Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES CITY HALL, TAUNTON, MA 02780 Meeting held at Maxham School, 141 Oak St, ************************************************************* DATE: March 1, 2018 BOARD MEMBERS: Bob Campbell, Chairman Anthony Abreau Arthur Lopes, Vice Chairman Manuel Spencer, Clerk Jordan H.F. Fiore John Reardon Brian Carr ADVISORS: Mark Slusarz, City Engineer Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Carr, Abreau, Lopes, Fiore, Spencer present. Also present was City Planner Kevin Scanlon. Meeting opens at 5:30 PM. Tony made motion to approve minutes of February 1, 2018 seconded by Jody. All in favor. Public Hearing – Proposed Zoning Change – Said properties on County Street to be re-zoned from Urban Residential District to Highway Business District. submitted by Virginia Jones, et als - Property I.D. 79-110 ,Property I.D. 79-111, Property I.D. 79-112, Property I.D. 79-113 – 330 County St., Property I.D. 79-114 – 318 County St., Property I.D. 79-205 – 294 County St. Property I.D. 79-206 – 278 County St., Property I.D. 79-207 – 266 County St., Property I.D. 79-208 – 250 County St. Roll call: Carr, Abreau, Fiore, Spencer, and Lopes. Hearing opens at 5:31 PM Kevin read the public hearing notice along with department comments from the B.O.H., Conservation Commission letter of opposition from Debra Pitman for her Mom, Barbara Goulart, 283 County St., and petition sign by opposition. Atty. Matthew Costa, Virginia Jones were invited into the enclosure. Atty. Costa is representing Virginia Jones and Kevin & Lisa Gregg, petitioners. They are requesting to re-zone parcels from Urban Residential District to Highway Business District. Ms. Jones’ property is on the corner of Gorden Owen Riverway and she has been trying to sell her property for the past 10 years. The interested parties wanted to put some type of commercial and they were discouraged because of the zoning is not permitted for retail. Mrs. Jones has been living there for 30 year and the Greggs for 35 years. The neighborhood has changed and the traffic has increased. The site is not suitable for a residence because the existing dwelling is located too close to the intersection and Mrs. Jones can hear the traffic from her front room. There are several businesses along County Street like 278 County St. Renee’ Beauty Salon, a mixed use next door having a one-chair beauty salon, residence in support and then Cumberland Farms and Pistol Petes store. Cumberland Farms will be moving to Hart’s 4 Corner and more than likely a commercial use will go in when they re-locate. Atty. Costa states it makes sense to bring conformity to County Street and have it zoned for what its actually used for. They intentionally omitted properties on Johnson Street and Linden Street. One concern he heard people asked if why didn’t’ they do both sides of the street? Atty. Costa stated they could consider that in future. He states his clients did not create the existing traffic the mall and developments like Home Depot did. He thinks changing to Highway Business District would let 1 the properties be used to the best & highest use. He also heard we can apply for a use variance and he thinks if you have to do that the existing zoning doesn’t work and he was told it’s more appropriate to re- zone. The City Planner stated he didn’t recommend that. Atty Costa stated he may have misspoke. He stated you will still need a Site Plan Review or in some cases a Special permit which would have continued oversight. At this time the zoning change is not for any specific project. Atty. Costa stated if re-zoned it would be beneficial to the City in receiving additional taxes. If the property at the corner is re-developed land could be set aside for potential widening to adjust the curve. Virginia Jones said her house is about 15 – 20 feet from the intersection and she can hear the traffic and her house shakes. She said it’s not a residential property anymore and she can’t even rent her 2nd floor apartment. She said her lot is truly not habitable anymore. Manny stated the letter from Ms. Pittman would like to see both sides of the road re- zoned but she has issues with it if it’s only one side due to the traffic problem. Manny said it’s kind of confusing. He said he would like to do what is good for the entire neighborhood and he said a lot of elderly in the area are opposed. He stated changing it would change the neighborhood. Jody said he’s very familiar with the area and he is concerned with the narrowness of the road and opening it up for commercial uses. He pointed out if variance or special permit is sough it would be for a specific use and it could be controlled. It was noted if you went to the Council you need 7 positive votes. Brian asked Atty. Costa if they ever reached out to neighbors and Atty. Costa answers no they didn’t reach out to people across the street. Brian stated the propose change will affect them with an increase in traffic and perhaps changing both sides could have been a possibility. If you only change one side the people on the other side of the road are trapped. Perhaps if you changed both sides of the road they have an equal shot to further improve the infrastructure. Tony said anyone can go to the ZBA for Variance and this is a tough spot at a horrible intersection. Atty. Costa said this would add control under the Site Plan Review approval with landscaping, signs, traffic patterns. He stated you can’t assume if a business went in it would be worse. Manny thought the hair salon wanted to increase the number of seats and was denied. He stated if something like a huge gas station goes in it would impact the neighborhood. Many suggests re-zoning both sides might be more conducive. Atty. Costa stated that the re-development would allow the building to be pushed back. Kevin stated this is nothing like Hart’s 4 Corners and when they re-zoned the properties across the Trucchi’s they made the zoning match. This is right in the middle of the Urban Residential District consisting of 16 residential uses, 2 mixed uses, 3 vacant parcels and 2 businesses. The only logical re-zoning would be to include both sides. He stated the infrastructure cannot handle commercial use and it doesn’t appear to meet the criteria of a zoning change. It’s not a cohesive district going through a street and he has a lot of concerns. Jody says the SPR process offers protection but puts burden on the infrastructure and a use variance is for a type of business. Jody stated this would be classic definition of a hardship for a variance. He referenced the old farm that used to be there and old County Street school across from Cumberland Farms and before Pistol Petes store it was a service station. The ZBA will be on a case by case basis. Public Input: Lisa Gregg, 266 County Street one of the petitioners. She stated the petition opposed are not all Taunton residents. Brian asked her if she had a P&S on her property and she answered no. Kevin Gregg, 266 County Street stated their property has been for sale 15 years ago and the deal fell through. Opposed: Patti Santos stated she has a small beauty business out of her house and a lot of her customers signed by petition. Janice Alston, 13 Johnson Street stated her house backs up to Pistol Petes store. She has a kennel license and it was a quiet neighborhood but now is a noisy highway. Barbara Goulart, 283 County Street said its not a residential neighborhood anymore and both sides should be re-zoned. Tony made motion to close public input, seconded by Brian. All in favor. Kevin explains if they execute a P & S they can market it and pursue the variance route. Atty. Costa said the problem with that is you need to go to the ZBA for a specific use. Ms. Jones said they tried that and was unsuccessful. The buyer was discouraged by the process. She stated she had a P&S and they wanted to do a small restaurant strip mall and they got pushback for variance. Kevin said didn’t recall anyone inquiring 2 about her property for a commercial use and he was asking what “ pushback” she was referring to? Ms. Jones said the developer lost interest. Atty. Costa stated you need a hardship when going to the ZBA and it’s based on dimensional not “use” variances. Atty. Costa pointed out all the abutters agree it’s a highway. Atty. Costa stated the submitted petition in opposition was signed by people that don’t live in the City and we can’t be sur they even looked at proposal and what they were told. He said this is a very modest proposal and won’t drastically impact the neighborhood relative to traffic, lighting and will revitalize that stretch of road. Tony made motion to forward a positive recommendation to the Municipal Council. Seconded by Brian. 1 in favor, 4 opposed. Motion does not pass. The Board sends a negative recommendation. Hearing closed at 6: 30 PM Public Hearing – Form J Plan – 56R Liberty St - Waiver of frontage Requirements – to divide one lot into two lots – submitted by Charles Macy. Roll call: Carr, Abreau, Fiore, Spencer and Lopes. Hearing opens at 6:37 P.M. Kevin reads departments comments from himself, B.O.H. and Conservation Commission which were placed on file. Atty. Matthew Costa was invite into the enclosure. He state the lots conforms to the Shape factor and the ZBA granted approval. They showed conceptional house on plans. The existing driveway will be used by the new house and the shed will removed. Each lot has their own access. Jody made motion to open public input, seconded by Tony. All in favor. No one appearing in favor or in opposition. Tony made motion to close public input, seconded by Jody. All in favor. Tony made motion to approve the Form J plans to include the City Planner’s comments, seconded by Jody. All in favor: Hearing closes at 6:43 PM Public Hearing – Form J Plan – Oaklawn Ave. – Waiver of frontage Requirements – to divide one lot into 3 lots – submitted by John Artesani Roll call: Carr, Abreau, Fiore, Spencer and Lopes. Hearing opens at 6:43 PM. Kevin reads department comments from himself, Conservation Commission and B.O.H. which were placed on file. Karen Patneaude, P.E. and John Artesani were invited into the enclosure. Karen stated the ZBA just recently approved 3 lots but a few years back Mr. Artesani went to the ZBA and was approved for 2 lots and then informally came before the Planning Board to see what was required. Due to expenses Mr. Artesani needs 3 lots to make it feasible because he is required to re-pave the entire road and provide sewer. Brian asked what kind of modest homes is he thinking to build? Mr. Artesani answers 22 wide by 38 deep with 3 bedrooms baths, 2 stories. He referenced like the ones on Grove Avenue. He stated it’s very expensive to bring sewer and re-pave whole street. Tony asked about the elevation and Mr. Artesani answers he thinks he would need to have walk-out basement. Jody made to open public input, seconded by Tony. All in favor. No one appearing in favor. Opposed: Jean Silvia, 6 Whitsborough Street stated 3 houses is too much to where a garden used to be. He has a lot of land he must fill. She thinks 2 houses would fit better. Opposed: Ana Lima, representing her mother, Anna Correira, 9 Whitsborough Street. She’ s not oppose to anyone building but 3 lots is too much, She would prefer 2 lots. Opposed: Melissa Buchanan, 13 Whitsborough St., stated she bought her house from Mr. Artesani and was unaware he would be building houses in her back yard. John stated the infrastructure costs too much. Opposed: John Delisle, 238 School Street, stated he’s oppposed. He’s afraid he will come back for more house lots. Tony made motion to close public input, seconded by Jody. All in favor. 3 Manny asked how wide are the lots and Karen answers 62.67 feet wide. John stated he lives in the neighborhood and these lots fit the neighborhood. He stated he had 7 paper lots (smaller lots) Karen stated there is plenty of room and they will be meeting side setbacks. Manny stated he would rather see 2 lots . Manny made motion to Deny the Form J plan as presented (3 lots) seconded by Brian. All in favor. Request denied. Manny made motion to approve the Form J plan for 2 lots only, seconded by Brian. All in favor. Public Meeting – Modification of Site Plan Review - 397 Winthrop Street - for the construction of a 20’ x 28’ metal garage behind the existing trailer/office, submitted by Jean Chedid and owned by Peter Cullen. Kevin read the DIRB report which was placed on file. John Barbour, Jean Chedid and Peter Cullen were invited into the enclosure. Mr. Barbour stated they will follow all the DIRB requirements. Kevin stated he talked to them earlier and they asked about the landscaping on the westerly sider of the property. They wanted to see what happens with the lot next door and wanted to ask for more time to complete that landscaping and Kevin didn’t have any issue with that. He suggests putting deadline for that part for end of October. Tony made motion to open public input, seconded by Brian. All in favor. No one appearing in favor or against. Tony made motion to close public input, seconded by Brian. All in favor. Manny made motion to approve the Site Plan Revie with the following conditions: Condition #1) That the plans dated July 13, 2016 and revised through October 10, 2017 shall govern with the following additional conditions: Condition #2) The site shall have a maximum limit of 104 vehicles for sale, display or storage at any one time and all vehicles shall be parked in the defined display spaces only at all times. 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 sets 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) Two sets of updates plans shall be submitted that conforms to all the requirements of this decision before the Class 2 License is amended and any building permits issue. Two sets are required. Condition #7) There shall be no vehicle repairs in the garage. Condition #8) The dumpster shall be located on a concrete pad, be enclosed with a 6 foot stockade fence, be kept closed at all times and be emptied regularly and shall be located along the westerly property line near the end of the existing stonewall. Condition #9) The landscaping shall be planted in accordance with Section 440-702 of the Zoning Ordinance. A conforming landscape plan shall be submitted and approved prior to any building permits and all work shall be completed by June 1, 2018. The landscaping along the westerly side of the property (approx. 100 feet) MUST be planted by October 31, 2018. Condition #10) The site shall conform to the Conservation Commission RDA#968. The shed shall be removed or a new RDA needs to be filed. Condition #11) No vehicle parts or inoperable motor vehicles shall be stored on site. Condition #12) The minus notations shall be removed from the plan. Condition #13) The plan shall be stamped by a licensed engineer. Condition #14) Remove the note on the plan indicating the driveway will be closed. Condition #15) Remove the note to the rear of the garage indicating a handicap parking space. Condition #16) The handicap space and access aisle shall have a ADA approved surface. Condition #17) The petitioner shall comply with code requirements for fire code and oil/water separators and floor drains for the metal garage building if applicable. 4 Condition #18) The water and sewer service to the metal garage shall be shown on the plan if any present. Special Permit – 61 Summer St. – 50 Unit multifamily development – Need to forward a recommendation to the Municipal Council. Atty. David Gay, representing the owner, Roman Catholic Bishop of Fall River, Bishop Edgar M daCunha, Keith McDonald, Vice President, Stratford Capital Group, Kelly Killion, Engineer, Janice Mamayek, Icon Achitecture. City Planner Kevin Scanlon read department comments from Conservation Commission, Veolia, TMLP , B.O.H. and City Engineer. Kevin pointed out from just reading the City Engineer’s letter that if you are in the Flood Zone you may need to get zoning approval. They are proposing to re-develop the old catholic middle school into a 50 unit affordable housing complex. Stratford Capital Group will be the long term developer ( they have no intention of flipping property) and will more than likely be managed by the Taunton Housing Authority. They are proposing 17 one bedroom, 5 three-bedroom and 28 two-bedroom units. Their most recent project was in Bourne, Coady School which has 58 units of senior housing. Atty. Gay stated as a Bourne resident he went to inquire about this project and was told they did everything they were told to do. It took a while but they did it right. He can attest to the beautiful job they did. Atty. Gay stated he has spoken to Taunton’s administration who is in favor of a project like this. Janice stated they are working to keep the historic look of the building. They will restore the existing marble façade with a new entrance. The existing building will house 32 units and the addition will consist of 18 units stepping down behind the auditorium They are providing 100 parking spaces and there will be a new accessible entry plaza and a convenient drop-off will be created at the interior corner of the school building providing direct access to the core of the new residential community. A new three stop elevator will be cut into the structure making nearly all units visit- able. The new addition will have a flat roof that will terminate below the roofline of the existing building. The new addition will not be visible from the street. They will be preserving the chalk boards and millwork. The Engineer stated the parking will be new and will be fully landscaped. They will work with the Conservation Commission and Board of Health regarding dumpster. The team has been together 10 years. Manny asked how wide the curb cut is and he answers about 24 feet wide. Kevin asked how much is the grade drop from the retaining walls? About 6 or 8 feet. Tony pointed out the ballfields in back floods. Kevin said they could change the flood plain with FEMA and do compensatory storage. Kevin asked it looks like the 2 back parking lots are dead ends? He suggests a turnaround. Or you could do an “Exit only” . Brian asked if this was an inclusionary and it was answered no. Brian wanted to make sure Taunton residents get preference. Keith said they use a lottery system and they are no opposed to local preference they do it by Counties, which would be Bristol County, which for the most part will be Taunton residents. They submitted their application for historic credits on 1-15-18. The estimated project cost is $20 million. They will have to looks at the flood zone and perhaps they could do a map amendment. Brian stated in their submittals the estimated tax revenue is only $25,000? Keith stated it’s based on net income. Tony asked if this project will go towards 40B percentage and it was answered yes. Atty. Gay stated they will be submitting the full affordability structure part of the application of the Council. Keith said they will be on-site management company and security. Jody made motion to forward a positive recommendation to the Municipal Council with the following suggestion having an on-site management company, monies appropriated for security and preferences to local residents. Seconded by Tony . All in favor. Meeting adjourned at 7:30 PM 5