Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak St, ************************************************************* DATE: November 2, 2017 BOARD MEMBERS: Bob Campbell, Chairman Dennis Smith Anthony Abreau, Arthur Lopes, V.C. Manuel Spencer, Clerk Brian Carr Jody Fiore ADVISORS: Mark Slusarz, City Engineer Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Carr, Abreau, Lopes. Fiore, Spencer and Campbell. Also present was City Engineer Mark Slusarz and City Planner Kevin Scanlon. Meeting opens at 5:32 PM. Smith present at 5:33 PM Jody made motion to accept minutes of October 5, 2017 seconded by Manny. All in favor. Special Permit – 27 Main St – Tattoo Parlor – need to send recommendation to Municipal Council Clerk Spencer read dept. comments from TMLP, Water, and B.O.H into the record which was placed on file. Kevin stated this proposal was a result of the recent zoning change which allows them to go before the Municipal Council. Dennis made motion to forward a positive recommendation to allow the Tattoo Parlor, seconded by Arthur. All in favor. Preliminary Plan - Inclusionary Development under Section 440-1402 of the Zoning Ordinance for property at 68 Church Green - 40 one-bedroom senior rental apartments. Kevin states this is only an administrative submittal to determine the base density for an Inclusionary Housing development. Kevin stated they will be applying for Variance from ZBA for waiver of parking and then go before the Council for Special Permit. They are proposing this to be a senior housing complex. Jody Fiore recuses himself. Brian asked what age is senior and Kevin answers 55 years. Petitioners invited into the enclosure. Atty. Matthew Costa, Timothy Doherty, co-petitioner, Carl Nagy-Kocclin, Exec. Director of Housing Solutions for Southeaster Mass. Atty. Costa stated the site consists of 1.74 acres and under the Urban Residential District they could put 18 units per acre which would allow them 31 units and they are only proposing 23 units. They think their proposal is reasonable and if approved they will proceed to Council for Special Permit. Atty. Costa stated they will also need a Site Plan Review and the P.B. will have to send a recommendation on the special permit to Council. Manny made motion to set the base density at 23 units for the proposed inclusionary housing development at 68 Church Green, seconded by Dennis. 6 members in favor, 1 member present. 1 Public Meeting - Modification of Site Plan Review - for property at 137, 139 Hart Street, Property I.D. 93-151, 152, 153, 154, 155, 156, 157; and 93-262 (County Street) Modifications are the addition of parking spaces, reconfigure parking areas, eliminate one driveway on Hart Street, reduce the footprint of the commercial building on the northwesterly portion of the premises, eliminate the drive- thru for said convenience store building, and make other revisions to the site as shown on submitted plans, submitted by SBK LLC, Bruce Thomas, Manager. Clerk Spencer read the DIRB comments into the record which were placed on file. Atty. Matthew Costa and Bruce Thomas, Rep. of Cumberland Farms, and Paul Sylvia, Project Manager were all invited into the enclosure. He stated he revised the plans slightly after the DIRB meeting. Atty. Costa stated there have been a few modifications but they feel this is the final plan. The work has stopped on site until after approval of the proposed changes. Atty. Costa stated the petitioner has acquired the adjacent parcel and now that’s included in the plans. They have 208 parking spaces when 137 are required. The rear building is smaller and they have added more parking to accommodate the proposed tenants. Hart Street had 2 entrances and now they only have one. They eliminated one drive thru and enlarged the building. The traffic pattern is simplified. The DIRB recommended some changes and they agreed with them. They eliminated by-pass lane and made drive-thru 15 feet wide. City Planner stated they had concern with condition requiring combining all parcels prior to a building permit is issued. He suggests changing allowing a foundation permit ONLY prior to combining lots. The Board was happy to see the elimination of one of the entrances off Hart Street City Engineer stated MEPA conducted traffic study and there will be times when left had turn is an issue. Tony stated they need curb cut from Mass. DOT. Jody asked what’s the capacity of the proposed gym? It’s based on the company and they wanted their parking based on that, even though its over what the zoning ordinance requires. Public Input No one in favor or opposed. Arthur made motion to close public input, seconded by Tony. All in favor. Dennis made motion, seconded by Arthur, to approve the modification of Site Plan Revie with the following conditions: Condition #1) That the plans dated March 25, 2017 and revised through November 2, 2017 shall govern with the following additional conditions; Condition #2) All conditions of the previous approvals dated April 4, 2014 and May 8, 2017 shall remain in full force and effect except as specifically modified in this decision. 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 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 #7) Show the grease traps on the plans. Condition #8) The parcel shall be combined prior to any building permits other than a foundation permit for the 23,150 sq. ft. building. All in favor. 2 Public Meeting – Site Plan Review – 12 ½ Maple St. – 6 family use in an Urban Residential District – submitted by Irene Saxonis, Trustee Steve Figueiredo, developer representing owner. Kevin read the DIRB comments into the record along with the Fire Dept. and Water Dept. comments. Jody stated this is across from Pride Workshop. Brian asked if the owner is living there and Steve answers no. Brian asked what assurances does the Board have to ensure property will be kept up. Steve answers there will be 24 hour maintenance and surveillance, armed entry and easy access to security cameras. He will be the property manager. The unit sizes are between 800 – 900 square feet. Manny asked prior to petitioner buying property there has been problems and it has been used as a 6 family. The rents will be around $1,575 for 3 Bedroom, $1,250 for 2 Bedroom unit. There will be a vetting process and the owner is in charge of the leases. Public input. No one in favor . David Montgomery, 14 Maple St. asks for fencing to be put up. Steve & Darlene Tanenbaum, stated there has been a lot of problems at this property she will be able to see decks compromising her privacy. Kevin stated this project has been approved by Council and then the Steve informed him it hasn’t been approved by Council yet. He chose to come here first. So there will be a future public hearing with the Municipal Council. Steve stated he manages a lot of properties so he‘s familiar with multifamily units. Dennis made motion to close public input, seconded by Tony. All in favor. Manny made motion, seconded by Arthur to approve the SPR with the following conditions: Condition #1) That the plans dated September 12, 2017 and revised through 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 dumpster shall be shown on the plans in the rear of the property in the center of said traffic aisle. Said dumpster shall be kept closed at all times and be emptied regularly. Dumpster shall be enclosed with a 6 foot privacy fence. Condition #7) Sewer laterals shall be updated with cleanouts and backwater valve protection to meet current city standards. Condition #8) Parking spaces shall be striped. Condition #9) Show decks on plans. Condition #10) Ballards shall be installed to protect the deck supports. Condition #11) The building size shall be corrected to show 6.384 sq. ft. Condition #12) The 3 parallel spaces shall be replaced with 6 perpendicular spaces, the traffic aisle reduced to 22 feet and the west side parking, reduced from 9 to six spaces. Parking field to be moved further from the house. Kevin Scanlon excused at 6:14 PM Public Meeting – Site Plan Review – 53 Harrison Avenue – 4 Family Use in an Urban Residential District, submitted by Steven Ferreira. Clerk Spencer read comments from the DIRB, TMLP, Veolia Water which were place on file. Atty. Thomas Gay, Jr. and Steven Ferreira were invited into the enclosure. Atty. Gay stated the petitioner has received ZBA and Special Permit from Council and this is the last approval. Atty. Gay stated the plans were updated. The petitioner owns 14 properties and there will be someone on site to take care of property. Brian stated he went by property and it looks nice. Atty. Gay stated the petitioner purchased the property from family so it 3 has sentimental value, and he has invested a lot of money into the building by providing sprinklers, upgraded the egress. Atty. Gay stated the petitioner is a man of his word and he will most likely be back with another project in future. Brian asked if tenats have to go through the vetting process and he answered yes. Manny stated he’s impressed by the work that has been done. Mark stated the DIRB opted for trees instead of fencing. In favor; Ed Ross, owner of 32 Barnum Street went on record in favor. No one in opposition. Dennis made motion to close public input, seconded by Tony. All in favor. Dennis made motion to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated February 28, 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 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) No dumpster unless required by the Board of Health. If required said dumpster shall be kept closed at all times and be emptied regularly. Dumpster shall be enclosed with a 6 foot privacy fence. Dumpster would be located in the northerly corner. Condition #7) Sewer laterals shall be updated with cleanouts and backwater valve protections to meet current city standards. Condition #8) Parking spaces shall be striped. Condition #9) Correct the driveway to show a straight entrance off of White Street to the parking area. Condition #10) Show the water and sewer services on the plan. Condition #11) Change the privacy fence to arborvitaes. All in favor. Public Meeting – Site Plan Review – 567 Winthrop St. – for the sale of tractors and trailers, submitted by Roger Lee Hall. Requesting a continuance. Requesting a continuance until next month. The DIRB will meet on this on Nov. 14, 2017. Motion made and seconded to continue to next month. All in favor. Cont’d. 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. Atty. Williams Rounds, Chris Coute, Chris Moniz, and Nick Dufresne, P.E .Farland Corp. were invited into the enclosure. Atty. Rounds stated they went to Conservation Commission to extend the Order of Conditions. They updated plans to show the building envelopes and submitted letter addressing the City Engineer’s concerns relative to drainage. They put Flood Plain on map along with compensatory storage per FEMA. The City Engineer reviewed the drainage and the drainage area is sufficient. The City Engineer wanted to make sure the difference in the density and impervious area will be addressed and the difference came out to be minimal. City Engineer did point out the plans cannot be used without written approval from Beals & Thomas. Brian asked the money that will be contributed in lieu of building affordable homes will be put in the Affordable Trust Fund. He talked to the City Planner about this and the fee was based on 3 houses and the figure can be changed if the Board chooses to change it. The Affordable Trust Fund ordinance requires a Board to be set up with certain people assigned to it. Chris Coute stated he received 3 bids for construction of roadway for 1 million and the cost of land ($450,000) and lot cost they will be well 4 over 2 million for a total cost of 10 million. They estimate between $225,000 - $250,000 for house and they will be happy with a 10-15% profit margin. Brian informed the Board that he thinks the Affordable Trust has to be formed per the Ordinance. There was some discussion relative to putting cape code berm on non- sidewalk side and sloped edging on sidewalk side. Nick stated because half of the roadway has any lots. It was stated this will not be a city street. Chairman Campbell suggests strip double yellow line on roadway. WAIVERS: 1. To allow one 5 foot sidewalk with granite sloped edging instead of sidewalks on both sides. (The non- sidewalk side must still be graded to a 2% slope for 5 feet from the gutter line to allow for placement of the required Cape Cod Berm and to avoid a drop-off close to the road edge) 2. Section 222, pg. 20 of the Regulations to reduce the frontage requirements as shown on plans dated September 26, 2017. 3. Section 307.3 and Appendix A, Plate 1, Pg. 22 of the Regulations to reduce the width of the pavement of roadway from 30 feet to 26 feet. 4. Section 311.1, pg 24 of the Regulations to construct a dead end roadway greater than 1,000 feet in length with roadway to be 1,930 feet long. 5. Section 416, pg. 35 of the Regulations to allow each lot to be serviced by individual on-site septic systems. 6. Section 217, pg. 19 to allow plans at a scale of 1”=50’, Lotting Plan 1” = 80’. 7. Section 307.3, pg. 22 to allow for a reduction of the right of way to 40 feet. 8. Section 310.. pg. 23 of the Regulations to reduce the gutterline grade at the roadway entrance from 0.8% to 0.5%. 9. Waiver to use the assumed datum with conversion factors instead of Massachusetts Coordinate System. 10. Waiver of the 100 foot buffer requirements as shown on submitted plan dated May 22, 2007. CONDITIONS: 1. The hydrants must be located within 8 feet of the roadway with the outlets facing the roadway and 20” to 24” above the finish grade. 2. All water services provided must be able to provide 20 gpm at a minimum pressure of 35 psi at the meter outlet during maximum day demand. 3. Due to the length of the main, all fire flow test records done by the proponent should be forwarded to the Water Division for their records. 4. The proposed water work must meet all the Taunton Water Division’s Specifications in order to be allowed to tie into the Water System. It is the responsibility of the proponents engineer to ensure that the design is in accordance with the Specifications, and the Division reserves the right to comment further if the proposal changes or the plans require corrections. 5. The petitioner, and then the Homeowners Association must maintain the roadway in perpetuity as the street shall not be accepted as a City Street. 6. Petitioner must obtain City of Taunton road opening permit for utility tie-ins at Tremont Street. 7. The Homeowners Association shall maintain the drainage system and Open Space. The homeowner’s Association shall be reviewed and approved by the City and subsequently recorded prior to the release of any lots. 8. During all phases of construction, the licensed site contractors shall maintain a clean and safe environment, keeping noise and dust controlled and the roadway surface smooth and serviceable. 5  9. The Subdivision will follow the outside consultant guidelines for inspections, which shall include the water extensions and all other offsite completed in conjunction with this project. The initial escrow deposit for paying for inspections is set at $8,000 and must be replenished back to a $5,000 balance anytime the balance dips below $1,000. 10. The petitioner must supply emergency contact telephone numbers along with contractor personnel names to the Department of Public Works. 11. Each lot must be capable of supporting its own septic systems, in accordance with local and state Title 5 Regulations. 12. The square footage of the open space areas as well as the total square footage of the entire site must be shown on the plan. The project must have at least 40% of the total project dedicated to open space per Section 14.2.3.2 of the Zoning Ordinance. 13. Setbacks for the subdivision are 25 feet front, 15 feet side, 20 feet rear with the exception of Lot 3 with a 15 foot front yard setback. 14. Certified closure calculations by a professional land surveyor must be submitted for the existing lot, proposed lots, easements and roadway. 15. A professional engineer shall give calculations for the 100-year flood elevation. 16. The roadway cross-section must reflect Planning Board’s Certificate of Final Action relative to a 40 foot roadway layout and 26 width of pavement. 17. There must be emergency overflows for treatment basins 1 and 2. 18. Catch basins 1A and 2B must have three (3) 6 inch ductile iron pipes for out letting structures. 19. The treatment basins must have an aggressive maintenance schedule preventing failure and ensuring complete drainage within 24 hours after each storm event. 20. Recorded easement granted to #277 Burt Street relative to the R.OW. and re-locate if necessary due to the new roadway. 21. The inclusionary requires the value of the construction of 3 units to be paid to the City’s Affordable Housing Trust. The amount of $150,000 per unit, for a total of $450,000, one twenty-eighth (1/28th) of which shall be paid upon release of each unit for construction. 22. The open space shall be placed under a Conservation Restriction in perpetuity prior to the release of the 14th lot. This restriction shall call for open space to be maintained by the Homeowners Association to the extent required by that restriction and must be approved by the City. 23. Roadway must be striped with double yellow line. 24. Applicant must obtain permission from Beals & Thomas Inc. to use plans developed for the 2007 Planning Board approval to be used for construction. Brian made motion to forward a letter to mayor to appoint (or re-appoint) members to the Affordable Housing Trust Board in order to allocate the funds to qualifying causes. Seconded by Manny. All in favor. Woodbine Street – Roadway Improvement Plan – Reduction of surety. - Clerk Spencer read the City Planner’s letter into the record. Dennis made motion to release $62,000 of surety, seconded by Tony. All in favor. Brian suggests having the applicant to talk owner of 16 Belvoir Ave. about fencing. Highland Heights – release of lots – request to release lots 10,11, 12 & 26 – holding 0 surety Matt St. Germain & Andy Hopgood were invited in the enclosure. They are requesting release of 4 lots. Clerk Spencer read the Outside Consultants report into the record. 6 Dennis made motion to release 4 lots (lots1,11, 12 & 26) upon receipt of $27,276. Seconded by Manny All in favor. Mello Farms Road – E-5 circulated – Request to release all surety – holding $170,000 plus $24,00 Mylar deposit – Tony Bairos was invited into the enclosure. Clerk Spencer read E-5 reports from Conservation Commission, City Planner, B.O.H., Fire, outside consultant. The City Engineer reports he‘s all set. Tony made motion to find the subdivision complete, forward a positive recommendation for street acceptance, release surety; and release Mylar Deposit after street acceptance hearing. Seconded by Dennis. All in favor. Manny praised developer Tony Bairos for completion of this subdivision. The Board agreed it was a good project done by a good developer. Bob Campbell excused. Arthur Lopes presiding. Public Hearing- Form J – 1358 Cohannet St.- to divide one lot into 3 lots – waiver of frontage – and a Special permit for a common driveway servicing 3 lots – Campbell Hearing opens at 7:10 PM. Roll Call: Carr, Smtih, Abreau, Fiore, Lopes and Spencer present. Clerk Spencer read comments from the City Planner, Fire Dept., Engineer and B.O.H. into the record and placed on file. Dennis made motion to open public input, Seconded by Tony. All in favor. The plans submitted will be signed by Engineer and lettering will be enlarged. It was asked if they had an agreement for snow plowing and it was answered but will need updating. They also will need to file with Natural Heritage. Dennis made motion to close public input, seconded by Tony. Dennis made motion to approve the Form J & Special permit for common driveway to include the dept. comments, seconded by Tony. 1. That a copy of a recorded access and utility easement for Lots A, B and parcel 89-61 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 condition of the access drive which shall be reviewed and approved by the Planning Board prior to recording. 2. The lot lines for “un-surveyed lots should be shown. 3. Lettering on the plans must be larger to be able to read. 4. The applicant must submit a plan showing the entire project to NHESP and provide a letter from them prior to any signing of building permit for Lot B. 5. If municipal water & sewer is not available the lots would need to be able to construct on-site septic systems, with appropriate setback requirements and buffers in accordance with Title 5 regulation, and private wells. All dwellings must comply with the Minimum Standards of Fitness of Human Habitation, State Sanitary Code Chapter II. Hearing closed at 7:23 PM. Meeting adjourned at 7:24 PM. 7