Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES CITY HALL, TAUNTON, MA 02780 Meeting held at Maxham School, 141 Oak St, ************************************************************* DATE: September 7, 2017 BOARD MEMBERS: Bob Campbell, Chairman Anthony Abreau Arthur Lopes, Vice Chairman Jordan H.F. Fiore Manuel Spencer, Clerk Brian Carr Dennis Smith ADVISORS: Mark Slusarz, City Engineer Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Carr, Smith, Abreau, Lopes, Fiore, and Campbell present. City Planner Kevin Scanlon and City Engineer Mark Slusarz also present. Meeting opens at 5:31 PM Arthur made motion to approved minutes of July 27, 2017 seconded by Tony. All in favor. Public Hearing - Proposed Changes to the City of Taunton Zoning Ordinance Change Section 440-Attachment 2 - Table of Use Regulations, Business and Industrial. Change the Use Category Tattoo Parlor/Body Art from a Prohibited Use (ie -) to a Special Permit from the Municipal Council (ie SP2) in the Central Business District. Hearing opens t 5: 32 PM – Roll Call: Carr, Smith, Abreau, Lopes.Fiore and Campbell present. City Planner read the Public hearing notice. He explains this was a Councils referral for zoning change. The proposal is to allow Tattoo Parlor/Body Art in the Central Business District by a Special Permit from the Municipal Council. Brian stated his concern is possibly restricted the number within that district. The City Planner explained you cannot do that for a zoning change. Brian asked if there is a vetting process? The City Planner stated the Special Permit from the Council is discretional and there may be some tipping point. They can deny a Special Permit. The City Planner stated you can’t artificially restrict under zoning. Brian stated this was stated by a gentlemen came before a Board for a Tattoo /Art Studio and he was told to contact Council for possible changing the zoning. The City Planner stated the Council could explore some sort of licensing but it cannot restrict the zoning. Jody stated a few months ago he was reminded of a situation of illegal implants and the Board of Health was informed and worked well with the applicant. Jody stated he would be in favor of allowing this use downtown. Tony asked what is allowed now? The City Planner stated is allowed in the HBD & ID by Special Permit by ZBA. Now it would be allowed by Special permit by Council in Central Business District. Now it’s prohibited in the CBD and would require a Variance with ZBA. Tony made motion to open public input seconded by Arthur. All in favor. In favor: Jay Dorsey, 147 Highland St., also a downtown owner. He wrote a letter to Municipal Council to possible change ordinance. He know a talented young artist who wishes to go downtown. He thinks the laws need updating. He did agree Brian’s concerns were appropriate and he want to keep the riff raff out. No one appearing in opposition. Tony made motion to close public input seconded by Brian. All in favor. 1 Brian asked if this included Body piercing and Kevin answered yes it’s under the same category. Jody made motion to forward a positive recommendation to Council, seconded by Brian. All in favor. Brian made motion to explore procedures relative to limiting the number of licenses issued for Tattoo Parlor /Body Art and excluding Body Pierce and implement a vetting procedure when granting special permit for Tattoo Parlor/Body Art in the Central Business District. Seconded by Tony All in favor. Hearing closes at 5:47 PM Public Hearing - A Special Permit/Definitive Cluster Inclusionary Development under Section 440- 1402 of the Zoning Ordinance entitled Run Brook Circle - on the southeast side of Tremont Street, 28 Units on 27 lots with one lot containing a duplex dwelling, as shown on Assessor’s Map 49-111-0, 49-40-0, 49-41-0, 49-42-0, 49-35-0 and 49-36-0. Hearing opens at 5: 48 PM - City Planner read public hearing notice . Roll call: Carr, Smith, Abreau, Lopes, Fiore and Campbell present. City Planner read the dept. comments form Conservation Commission, TMLP, City Engineer, B.O.H. and himself into the record which were placed on file. Tony made motion to invite petitioner into the enclosure. Seconded by Arthur. All in favor. Atty. William Rounds, Chris Moniz, Brownstone Realty and Nick Dufresne, P.E. Farland Corp. were invited into the enclosure. Atty. Round stated a few months ago they came before the board for input on how to proceed. The Board approved a subdivision for this land about 10 years ago for 16 lots but it was never built. The cost of the road prohibited the development. They took a look at the site decided to combine the Special Permit Definitive Cluster Inclusionary Development. Under the Inclusionary housing ordinance you are allowed an increase in density, originally it was approved for 16 lots now they are proposing 28 units. Atty. Rounds stated the layout of the roadway is the same and the only difference is the number of lots. They are required to make a monetary contribution instead of offering affordable houses for sale. The only issued they have with the setback is lot 3 because of the Flood Plain. They are proposing one duplex home and the rest will be single family. The City Planner said he didn’t have any issues with Lot 3 having a 15 foot setback instead of 25 feet. Jody asked about the Conservation Commission’s letter in regards to the vernal pools. Nick stated they do need to re-submit the NOI but he thinks the Agent made a mistake about the vernal pool. The Board wanted clarification on that. Arthur asked if they are planning on sewer and they said no, on-site septic and municipal water. Nick stated the only change is the increase in density (number of lots) the roadway is same, width of drainage system is the same. The only change is the lot lines. Tony asked if there was any thought to looping water line to the other side, (the Preserve) ? It was stated it was cost prohibited. Chairman Campbell stated perhaps they could add double main lines because of the long dead end road. It was noted this road will be a private road maintained by the Homeowner’s Association. Brian asked how the number of $450,000? The City Planner explained they would be posting monies instead of actually building affordable houses. He came up with the number but the Board can tweak it. Brian stated he had concerns with this many houses in the rural area, it reminds him of Rehoboth and to put this many houses there would change that and he’s not in favor of it. Arthur stated the duplex would have 6 total bedrooms. He was concerned about septic systems? Chairman Campbell asked if they conducted any soils testing and Nick answers there was numerous testing done. Jody asked if they thought about common septic system and Nick answers if there is a problem then it’s a problem for the whole subdivision. He doesn’t think it’s a good idea. City Engineer stated his concerns are the property is in the Flood Plain and the plans don’t show it. Nick stated the work is entirely completely outside. Mark suggests full drainage calculations because you are making it more impervious. Nick state there is no change in the drainage and the grading is accounting for the development. All basins can handle a 100 year storm. Nick stated the soils are extremely sandy. Nick stated to ask us to provide that kind of information is extremely expensive. Chairman Campbell said he would be looking for a complete set of plans because this is a project in itself. 2 Nick stated it seems extreme to have to submit full plans with all new drainage calculations. Mark asked if the drainage that was approved will accommodate the increase in units. Chairman Campbell stated there is a lot more runoff and we need additional engineering to back it up. Perhaps they could do an addendum to the drainage and provide flood plain information. Nick stated they are not going to add any more runoff that the approve subdivision. Mark stated the stormwater has changed, retention basins hold water other than infiltration. Tony made motion to open public input, seconded by Arthur. All in favor. No one appearing in favor or opposed. Chairman Campbell asked for verification of the drainage and flood plain. Chris stated the developer has a good reputation in the City and these sized lot are not out of character of the neighborhood. He stated they don’t have any intent on developer other land in the area. He stated this was already approved and they are trying to make it work. Brian stated he wasn’t questions the quality of work of the developer but his concern was the smaller lot size. He was reminded of Hoover Street and how it’s overbuilt and didn’t want bulk housing. City Planner stated the amount of money that was presented to him was reasonable representation to him but the Board can change it. Chris stated they spoke to over 30 abutters and their only concern was water. Jody made motion, seconded by Arthur to continue this until next month and request the following: 1. Submit verification from the Cons. Comm. Regarding the vernal pool. 2. Show building envelope for each lot on plans. 3. Submit addendum of drainage calculations for what is being built. 4. Show Flood Plain on plans. All in favor. Public Input kept open. City Planner Kevin Scanlon excused at 6:27 PM Public Hearing – Form J – Waiver of Frontage –239 Alfred Lord Blvd - to divide one lot into 3 lot – Hamie Hearing opens at 6:27 PM . Chairman Campbell read dept. comments from the City Engineer, City Planner, Board of Health, and Fire Dept. which were placed on file. Atty. Brianna Correira was invited into the enclosure. She stated they received ZBA approval and now need Waiver of frontage. Lot 1 is the petitioner’s home and the other 2 lots will be for his children. Lot 3 has 20 feet of frontage and the other lot will be easement to use driveway. There will be an emergency turnaround. Atty. Correira stated there will be 2 addition single family dwellings. The petitioner purchased the land in 2005 and has his business across the street. Jody questioned the lack of dimensions on the turnaround on the plans. City Engineer stated they will be required to put that on the building permit plans for his review. Brian asked if this is for family and Atty. Correira answers yes. He asked who would maintain shared driveway and Atty. Correira answers the driveway will be owned by Lot 3 and they will access easement. Tony asked if there is city sewer and Atty. Correira answers no but have city water. Chairman Campbell pointed out the shrubs at the end of the driveway and they should be cut back. Arthur made motion to open public input, seconded by Brian. All in favor. No one in favor or in opposition. Tony made motion to close public input, seconded by Arthur. All in favor. Dennis made motion, seconded by Jody to approve the Form J for 239 Alfred Lord Blvd. with the following conditions: 1. Show emergency turnaround dimensions on the plans during the building permit process. 3  2. Any construction on lots 2 & 3 will require a filing with the Taunton Conservation Commission as well as filing with NHESP. 3. A copy of the recorded easement and utility easement for lots 2 and 3 must be provided prior to the issuance of any building permits. The easements shall also specify snow removal policy, cost sharing, and maintenance responsibilities and thresholds for the access drive which shall be reviewed and approved by the Planning Board prior to recording. 4. The shrubs at the common driveway must be trimmed to ensure adequate site distance. All in favor. Hearing closes at 6:40 PM Letter from 34 ½ Briggs Street Homeowners Association relative to the removal of dumpster service. Chairman Campbell read letter relative to removal of the dumpster and using City’s trash bags. The Board’s concern is that if they put trash bags at Briggs Street it will obstruct the 20 foot wide driveway access. Brian asked if this is even legal. Chairman Campbell stated that in the minutes we asked about the dumpster and we based our approval on having a dumpster. There was some discussion on whether or not they can legally put out their trash because it’s 5 house lots. It was stated in the letter there were issues Verizon coming out anymore to repair lines because the truck for dumpster keeps taking the lines down. The dumpster company refuses to come unless the wires were raised. The Board voted to refer this to the Law office for a legal opinion. Seconded by Arthur. All in favor. Cont’d Winthrop Heights – completion of subdivision Chairman Campbell stated last month the vote to call surety did not pass because it needed 4 votes in favor. Mr. Feodoroff was informed of this and was invited to meeting. We are holding $27,000 and City Engineer stated the most important thing to finish is the handicapped ramps. Mark stated the Board needs to consider if they pull surety the City is now responsible for road. City Engineer stated he spoke to Mr. Feodoroff last month and he indicated he was ready to go but the surety was called (which did not pass). Now he doesn’t think it would be worth it if he didn’t finish the Board may call surety anyway. He stated there are about 6-8 ramps that need to be done. There was some discussion on whether or not we need use prevailing wages. Jody suggested putting lien on road. Brian asked the City Engineer if the road would be acceptable? Mark answers only when the handicapped ramps are done. The As-Builts have been submitted some time ago. Arthur made motion to call surety on Winthrop Heights Subdivision, seconded by Brian. All in favor. Meeting adjourned at 7:07 PM 4