Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak St, ************************************************************* DATE: December 6, 2018 BOARD MEMBERS: Bob Campbell, Chairman John Reardon 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, Reardon, Abreau, Lopes. Fiore, Spencer, and Campbell. Meeting opens at 5:30 PM. Tony made motion to accept minutes of November 1, 2018 seconded by Jody. All in favor. Public Hearing - Proposed Changes to the City of Taunton Zoning Ordinance dated October 16, 2018 Re-Zone the following parcels from Highway Business District to Business District - parcel I.D. 118- 41, 126-5, 118-39, 118-8, 126-4, 126-2, 118-54, and the portion of 126-1 located to the east of Rte. 24 layout. Section 440 – 201 Definitions – Amend –Medical Marijuana Treatment Center & Medical Marijuana Dispensary. Section 440 Attachment 1 – Residential Use, Section 440 Attachment 2 – Intensity of Use – Business & Industrial Use . Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 5:31PM. Kevin read public hearing notice and department comments from the Conservation Commission and B.O.H. into the record. Kevin stated this is to re-zone the Silver City Galleria Mall property which would allow more flexibility to uses permitted. He stated there are a lot of vacancies at the mall and he thinks potentially it will be multi-family in the future This zoning change will provide more options to what is allowed. He stated the other changes will move most of the special permit to the Planning Board resulting in one filing with the exception if you need a variance. This came out of the Master Plan. Brian states he’s ok with the re-zoning but has some questions about the marijuana and table of use. Kevin explained how the table of use catergory works and what is and what isn’t allowed. He stated the medical marijuana is just mirroring the recreation marijuana ordinance by allowing it by a Special permit with Council in the Highway Business District in addition to the Industrial District. Kevin explained the difference between a wireless communication antenna (co-location) and a wireless communication facility (tower) which requires a Special permit with the Council and will now require a SP with P.B. Tony stated he has no issues with re-zoning the mall. Chairman Campbell asked about lot aggregation and if that comes into play. Kevin answers no it doesn’t currently apply. He stated he anticipates smaller buildings not one large building. Tony made motion to open public input, seconded by Manny. All in favor. No one appearing in favor or in opposition. Tony made motion to close public input, seconded by Arthur. All in favor. Brian had questions on the interpretation of the Use table and Kevin explains. Brian made motion, seconded by Jody to forward a POSITIVE recommendation to re-zone the above mentioned parcels from Highway Business to Business District and Amend Section 440 – Attachment #1 & 1 #2 – Intensity of Use which provides flexibility and streamlines the process while keeping in conformance with Master Plan. All in favor.  Section 440 – 201 Definitions – Amend –Medical Marijuana Treatment Center & Medical Marijuana Dispensary Tony made motion, seconded by Arthur to forward a POSITIVE recommendation on the changes to the definitions which provides clarification on the intent of use. 6 members in favor, 1 member (Carr) opposed Public Hearing – Definitive Subdivision – Fuller Estates – located on the southerly side of South Boundary Rd.- to create 14 residential lots, submitted by Hawthorne Dev. Inc. Hearing opens at 5:52 PM. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spence and Campbell. Kevin read comments from Conservation Commission, B.O.H. and himself into the record. Atty. Edmund Brennan, John DeSousa, Seacoast Consulting, LLC, and developer John Garanito, Hawthorne Development were invited into the enclosure. Atty. Brennan said they already received the sewer extension and Form A plans creating lots along South Boundary Road. Now they are proposing a 13 lot subdivision in the Urban Residential District showing 15,000 square foot lots which comply with the zoning. They will correct Lot 4 relative to the lot width requirement per the City Planner’s comments. The drainage is on 3 lots and they will form a homeowner’s association. Atty. Brennan stated this is fairly a straight forward 13 lot subdivision serviced by water & sewer. There is a small pocket of isolated wetland on Lot 5 which will trigger a filing with the Conservation Commission. John DeSousa stated he submitted correspondence to address the City Engineers comments. Clerk Spencer read that into the record. Mark said he was ok with all the responses. He read off the Waiver request. Brian asked the City Engineer about the radius and if there if there is safe site distance? Mark stated there is about 30 feet of the property line and says there is plenty of radius for driveability. Brian stated he’s in favor of granite curbing but ok with the roadway width reduction. John asked about snow removal and where would they put the snow? Atty. Brennan answers they would plow and put snow at the end of the cul-de-sac. Tony also wants granite curbing and suggests skipping the grass strip. Brian asked if the street would be an accepted street and they answered yes. Chairman Campbell asked about the drainage? John DeSousa explains the drainage . They will be using bottom area for infiltration and they can add leach pits with beehives grates. Chairman Campbell asked if Mark checked the site distance? Lot 1 is owned by proponent and they will make sure it’s adequate. There is about 266 feet to corner. Developer looked into looping water main but that didn’t work out. The sewer runs down Boundary Road to Fremont Street to the intersection of Jessie Lane & Fremont Street. Chairman Campbell stated they need to put street sign, show typical section for pavement description (it shows 46’ on plans should be 50’) show snow plow easement and hydrant location. Public Input: David & Yvonne Roth, 23 Jessie Lane are in total opposition to this because of the added traffic, environmental risk, snow storage. They have major concerns with the whole project and Yvonne indicated she will be calling EPA to make sure everything is ok. Ryan Sergens, 44 Jessie Lane also is opposed and worried about the snow storage. It’s a destruction of the wildlife and there is not much room from his property to where they want to build. He thought the developer would have had more consideration for the residents. Amanda Surgens, 44 Jessie Lane state she’s a jogger and this will only add more traffic and she asked if they could build sidewalk on South Boundary Road. Opposed: David Roth, 23 Jessie Lane states it’s a dangerous curve and this will add to the traffic. He suggests removing lots 6 & 7. Opposed: Chris Rich, 45 Jessie Lane also opposed. He lives on the south side of Lois Lane and he asked where the street light would be going? It was answered at the end of Basset Street. Caroline George, 4 Edgewater Lane, she has lived there for 50 years and the traffic has increased and she would like to see street lights. Chairman Campbell stated per the P.B. Rules & Regs. one is required at the 2 intersection and one at the end of the cul-de-sac. John Garanito stated there is no power on South Boundary Road . Brian pointed out the issues with lot 4? Tony suggests possibly having a no cut zone on the two lots at the end of the cul-de-sac. John G. stated he has shortened the roadway during the sewer extension permit process . Amanda Surgens asked the Board what is the purpose of public input if the Board grants it? Chairman Campbell explained that people have a right to developer their property and the Board takes into consideration the public input’s concerns and the P.B. rules & regulation and try to find a balance. John G. stated they try to save as many trees as possible with clearing each lot at a time. Mrs. Surgens wanted to go on record the proposal is a negative impact on Jessie Lane abutters. It was asked what type of houses he would be building? John G. answers ranches, colonials and capes. Brian stated he would like to see corrected plans addressing the City Planner and City Engineer’s comments. Brian reminded them that the Board requires plans be submitted at least one week prior to the meeting. It was asked if they would be building duplexes and John G. it’s allowed but they are not proposing them. The Board discussed the waivers and they were in agreement they would not waive the granite curbing. John made motion to continue to next month, seconded by Brian. All in favor. Public input kept open. All in favor. Public Meeting - Site Plan Review – 344 Winthrop St - to allow the display of shed (51) in conjunction with the existing 128 vehicle auto sales business, submitted by Timothy Fogg. Letter requesting a continuance to February meeting to have time to get updated plans. Motion made and seconded to grant continuance to February 2019. All in favor. Public Meeting - Site Plan Review – 391 Winthrop St. - 51 used vehicle auto sale business, submitted by Timothy Strojny, owned by Frederick Kingsley Letter requesting a continuance to January, 2019 meeting. Motion made and seconded to grant continuance to January 3, 2019 meeting. All in Favor. Tony made motion to revert out of the regular order of business, seconded by Jody. All in favor. Public Meeting - A Modification of a Site Plan Review - 30 Mozzone Boulevard - to eliminate the separate stand alone building and expand the amount of parking associated with the proposed development, submitted by Commonwealth Alternative Care Inc., owned by Daniel DaRosa. Kevin read the DIRB comments into the record. Kevin stated he spoke to petitioner prior to meeting about condition #9 relative to recreation marijuana dispensary relative to parking for the dual use. Atty. Matthew Costa, Bob Field, Field Engineer was invited into the enclosure. The site was previously approved and now they are eliminating the outbuilding and adding more parking. There will be 240 spaces and they provided a walkway. Should a Special Permit for recreation dispensary be approved it would trigger condition #9. Atty. Costa stated the Board gave a recommendation to Council on the Special Permit. Tony asked if the building they eliminated was the lab? Bob Field answers yes they will have lab at another site. Brian asked if they are increasing parking in anticipation of adding recreation marijuana. Bob stated yes potentially and said condition #9 will come into play. Public input: No one appearing in favor or opposed. Jody made motion to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated August 30, 2018 shall govern with the following additional conditions: Condition #2) All conditions of the Planning Board Site Plan Review approval dated October 9,2018 shall remain in full force and affect except as specifically modified in this approval. Condition #3) Lighting shall not illuminate any portion of abutting properties Condition #4) The site shall be kept clean and clear of debris 3 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 confirms to all of the requirements of this decision before a building permit is issued. Two sets are required. Condition #7) A plan sheet shall be added showing the entire site proposal on one sheet. Condition #8) Compliance with Order of Conditions 2771 is required. Condition #9) Should a Special Permit for a recreational dispensary be approved then the guard shack in the northwesterly side shall be moved in line with the northwesterly corner of the building, an island added in the parking lot and the two gates moved to this area also. This will free up more parking for a dual use of employee parking or customer parking outside of the gated parking and in the front of the building. Condition #10) Pipe sizes and runoff calculations shall be provided. Condition #11) An updated Hazardous Materials Plan is required from the Board of Health. Condition #12) In the southern parking area, a catch basin shall be used instead of the flared end. The catch basin at the island shall be moved to the southern most roadway edge. In the western parking area, a catch basins shall be added and the paver water way eliminated. Condition #13) The roof drains connect to ta catch basin on Mozzone Boulevard. The connection shall be a DMH and a third DMH shall be added at the cul-de-sac. All in favor. Public Meeting - Site Plan Review- 15 Lawton Street - for the construction a new 8 unit multi-family building resulting in an 11 unit multi -family development, submitted by Hawthorne Development. Kevin reads the DIRB recommendations into the record which were placed on file. Atty. Edmund Brennan, John Garanito and Jeff Tallman, Sitec were invited into the enclosure. Atty. Brennan explains how they are proposing to build a new 8 unit building on the site in conjunction with the existing 3 family which results in 11 units. The Board forwarded a positive recommendation to the Council in the summer and now we are here for the Site Plan Review approval. They renovated the 3 family and now will add new building. The Board is familiar with the site from reviewing it for the Special Permit. The plans shows 2 driveways . Arthur made motion to open public input, seconded by Tony. All in favor. No one appearing in favor or in opposition to the request. Arthur made motion to close public input, seconded by Jody. All in favor. Tony made motion, seconded by Jody to approve the Site Plan Revie with the following conditions: That the plans dated October 29, 2018 shall govern with the following additional conditions; Condition #2) The dumpster on the plan shall be located on a concrete pad, be enclosed with a stockade fence, be kept closed at all times and be emptied regularly. 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. Condition #6) Two sets of updated plans shall be submitted that conforms to all of the requirements of this decision before any building permits will be issued. Condition #7) The assessor’s lot reference shall be corrected from 105-116 to 105-117. Condition #8) Show the water line to the existing 3 family on the plans. Condition #9) The roof drains shall be tied in the drainage system. Condition #10) The existing stone swale shall be utilized for the outlet/spillway. Condition #11) Any sidewalk panels damaged during construction shall be replaced in kind. 4 Condition #12) To minimize the disturbance to sidewalks, it is suggested that utilities be located in the driveways. Condition #13) A plan shall be recorded combining the various parcels into one lot. All in favor. Cont’d Special Permit 219 High St. – 5 Family Use – submitted by Jose M. Andrade – Need to forward a recommendation to the Municipal Council, Jody recuses himself. Evan Watson, Prime Engineer was invited into the enclosure. This was continued from last month. He stated this house was destroyed by fire last year and they are planning on re-building the 5 family use. The Board wanted new plans showing 10 spaces. The new plan shows 10 spaces on site, no on-street parking. Tony asked how wide is the existing curb cut and Evan answered 18 feet wide. He suggests having sidewalk ADA compliant. If not then re-construct. Brian asked if the parking will be paved and Evan answers asphalt and lined. No one appearing in favor or opposed. The Planning Board voted to forward a POSITIVE recommendation to the Municipal Council for a 5 family Multi-Family Use based on plans dated November 15, 2018 showing 10 parking spaces and NOT relying on on-street parking and if the existing sidewalk along the property frontage is not in compliance with ADA requirements that it must be re-constructed to comply with ADA/AAB requirements. Katherine Drive – Request to release Lot 6 –holding 2 lots & $50,000 Tony Sousa was invited into the enclosure. City Engineer stated some work was done without approval relative to the detention basin. Mr. Sousa stated there was flooding and he changed piping for detention basin. Kevin stated we are holding $50,000 and 2 lots. He’s asking for release of one lot. He read the outside consultant’s report. Tony made motion to release lot with no additional surety being required, seconded by Arthur. Also to have developer provide drainage calculations as soon as possible for the detention basin. All in favor. Highland Heights - Request to release 5 lots _- holding $57,276.00 and 24 lots. Kevin stated he was originally requesting 4 lots and now wants an additional lot released for a total of 5 lots. He recommends posting $9,200 per lot for a total of $46,000. Andy Hopgood was invited into the enclosure. He was hoping the required fee was like prior lot releases. Kevin stated they re-evaluated the work. He stated the more work completed the better. Tony made motion to release 5 lots upon receipt of $9,200 per lot (totaling $46,000) seconded by Jody. All in favor. E-5 – Woodbine St – Roadway Improvement Plan – request to release all surety & last lot – holding $60,000 and 1 lot. Kevin stated there was an issue with a hydrant but that’s completed now. The new drain is working and everything is completed. Manny made motion to find the roadway improvement plan complete and release last lot, release all surety including Mylar Deposit. Seconded by Brian. All in favor. 5 Brian informed the Board that the Municipal Council is drafting ordinance relative to used car dealers. The Board extends their congratulations to City Engineer, Mark Slusarz, who will be retiring at the end of the year. The Board appreciated all his input and wishes him well in his retirement. John extended his appreciation to the Building Commissioner for violation letter to the used car dealership at 397 Winthrop Street on our request. However; he noticed the dumpster is not on a concrete pad. Kevin suggested he refer it the Board of Health as it’s under their jurisdiction. Kevin said this site has several issues and they are working to get it in compliance. Meeting adjourned at 7:46 PM. 6