Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES CITY HALL, TAUNTON, MA 02780 Meeting held at Maxham School, 141 Oak St, ************************************************************* DATE: April 4, 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, Spencer and Campbell present. City Planner Kevin Scanlon and City Engineer Michael Patneaude present. Meeting opens at 5:31PM. Tony made motion to accept minutes of March 7, 2019 seconded by Manny. All in favor. Tony made motion to revert out of the regular order of business, seconded by Arthur. All in favor. Fiore present at 5:32 PM Public Hearing – Proposed Changes to City of Taunton Zoning Ordinance dated Feb. 19, 2019 –Need to forward recommendation to the Municipal Council – Bay Street Rezone - The proposal is to rezone assessor’s parcel 14-16, 2007 Bay Street from Office District to Business District and to rezone the Suburban Residential zoned portion of assessor’s parcel 14-10, 2070 Bay Street to Business District Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 5:32 PM Clerk Spencer read the Bay Street public hearing notice. Kevin stated this proposal is for the Northwoods Medical Center to be re-zoned from Office District to Business District. Also included is the Tedeschi retail plaza because a portion is located in the suburban district and the intent was to have it zoned Business District. Public Input opened: Dick Shafer, Project Manager for TDC spoke in favor of the proposal. Richard Pimental, 21 Drive just wanted some clarification of the proposal. Kevin explained it. Tim Hladik, Jr. 87 Pickens St., Lakeville, Ma. had some questions. Robert & Kathy Kahler, 46 Erin Drive had some questions. No one else in favor opposed. Public input closed. Manny made motion to forward a positive recommendation to the Municipal Council for the proposed changes to re-zone Assessor’s Parcel 14-16, 2007 Bay St. from Office to Business and to re-zone the Suburban Residential zoned portion of assessors parcel 143-10, 2070 Bay Street to Business. Both are changes reflecting the actual and appropriate usage. Seconded by Tony. All in favor. Hearing closes at 5:40 PM. Tony made motion to revert back to the regular order of business, seconded by Arthur. All in favor. 1 Cont’d. Public Hearing – Special Permit – 2318 Bay St – for a convenience store with a drive-thru, car wash, with a filling station in the Business District, submitted by Gulf Resources Inc. Continued hearing opens at 5:41 PM. Clerk Spencer read new communication received from Luke Grant, Norton Sewer Commission, Law Dept., Conservation Commission which were placed on file. Atty. Williams Rounds, Richard Carrigg, Gulf Resources and Jeff Bandini, Traffic Engineer were invited into the enclosure. Atty. Rounds stated the Board continued the hearing for several reasons. They wanted more information on the Zone II Water acquifer, intermunicipal agreement between Taunton & Norton, updated traffic study and tank information. Jeff stated they expanded the traffic study to include Northwoods site and King Philip Rd. They assessed 5 intersections and crash data for the last 5 years. They looked at the historical growth, and all projects recently and the most recent traffic counts. There will be adding some traffic but not a dramatic amount. John stated after reading the traffic study the conclusion is identical? How can that be? He asked if they included the diesel pumps in the study and it was answered yes. Jeff explained that there will be some added traffic but the people who will use this site are already on the road. There won’t be traffic coming from another part of town to use this gas station. John asked the City Engineer if he agreed with the minimal increase and he answered yes the information provided is adequate. Manny said the end result shows no negative impact on the neighborhood and City Engineer agrees. Brian stated he read the newspaper article from Mr. Lincoln and he had some concerns. The tank details were discussed. Brian asked when the alarm goes off who is notified? It was answered it could be multiple people. Mass. Federal regulations requires it has to be the operator and there needs to be a program in place in case of a spill. They need to be certified trained employees just for the alarm. Brian asked there is a concrete containment wall as a 3rd backup. He asked if their insurance company covers a spill? It was answered yes but not sure to what extent. There is a double wall piping with a sensor at the other end. It can be programmed to alert whoever we want . Brian asked what happens if some gas is spilled form people fueling up? There is a canopy over the filling station and there are “groves” in the hazardous limit area at grade level which circles the entire fueling. There is a spill kit which soaks it up and contains it. Any accumulation of drips goes into the “grooves”. He asked about the elevation and possible flooding and Atty. Rounds answers they will need to build up the property. Discussion about the safety of the tanks and the applicant contacted his contact on tanks and he has never heard of any issues with these types of tanks. They are fire rated for 2 hours and they have a double safety and will have video surveillance. Brian stated he drove down to the site and his concern was one lane turning two lanes and thinks it might be at risk for rear end accidents. He suggests having a “Left Turn Only” and refers it to the Mass DOT, DPW and Engineer. Tony stated the tanks are inspected by the State and monitoring every year. John stated it was noted in the submittal that the tanks were gun tested and he asked what kind of gun was used and it was answered a 30 caliber. John asked about the drive-thru and if it at seating and it was answered no seating at this time. John asked if they would be having diesel and they answered yes. Chairman Campbell asked about the uncommon connection ? It was noted they will need an oil/water separator. Manny asked if the City would receive notification when the alarm goes off. He suggests someone in the City is made aware and maybe the fire dept. and DPW. Tony made motion to re-open public input, seconded by Arthur. All in favor. Atty. Ben Dowling representing Mark Lincoln spoke about the updated traffic study and what land use code was used which makes a difference? There was nothing in the traffic study on proximity of the highway the 2 study done conducted. He points out on page 15 it shows only 1% background growth? He passed out Mass DOT growth rates between 2% - 5%. He asked if they contacted SRPEDD? It was answered no. He suggests flipping the buildings to have the gasoline station & store on the other side further away from the residential houses . Opposed: Diane McGillant, 33 King Philip Rd. representing Water& Sewer Commission. She explained the different types of sewer one being the general gravity which is a collection line and high pressure line which services 140 houses, including The Chateau, and the Intermunicipal Agreement doesn’t allow to future connections. Chairman Campbell pointed out he was the City Engineer at the time this was all approved and he said it’s force sewer main and it was intended to include everyone. Ms. McGillant disagreed. She was also concerned with the tanks and pumps and the day to day operations with the spillage from trucks, oils from trucks and is concerned about the Zone 2 well protection area. She stated the previous proposal from the same developer was in an area with more houses. Opposed; Phil Rose, 2330 Bay St. opposed. He asked how long was the traffic study done and it was answered 1 day. It was during weekday AM & PM peak hours. He stated the standard is 24 – 48 hours and the traffic study shows no significant increase in traffic of which he disagrees. He asked how much did the traffic study cost and who paid for it? Chairman Campbell replies it doesn’t matter who paid for what. He thinks every attendant needs to be trained on what to do in an event of spillage/leak. His concerns include water runoff and the Board stated they would address that at the Site Plan Review process. Mr. Rose asked who is responsible if his well is polluted? He asked how many gallons of gasoline will be on site and it was answered it fluctuates. Tim Russell, 4-6-8 Bay Rd. states he’s about 200 yards away. In 1978 it was a disaster and there was a bad accident in the area. He disagrees with the traffic study because it’s insanely busy. He said the pump station smelled so bad. Richard Pimental, 21 Erin Rd. stated he was frustrated because the applicant couldn’t even give a definitive answer about how many gallons of gasoline will be on site. He pointed out there has been bad accidents along this stretch of roadway. Kim Ryan, 6 Samoset St. She had concerns with where the snow would go and if they had a stormwater management plan? It was stated during the Site Plan Review process snow removal is addressed. She’s concerned with any spills and all she has is her house she will be stuck with what the Board approves. Mark Lincoln, 2368 Bay St. submitted a letter from Jean Lincoln, 123 King Philip Rd. opposed. Opposed: Dennis Proulx, 117 Scadding St., Greg Ward, 82 King Philip Rd. opposed, Tom Lincoln, grew up in the area and points out there are 11 gas stations within a 4.5 mile radius. He is concerned about the affect it will have on Winnecutit, Sabattia Lake and the Snake River. Scott Goldstein, 10 Bay Rd. opposed, too much traffic, Jeff Sypek, 16895 Bay St. opposed. John White, 12 Court St. in favor and agrees with the TDC that what they are proposing is allowed under the zoning Susan Fernandes, 55 Lakeridge Dr. in favor, Paul Craven, 1601 Bay St. in favor, John Doherty, 2318 Bay St. stated the proposal is for a first quality gas station and the property is zoned for it. He feels the opposition is a “scare tactic”. Claude Giroux, submits study showing statistics on taxes generated, etc. In favor; Keeghan Doherty, has lived on this property for 21 years and has never see the traffic as bad as the opposition claims. Lee Avalino, 18 Walnut St. in favor thinks it will be beneficial. Opposed: Paul Lincoln, heir to John Linciln, 324 W. Britannia St. , Phil Bourget, 7 Basset St. opposed. He asked how much gasoline is in a tanker truck and it was answered 9,000 gallons. His concern is the wells. Tim Avelino, 5 Prospect St in favor. Tony made motion to close public input, seconded by Arthur. 3 Manny made motion to grant the Special Permit with the following conditions: Condition#1) That the applicant reach out to MassDOT to determine what, if any traffic control or pavement marking improvements may be warranted on Bay Street in the vicinity of the proposed Special Permit uses and to obtain the required access permit. Condition #2) That the alarm(s) on the systems monitoring fuel tank leakage, fuel line leakage and fueling island spillage be set up to immediately notify the filling station owner, the persons designated to maintain the fueling components and the Fire Department of any and all alarms, including false alarms. Condition #3) That the applicant file a Notice of Intent with the Taunton Conservation Commission as the property is within a Zone II Wellhead Protection Area and it contains or abuts wetlands, including an intermittent stream. The applicant received an Order of Resource Area Delineation from the Conservation Commission on January15, 2019. Condition #4) That the owner be responsible to install, maintain and monitor 24-hour video surveillance of the Special Permit premises. It was also understood amongst other information in the presentation that the Special Permit premises will not be utilized for truck parking / idling or other “truck stop” uses. Site Plan Review has not been approved for this Special Permit use and is required. Hearing closed at 7:47 PM Public Hearing :County Street Rezone Proposal - The proposal is to rezone the existing Office District to Highway Business District and to expand the district to encompass several existing businesses that are located in the Urban Residential district. The parcels are located between 95 Summer Street to the west and 125 County Street to the east and 11 Ingell Street to the south. The following parcels shall be rezoned from Office District to Highway Business District: Parcels 66-214, 67-118, 67-117, 67-116, 79-1 and the portion of 66-211 located to the south of County Street. The following parcels shall be rezoned from Urban Residential District to Highway Business District; 67-11, 66-217, 8-132, 78-123, 78-131, 66-217, 66-218, 66-201 through 66-210, 66-198, 66-230 Roll Call: Carr, Reardon, Lopes, Fiore, Spencer and Campbell. Abreau excused. Hearing opens at 7:53 PM. Clerk Spencer read the public hearing notice. Bill Smith, 62 County Street had some questions. Kevin explains that the proposal and says some uses could require special permit. No one appearing in opposition. Public input closed. Manny made motion to forward a positive recommendation (6 members in favor, 1 member excused) to the Municipal Council on the proposal to rezone the existing Office District to Highway Business District and to expand the district to encompass several existing businesses that are located in the Urban Residential district. The parcels are located between 95 Summer Street to the west and 125 County Street to the east and 11 Ingell Street to the south, and all are changes reflecting the actual and appropriate usage. The following parcels shall be rezoned from Office District to Highway Business District: Parcels 66-214, 67-118, 67-117, 67-116, 79-1 and the portion of 66-211 located to the south of County Street. The following parcels shall be rezoned from Urban Residential District to Highway Business District; 67-11, 66-217, 8-132, 78-123, 78-131, 66-217, 66-218, 66-201 through 66-210, 66-198, 66-230 . Seconded by Jody. 6 members In favor, 1 member excused. Hearing closes at 8:00 PM 4 Public Hearing - Rte. 44 rezone proposal (Dean Street) - The proposal is to rezone the existing office district and some surrounding Urban Residential and Industrial zoning to Highway business and to follow property lines. The parcels identified are located between 40 Dean Street and 172 Dean Street. The following parcels shall be rezoned from Office District to Highway Business District in their entirety; Parcels 56-98, 56- 62, 56-61, 56-60, 56-46, 56-43, 56-41, 56-40, 56-39, 56-38, 56-37, 56-101, 56-102, 56-103. The following parcels are partially zoned Urban Residential and partially Office District and shall be rezoned Highway Business District in their entirety: Assessor’s Parcels 56-95, 56-94, 56-93 and 56-42. The following parcels are zoned partially “office” and the portions currently zoned “Office” would be rezoned “Highway Business District” Assessor’s parcels 56-36, 56-45, 56-94 and 56-97. The following parcels would be rezoned from ‘Urban Residential District” to Highway Business” Assessor’s Parcels 56-24, 56-25, 56-14 through 56-19, 55-753, 55-754, 66-164, 56-100, 67-1 through 67-4 and the portion of 67-119 north of the Taunton River. The following parcels are zoned partially “Urban Residential” and partially “Industrial” and would be rezoned “Highway Business” in their entirety: Assessor’s Parcels 55-755, 55-756, 55-757 and 56-13. The portions of the following parcels that are currently zoned “Office” would be rezoned from Office to “Urban Residential” Assessor’s parcels 56-59, 56-58, 56-47, and 56-63. The following parcels would be rezoned from “Industrial” to “Highway Business”: assessor’s parcels 55-758, and the portion of parcel 55-846 that abuts parcel 55-758. Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 8:00 P.M. Clerk Spencer read the public hearing notice as presented. Kevin stated they are following the property lines for the properties currently in the Urban Residential District to Highway Business District. Some properties being changed from URD to HBD were requested from several home owners. It was asked if 40 Dean Street would still be in the overlay district and Kevin answers yes. Jody stated the proposal would be reflecting the current uses and make it more consistent. Public input: No one appearing in favor or opposed. Public input closed. Jody made motion to forward a positive recommendation to the Municipal Council to rezone the existing office district and some surrounding Urban Residential and Industrial zoning to Highway business and to follow property lines. The parcels identified are located between 40 Dean Street and 172 Dean Street and all are changes reflecting the actual and appropriate usage. The following parcels shall be rezoned from Office District to Highway Business District in their entirety; Parcels 56-98, 56-62, 56-61, 56-60, 56-46, 56-43, 56-41, 56-40, 56-39, 56-38, 56-37, 56-101, 56-102, 56-103. The following parcels are partially zoned Urban Residential and partially Office District and shall be rezoned Highway Business District in their entirety: Assessor’s Parcels 56-95, 56-94, 56-93, and 56-97. The following parcels would be rezoned from ‘Urban Residential District” to Highway Business” Assessor’s Parcels 56-24, 56-25, 56-14 through 56-19, 55-753, 55-754, 66-164, 56-100, 67-1 through 67-4 and the portion of 67-119 north of the Taunton River. The following parcels are zoned partially “Urban Residential” and partially “Industrial” and would be rezoned “Highway Business” in their entirety: Assessor’s Parcels 55-755, 55-756, 55-757 and 56-13. The portions of the following parcels that are currently zoned “Office” would be rezoned from Office to “Urban Residential” Assessor’s parcels 56-59, 56-58, 56-47, and 56-63. 5 The following parcels would be rezoned from “Industrial” to “Highway Business”: assessor’s parcels 55-758, and the portion of parcel 55-846 that abuts parcel 55-758. Seconded by Arthur. All in favor. Hearing closed at 8:05 PM Public Hearing – Special Permit – 49 Sakonet Ave. – For the Renewal of an Accessory Dwelling Unit. Submitted by David Veras Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 8:05 PM. Clerk Spencer reads the public hearing notice and department comments from B.O.H, City Planner, Water, Engineer and Conservation Commission. Jody made motion to make department comments part of the file. Seconded by Arthur. All in favor. David Veras was invited into the enclosure. He wishes to renew the special permit for the existing accessory dwelling unit. Chairman Campbell stated this was the ZBA approval but since the zoning changes now it’s the P.B. approval. Brian asked if they need to renew every 5 years and it was answered yes. Open public input, no one appearing in favor or in opposition. Public input closed. Manny made motion, seconded by Arthur to grant the Special Permit for the Renewal of the accessory dwelling unit to include the Department comments, seconded by Arthur. Condition#1) The existing water service will need a radio read meter if not on site now, by the Taunton Water Division. Public Hearing – Special Permit – 244 Broadway – 2 family use in a Highway Business District – submitted by Harvest Home Prop. LLC. Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 8:12 PM. Clerk Spencer read the public hearing notice and department comments from the City Planner, B.O.H, Veolia Water, TMLP, and Conservation Commission. Jody made motion to make department comments part of the file, seconded by Arthur. All in favor. Brian Wallace, JC Engineering and Gerry Smith, Harvest Home Property LLC were invited into the enclosure. The proposal is to covert the existing building into all residential. It’s a mixed use consisting of residential & office and they want it all residential. Brian asked if they were going to fix it up and Mr. Smith answered they would be putting new roof, siding, remodeling interior and it will look new again. Brian said it looks like there is quite a bit of space so there should be no issues with parking. It was asked if they were planning on paving and Mr. Smith said he would rather leave it gravel but if required he will pave. Public Input open: no one appearing in favor or opposed. Public input closed. Arthur made motion, seconded by Tony to grant the Special Permit for the 2 family Use with the following conditions: Condition#1) The existing water service will need a radio read meter if not on site now by the Taunton DPW Water Division. Condition #2) The property will be serviced by municipal water and sewer. All dwellings must be comply with the Minimum Standards of Fitness of Human Habitation, State Sanitary Code, Chapter II. Public Meeting - Site Plan Review – 200 John Hancock Rd. - for miscellaneous site improvements including a concrete pad over existing pavement and two new equipment pads to support chiller 6 equipment for the operations within the existing building submitted by Daniel Madru – Margulies Perruzi Architects, owned by Wyman Realty Trust. Clerk Spencer read the DIRB report into the record. Rich Riccio, P.E., Field Engineering Co. and Dan Margulies, Architect were invited into the enclosure. They are here for a modification to the parking and adding a concrete pad for the hydrogen tank. They received TDC approval and they will re-stripe and it will be handicapped accessible and AAB . They will put Leland cypress and fencing for screening. Brian asked if they submitted revised plans and they answered yes they did for the DIRB showing erosion control and the DIRB and Conservation are ok with it. Public Input opened: no one appearing in favor or opposed. Tony made motion, seconded by Manny to grant the Site Plan Review with the following conditions: Condition #1) That the plans dated February 14, 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) A hazardous materials permit modification from the Board of Health is required. Condition #6) The water service shall have proper backflow prevention devices as per Ma DEP/Plumbing Code and the water meter must be a radio reader. Condition #7) Two sets of updates plans that conform to this decision prior to building permits. Condition #8) The proposed hydrogen tank and chiller equipment shall require property backflow protection to the existing domestic water services on site. Condition #9) The existing water services will need proper backflow prevention and radio read meters. Condition #10) Dumpsters shall be shown on the plan, located on a concrete pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly. Special Permit – 30 Mozzone Blvd., - Recreational Marijuana retailer and cultivation, manufacturing, research and transportation facility – Need to forward a recommendation to the Municipal Council. Clerk Spencer read dept. comments from the B.O.H., Water Dept., Veolia, Fire, Engineer and Conservation Commission into the record. Atty. Matthew Costa, Gay & Gay, P.C., and Bob Field, Field Engineering was invited into the enclosure. Atty. Costa stated they are requesting to add recreation marijuana to existing site at 30 Mozzone which is permitted for medical marijuana. Commonwealth Alternative Care is utilizing this site and the adjacent site (16 Mozzone Blvd.) and wishes to add recreation to the existing use. John asked if they conform to the parking requirements. Atty. Costa state they conform and they need to go thru the licensing process and expect it to be done by summer. Atty. Costa stated they are not anticipating a lot traffic like the first one that opened in another city. John asked if they had their host agreement approved by the Council and they answered yes. They amended it to add retail and it’s at 3% and they will also get excise tax from this. Brian is pleased at where this one is located. He asked what happens if they have more than 5 and it was stated it’s up the Municipal Council to approve only 5. The security is required to be approved by the Police and Fire per the ordinance. Jody made motion to forward a positive recommendation to the Municipal Council for recreation marijuana retailer and cultivation, manufacturing research and transportation. Seconded by Arthur. 5 in favor, 2 opposed (Reardon & Carr). 7 7 Cedar Street – Inclusionary Housing Development – requesting the Base Density be approved at 5 Units – submitted by Aspen Properties Inc. Atty. Brianna Correira was invited into the enclosure. Clerk Spencer read department comments from the B.O.H., Water Dept., Engineer, and City Planner into the record. Kevin states the Board needs to determine the base density which will allow them to apply for a certain number of units. Atty. Correira stated this is the former American Legion Building and her client, Aspen Properties is proposing to restore the building and turn it into 8 living units. They will be applying for a Special Permit Inclusionary Housing with the Municipal Council and they need to have the base density set. They will be asking for a waiver of parking requirement. Jody stated he’s delighted to have something done with the historical building. He noted there is a public municipal parking lot close by. It was asked if the units will be offered to Taunton residents first and Chris Coute answers he believes yes according to the Affordable rules. Manny made a motion to set the base density at 5 units for the proposed inclusionary housing development at 7 Cedar Street, seconded by Brian. All in favor. Cont’d. Site Plan Review – 391 Winthrop St. – for a 51 vehicle auto sales business, submitted by Timothy Strojny, owned by Frederick Kingsley – Letter requesting another continuance. Tony made motion to grant another continuance, seconded by John. 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. Meeting adjourned at 8:47 PM 8