Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES CITY HALL, TAUNTON, MA 02780 Meeting held at Maxham School, 141 Oak St, ************************************************************* DATE: February 7, 2019 BOARD MEMBERS: Bob Campbell, Chairman Anthony Abreau Arthur Lopes, Vice Chairman John Reardon Manuel Spencer, Clerk Jordan H.F. Fiore Brian Carr ADVISORS: Michael Patneaude, City Engineer Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell present. Meeting opens at 5:31PM. Tony made motion to accept minutes of January 3, 2019 seconded by Manny. All in favor. Public Hearing – Special Permit – 2318 Bay Street – for a convenience store with a drive-thru, car wash with a filling station in the Business District – submitted by Gulf Resources Inc. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell present. Clerk Spencer read the public hearing notice along with department comments from the City Planner, Fire Dept., Cons.Comm., Engineer, Veolia Water and B.O.H. which were placed on file. Letter from Kerri Cummings, 32 Samoset St., Norton, Ma opposed. Atty. William Rounds, 115 Broadway, and Richard Carrigg, Gulf Resources, Jeffrey Bandini, P.E., McMahon Transportation Engineer & Planners, and Jamie Bissonnette, Zennith Engineering were invited into the enclosure. Atty. Rounds states due to the most recent zoning changes the Planning Board is the granting authority for Special Permits for car wash, drive-thru and filling station. The entire property is located in the Business District and Gulf Resources has a P&S Agreement . Gulf Resources has a lot of experience with these types of developments and they have been trying to locate in this part of the City for some time. They were recently told by the ZBA to go on the other side of Route 495 when they tried to put a gas station in an area on Bay & Field Street. The property is close to the Industrial Park and this part of Bay Street is pretty much zoned for business. For about 30 years the Route 495 Range to the Park needed some business activity. The zoning has been there for a long time. This is the first step and if approved they will be back for a Site Plan Review along with a list of permits they would require. They have been before the Conservation Commission for an Order of Conditions. They need to go to the Council for gasoline permits. Jamie stated there will be regular pumps for auto in front and the drive-thru is located on the right of entrance/exit. There will be parking along the side and front of the site. The drive-thru is around the convenience store and in front of the proposed carwash. They will also provide picnic tables and handicapped access. They will provide much more detailed plans showing stormwater management procedures during the Site Plan Review process. John asked why the ZBA denied the proposal on Field & Bay Street? Atty. Rounds said he thinks they thought it wasn’t an appropriate site even though it was recently re-zoned to Business District. He thinks it was too close to the residential neighborhood. Jody asked if the larger building is the retail and the smaller building is the car wash and it was answered yes. It was disclosed that they do have another commercial building (16,800 sq. ft.) for a future use on the plans. They stated the City Planner suggested they put it on showing the most intense use and they wouldn’t need to come back as a Site plan Review because they would have showed enough parking for the maximum use. 1 Brian suggests swapping buildings and putting the gas station where the proposed future commercial building is. It would be less intrusive to the neighborhood and closer to Rte. 495. He asked what are hours of operation? Atty. Rounds answers the gas hours would be 4:30 AM – 11 PM. Brian said the traffic study was done for only 2 days and it doesn’t include the Industrial Park. Brian says they will probably want to advertise on Rte. 495 and that will attract more traffic. He thought the traffic study should be more detailed and more than just 2 days. Arthur asked if the tanks are above ground and Mark Smith, CMG Engineer answered yes above ground and went through the details of tanks. He has been a petroleum engineer since 1990 and these tanks will have double walls, concrete and fire rated steel tanks. He stated the double walled tanks are the method they use now. One tank is completely in another and sealed. Tony is familiar with the tanks he’s describing and they are the good type. Manny asked if the tanks are registered and protected against any runoff to Lake Winnicunnet. Mark stated all of that gets inspected by the Fire Department. Manny asked if there was sewer in the area? Jamie said sewer is on Bay Street but they are using forced mains. Manny asked how close is this to the neighborhood? It was answered there are several hundred feet away from the residences. Atty. Rounds stated they had contacted with all neighbors and the owners did take into consideration what they wanted. They are proposing additional screening along the right side of the property. John asked if they have diesel pumps and the plans show 2 diesel pumps (one on each side) and there is enough room for 8 trucks. The gas station would be open from 4:30 AM – 11:00PM. Rich stated the trucks are fueled and the deliveries with be from box trucks. John stated the traffic study shows 84 more trips from this site. He asked if they expect to draw from surrounding communities? Jeff stated there will be 84 additional trips based on the formulas used. There is a lot of traffic on the road already. Brian has issues with the traffic study and he thinks there will be a lot more than 84. Jeff stated there will be 84 new trips (not a total of 84) and there are no issues with the level of service. They will be demolishing the house and there are 6-7 houses on the Taunton line and a few from Norton side that will be affected. There will be added lights, noise and trucks idling. Jamie stated they have provided landscaping and will show that on the definitive plans for the Site Plan Review. It was asked if they would ask for another curb cut and it was answered no they cannot per DOT. Manny stated it’s important to the Board to protect the neighbors and the tanks are about 100 feet away from closest neighbor. It was stated there is about 40 – 50 feet from the property line to closest neighbor. Atty. Rounds stated the property is located in the Business District but they also recognize the neighbors. Brian stated they have to determine if this is a positive impact on the neighborhood, will it increase property values? He stated they are trying to maximum the business use. John asked about the hours and it was answered the store will be open from 4:30 – 11 PM, carwash 7 AM – 8 PM, and drive-thru 4:30 AM – 5 PM. Chairman Campbell asked if there is an area restricted to diesel pumps and asked if they would allow trucks idling? They said they are not proposing it now or in the future. Public Input: William White, 2299 Bay Street lives right across the street since 1962. He stated the property contains restrictions relative to the acquifer protection zone. He stated the wells for the Industrial Park are nearby. He stated the plans show no details on buildings and drainage. He too thinks the traffic study is insufficient. John Doherty, owner stated the property consists of 7 acres and he bought it in 1983. He fixed up his property and been in the house since 1986. He has had many inquiries about selling the 44 acres. He stated that a developer wanted to put gas station in south of Rte. 495 and there was a lot of local opposition. The ZBA suggests they go to the north side of Rte. 495. Mr. Doherty stated he has had many people run out of gas, have flat tire and a gas station would have been good to have. He stated when Mr. Aranjo ‘s son wanted to put an asphalt business in we were all in favor. Now that they sold house they are here tonight in opposition. Mr. Doherty stated that Mr. Lincoln has always been opposed but from his house you can’t see it. He stated there is zero inpact from King Philip Street. Letter from Gary Jacobson, Trustee , 171 Otis St., Hingham,Ma. was read into the record. In favor: Linda Curren, 2339 Bay St. a direct abutter. She is 100% in favor. Richard Shafer, Retired Economic Director of TDC is in favor. He stated he supported BJ’s approval and due to the change in ownership and change in prospective they 2 chose to NOT pursue gas station. He also went on record in support of the previous proposal gas station at the Field /Bay Street location. He stated over the past 20 years he has had numerous inquiries (cracker barrel) that wanted to go in here but Mr. Doherty wasn’t ready. Chairman Campbell asked Mr. Shafer if the City took over all the infrastructure in the Park and Mr. Shafer answers yes. Mr. Shafer stated the Dever wells would not be in jeopardy. Mr. Shafer said there are 7,500 employees in the Industrial Park consisting of 3 shifts so they don’t leave all at once. Lisa Doherty, owners stated she has raised 3 boys and there has always been trucks associated with Mr. White’s business. She has dealt with trucks beeping, idling at 4:30 AM from Barry’s Paving and she was ok with that because they were business zoned. She stated that Mr. White wanted to be included in the deal. Mr. Emond, 60 Ashleigh Terrace stated he goes into work at 1:00 AM to work as a truck driver and would appreciate a gas station on the way. Mark Ladik, 115 Broadway, in favor. Timothy Haddock, 5 Hoffman St., stated he travels to work this way and would use it. Paul Doherty, 1270 Somerset Ave. works in the Industrial Park and would like to see it. Keeghan Doherty, 2318 Bay Street is in support of it. Kevin Fernandes, 55 Lakeridge Drive in favor. Claude Giroux, 465 CraneAve. So presentd proposed tax benefit showing what a gas station would generate for the City in taxes verses a residence. He stated today’s technology will protect the environment. Tony made motion to make Mr. Giroux’s tax submittal as part of the record. Seconded by John. All in favor. Five abutters in the audience just wanted to me recorded in favor. Opposed: Mark Lincoln, 2368 Bay Street he has lived there for 4 years and his house is registered as a historic home. His home has been hit a few times of which put hole in wall and another time almost hit gas meter and 6 years ago they hit his porch. He has a circular driveway and 6-9 children wait for the bus here. Mr. Aranjo’s property has been damaged too. He stated 2 tanker trucks per day at around 5:00 AM and at midnight travel by. He stated in 2017 the ZBA denied the proposed gas station at 1925 Bay Street The homes here have sump pumps because of the topography of the properties, (street is 79 feet and flood plane is 73 feet) He stated the agreement between Norton and Taunton has restrictions as to how much sewer can go through. Atty. Ben Dowling, representing Mr. Lincoln stated he they filed their Special Permit with the Planning Board on January 15th and he has talked to the City Planner a few times. He pointed out the traffic study did NOT include Rte. 495 and the Industrial Park. The Planning Board’s role is to determine if this use is consistent with the Zoning Ordinance. He pointed out the traffic study was conducted in January and he thinks it would have been done in the Spring or Fall. Tim Russell, owns, 4-6- 8-10 Bay Road is in opposition. There is a lot of traffic and there are 2 gas stations one exit down. Philip Rose, 2330 Bay Street lives directly next door is in opposition. He would be the most adversely one affected by this. His house is 300 feet off the road but he will hear the noise, see trash and it will be a nightmare. This would be 30 feet from his driveway. He states he has a shed on his property and it’s 15 feet from property line. He stated he did approach them to see if they would include his parcel. He stated he had issues with the Post office delivering his notice of the Conservation Commission’s meeting. Opposed: Tom Lincoln, 105 King Philip Road. Mark Lincoln, 2368 Bay St. stated he’s been in the Coast Guard for 28 years and is aware of the how they construct the gas pumps, pads and he thinks the water table is high and putting a gas station here would be a detriment to the neighborhood. It would also affect the nesting bald eagles that are here. His concerns also include safety with the added traffic. Kim Ryan, 6 Samoset Ave. Norton, Ma has lived there for 32 years and it takes her 10 minutes to get out of her driveway. She pointed out it’s a bus stop too. Her basement floods and she is required to have flood insurance. She stated she heard there is manganese in the water causing the water to be black. She’s aware the zoning is Business but they live here and she will be impacted by a gas station. Diane Mcgillant, 33 King Philip Road on behalf of Norton Sewer/water commission. She mentioned 30 years ago they rezoned but the reason why it hasn’t been developed is because the difficulty of putting anything on this location. It was previously mentioned the elevation of the site where the storage tanks area, truck re-fueling area, car wash is also the corner of the property that drains directly into Lake Winecunnet. Elevation of Lake is 66 feet and elevation of property is 69. Soil is sandy and cannot put Title V system in there. Norton has spent up to $300,000 to improve water 3 quality of the Lake which is part of the Taunton River Protection Zone. It’s in a Zone II protection for Taunton which is the secondary water supply in case anything happens. Regarding the intermunicipal agreement between Norton & Taunton. Norton supplies 7 existing users based on the use at that time (in 2001) There is a lateral for the existing house and it’s not suitable to support this development. The sewer is a high pressure transmission line that cannot be tied into, its on Taunton’s property and Taunton may want to take the risk but it’s not allowed in Norton according to the Sewer & Water commission. The Customer would have to build their own sewer line to bring back to pump station or over bridge to gravity system. Now she’s speaking as a resident, the plans does not seem to be well planned out. She has maps and the lake is about 100 yards from the back side of this property. She points out additional flaws in the plans. Opposed: Todd Myers, 92 King Philip Rod and he built his house (4 Bedroom) and was not allowed to tie into the sewer so how can they for this type of the development? Kim Myers stated this proposal is wreckless and there are too many concerns. Melinda Hathaway, One Bay Rd. opposed for the environmental issues. She stated there has been a prohibition against gas station because of the water supply. Manny stated there is a gas station off Exit 9 (Bay St.) and Exit 8. He asked the Chairman about the Water Acquifer Protection and if there any restrictions? Chairman Campbell stated during the Special Permit process we can put condition relative to hour, tanks, etc. and during the Site Plan Review process we can put conditions relative to the site. Tony suggests continuing and request additional information like an updated traffic study, the intermunicipal agreement between Norton & Taunton. John stated he has not read the traffic study that was just given to him yet. Brian too has questions and would like to continue to get more information. He would like an updated traffic study to include the Industrial Park and Rte. 495 and the agreement with Norton & Taunton. Atty. Rounds wanted if he was responsible for requesting the intermunicipal agreement and Tony stated the Board can get that. Attorney Rounds also stated the only reason they put the other building on the plans is because they were trying to avoid having to come back so they put the maximum density which requires the most parking. They can scale it back. Brian made motion to continue until next month and request info on the Zone 2 Water well water acquifer, details on fuel tanks, and updated traffic study (to include the Industrial Park & Rte. 495. Seconded by Tony. All in favor. Continued to the March 7, 2019 meeting. Public Meeting – Mod. of Site Plan Review – 2070 Bay St. – for the Removal of condition #10 – Hours of operation of the existing retail business (currently approved for 6 AM – 10 PM ) submitted by 7- Eleven Inc. Clerk Spencer read department comments from the DIRB, Fire Dept., Engineer and TMLP which were placed on file. Also letter from Janet Cooke, 22 Crane Avenue North in support of proposal. Atty. Jon Aeita, and Carla Dunham, Field Consultant were invited into the enclosure. Atty. Aieta stated they wish to remove the condition relative to the hours of operation from the original approval. He stated they have no issued with the other conditions that were placed on the approval. Tedeschi initially went in in 1993 and then 2005 a drive-thru went in. He stated the original conditions were put into place because it was a residential area. He stated 7-Eleven has 240 location and 70% of them are open 24 hours. He stated Tedeschi was different but since 7-Eleven took it over they feel they would be a benefit to the neighborhood with being open 24 hours. There will be no alterations, no building changes and there is plenty of parking. They wish to capture the business of the Industrial Park and feel it would be a great benefit to the area and not a negative impact. It was asked if they would be extending the hours for the drive-thru and it was answered no. The drive-thru closes at 10 PM. John asked if they sell alcohol and it was answered no. Jody pointed out the letter of support from an abutter on Crane Avenue North who would be most affected by it. Public Input open, no one in favor or opposed. Close public input. Tony made motion, seconded by Brian, to approve the Site Plan Review with the following conditions: 4 Condition #1) That the plans dated September 29, 2014 shall govern with the following additional conditions that are carried forward from the previous approvals with the exception of the removal of the hours of operation restriction which is currently 6 AM to 10 PM. Condition #2) A full set of updated plans shall be submitted and approved and proof or recording shall be provided on the decision prior to the issues of building permits. Condition #3) Deliveries shall be limited to the hours between 12:00 PM and 5:00 PM unless aid delivery vehicle can utilize a parking space. Condition #4) A full set of as-builts shall be submitted and approved within six (6) months of completion of wok on-site. Condition #5) All deliveries shall be made in the rear unless said delivery can utilize a parking space. Condition #6) Trash pick shall be between the hours of 12:00 PM and 5:00 PM only. Condition #7) The speaker shall be utilized between the hours of 6:30 AM and 8:00 PM only. Condition #8) All employees shall park in the parking area to the right of the building only. Condition #9) That the landscaping to the east side of the property be increased to eliminate the jog in the pavement at the entrance. Condition #10) That the ADA handicap space to the right be removed to be located in conjunction with the handicap space in front of the building and that the space be striped and signed properly as a van accessible space. Condition #11) That a Food Plan Review shall be required from the Board of Health for any changes in the interior flow of the Dunkin Donuts. Condition #12) That the dumpster shall be located on a concrete pad, enclosed with a stockade fence, closed at all times and emptied regularly. Condition #13) That the site be kept clean and clear of debris. Condition #14) The petitioner shall maintain all landscaping and fencing, and shall replace/repair as needed. Condition #15) All lighting shall be placed so as not to shine, glare, or project onto abutting properties. Condition #16) No overnight parking of vehicles shall occur on site, including refrigerated trailers. Condition #17) The petitioner shall have a maintenance plan for the catchbasins and 4,000 gallon separators which shall be submitted and approved by the Board of Health. Condition #18) That trash pickup on abutting properties will occur daily. Condition #19) That no queuing of vehicles from the drive thru shall occur on Bay Street. Condition #20) That the stockade fence located behind the concrete sound barrier shall be maintained and retained or an appropriate substituted screening approved by the abutting property owner shall be placed to screen the sound barrier from the abutters. Condition #21) That a 6 foot high concrete sound barrier shall be erected for a distance of 238 feet along the rear property lines abutting the properties owned by Maureen Quigley and John Doherty as depicted on the approved plans. Public Meeting – Site Plan Review – 802 Bay St. - for an existing 6,045 sq. ft. retailing building to have a 902 square feet converted to Office Use and 353 sq. ft. converted to residential use, Submitted by Kanchi RE LLC. Atty. William Rounds was invited into the enclosure. Clerk Spencer read the DIRB comments which were placed on file. Atty. Rounds state that his client, Mr. Patel came to the conclusion that he didn’t need all the space in the existing building of the store. He is proposing taking some square footage and use it for an office use and a one bedroom living unit. The property is located in the Urban Residential District and they went to the Zoning Board of Appeals and received approval. As a result of that it triggered a Site Plan Revie. The ZBA did place some conditions relative to having snow storage, dumpster location, and moving 5 wires of which they have no issues with. They have no issues with the DIRB conditions. Brian asked about the condition about the wires? Atty. Rounds answered they were concerned with the wires interfering with the delivery trucks. Public Input: No one in favor or opposed. Public input closed. Jody made motion , seconded by Manny, to grant the Site Plan Review with the following conditions: Condition #1) That the plans dated August 3, 2018 and revised through January 15, 2019 shall govern with the following additional conditions: Condition #2) Lighting shall not illuminate any portion of abutting properties. Condition #3) The site shall be kept clean and clear of debris. Condition #4) Two sets of as-builts shall be submitted upon occupancy for 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 #5) Compliance with ZBA decision on Case # 3472. Condition #6) Two sets of updated plans shall be submitted prior to building permit. Condition #7) The site must meet the requirements of the state sanitary code. Condition #8) The plans must be stamped. Condition #9) Dumpsters 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. Condition #10) The project will be subject to Taunton sanitary sewer standards and specifications. Condition #11) A sewer as-built shall be required and the sewer lateral will require updates with a backwater valve and outside clean out. All in favor. Public Meeting – Site Plan Review – 569 Winthrop Street - for a 7,850 square foot addition to the existing industrial use building, submitted by Recycle Realty LLC. Letter from Atty. Zajac requesting a continuance until next month. Motion made and seconded to grant request for a continuance. All in favor. Cont’d Public Meeting – Site Plan Review – 344 Winthrop St – to allow the display of sheds (51) in conjunction with the existing 128 vehicle auto sales business, submitted by Timothy Fogg. Letter from applicant requesting a continunce. Motion made and seconded to Grant continuance to next month. All in favor. Tony brought up increasing the stipends for the Board now that all special permits will need planning board approval. Tony made motion to send letter to Kevin Scanlon to request an increase in the Planning Board members stipends due to the most recent zoning changes that resulted in the planning Board being the granting authority for Special permit in addition to Site Plan Reviews. Seconded by Brian. All in favor. Meeting adjourned at 8:47 PM 6