennis made motion to place on file, seconded by Arthur. All in favor. Meeting adjourned at 8:55 PM 8