Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: June 20, 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 5:31 PM. Manny made motion to accept minutes of May 2, 2019 seconded by Arthur. All in favor. Public Hearing – Proposed Changes to the City of Taunton Zoning Ordinances – dated March 19, 2019 - Section 440-710 – Accessory Dwellings, Section 440 Attachment #1 – Table of Use Regulations Residential , Section 440 Attachment #3 – Intensity of Use Table – Suburban Residential District – Change the minimum lot area from 30,000 sq. ft. to 25,000 sq. ft. Change the minimum dry lot area from 22,500 sq. ft. to 20,000 sq. ft. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer, and Campbell. Hearing opens at 5:31 PM City Planner Kevin Scanlon reads the legal ad and dept. comments from the B.O.H and Engineer. Jody made motion to make department comments part of the hearing, seconded by Arthur. All in favor. Kevin explains the changes in the accessory dwellings units (in-laws). They would be allowed by right in the Urban Residential District and Suburban Residential District if they met all the requirements. The other change would be to allow a 2 family use in the Suburban Residential District by SP with P.B. The other change is the reduction lot size from 30,000 sq. ft. to 25,000 sq. ft. Manny asked why the reduction? Kevin answers 25,000 square feet conforms to what exists prior to 1988 and it’s part of the master plan that was adopted last year. Jody stated he was around when the zoning changed in 1988 and he has some misgivings about reducing the lot size. He states it’s almost like a “blanket” variance. Brian agrees and cannot vote on reducing the lot size. Brian said he was against that even though it was in the Master Plan. His concern was over development. He asked about the other changes relative to permitting accessory dwelling units (in-law) as a matter of right in the UR & SRD as long as they comply with all requirements under zoning. If they don’t meet all requirements they would need a variance from ZBA. Tony made motion to open public input, seconded by Jody. No one appearing in favor or in opposition. Jody made motion to close public input, seconded by Arthur. All in favor. The Planning Board voted to forward a POSITIVE recommendation on the proposed changes to Section 440-710 – Accessory Dwelling (change is to streamline the process), and Section 440 Attachment #1 – Table of Use Regulations Residential (to provide additional housing opportunities by allowing two-family residences by special permit in suburban residential zones.) 1 The Planning Board voted to send a NEGATIVE recommendation on the proposed changes to Section 440 Attachment #3 – Intensity of Use Table – Suburban Residential District – Change the minimum lot area from 30,000 sq. ft. to 25,000 sq. ft. and the minimum dry lot area from 22,500 sq. ft. to 20,000 sq. ft. The Board is reluctant to reduce the suburban residential lot size while we may be allowing two family homes on those lots. Hearing closes at 5:45 PM Public Hearing - Form J Plan – Waiver of frontage- 513 & 551 Whittenton Street - for the re- configuration of 2 lots into 7 lots, submitted by Armand Tremblay & Shannon McGuire. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer, and Campbell. Hearing opens at 5:46 PM Clerk Spencer read public hearing notice and dept. comments from B.O.H, City Planner and City Engineer were placed on file. Atty. Edward Pietnik and Bob Forbes, Zennith Eng. were invited into the enclosure. Atty. Pietnik stated the property is located on the corner of Whittenton Street (the former Tremblay Movers) and the proposal is to create 7 residential lots. Atty. Pietnik stated these lots fit into the existing neighborhood and the frontage is actually larger than what exists. He stated in the late l980’s it was re-zoned into Suburban Residential District and everything around it was still Urban Residential District. They are proposing to construct single family dwelling in the range of $450,000 - $475,000. This will clean up the property and the existing 2 family will remain. Manny asked about Lot 7 having 2 access points and Atty. Pietnik stated the ZBA wanted them to keep it like that for one way in and one way out. Lots 3 & 4 have garages and warehouse located on them which will be torn down. The trailer on lot 2 will be removed. They will connect to City Sewer. Brian stated the ZBA granted variance based on soil conditions and Atty. Pietnik said there was significant erosion and there is no grass. They will need to bring in fill. Brian stated that 2 people opposed it at the ZBA meeting. Atty. Pietnik stated Mr. Giroux’s wife is not well and without divulging too much they have made agreement and will plant arborvitaes and 6 foot fence along their property line. Chairman Campbell stated the Planning Board’s purview is the access. Chairman Campbell pointed out the curve and it was mentions the ZBA put an 18 foot front setback to avoid any site distance. Chairman Campbell asked where the easterly driveway located there is an encroachment? It was said the encroachment will be removed. It was asked if there are any intentions for any business on lot 7 or possible future division and it was answered no. Jody made motion to open public input, seconded by Manny. All in favor. Brian asked what size houses are they planning on building and it was answered about 3,000 sq. ft. It was asked if they got a shape factor variance and it was answered yes. Frank Costa, lives across the street and this proposal is a good plan. He asked about Lot 6 and the existing house and that house will remain. Mr. Costa said they need better lighting in that area. It will be single family home only. No one opposed. Public input closed. It was asked about putting a sidewalk in? Tony made motion, seconded by Manny, to approve with the following conditions: 1. Install a City Standard ADA compliant sidewalk along the frontage of the property. 2. Erect a 6 foot fence and arborvitaes along the property line of Lot #7 to provide buffer along the property line of Giroux with setback from road with accordance with ZBA condition in Case # 3497. 3. Contact the TMLP regarding possibly installation of street lights. All in favor. Hearing closed at 6:08 PM 2 Cont’d Public Meeting- Modification of Site Plan Review – 375-377 Bay St. – for the removal of condition #11 which requires the rebuilding the sidewalk along the frontage of the project and including the wheelchair ramps and the Bay Street Crosswalk/Alger Avenue intersection and Bradley Ave/Alger Ave. intersection. In lieu of removing the above condition they are proposing to repair and improve the drainage on Bradley Avenue connecting to Bay St., submitted by Aspen Properties Dev. LLC, Christopher Coute. Clerk Spencer read the dept. comments from B.O.H and the DIRB report. Chris Moniz and Chris Coute, Aspen Properties were invited into the enclosure. Chris M. stated this was continued from last month because there was some confusion as to what they were going to do and what EOCD was doing. Chris said they will be doing the handicapped ramps at the corner of Bradley & Alger Avenue and the EODC will be doing the rest of the sidewalks. Tony made motion, seconded by Jody to approve the modification of the Site Plan Review for 375 Bay Street with the following conditions: Condition #1) That the plans dated February 28, 2019 shall govern with the following additional conditions: Condition #2) That all conditions contained in the September 10, 2018 decision of the Planning Board for Site Plan Review shall remain in full force and effect accept as specifically modified in this decision. Condition #3) Condition #11 of the September 10, 2018 decision of the Planning Board for Site Plan Review which reads as follows “rebuild the sidewalk along the frontage of the project and including the wheelchair ramps at the Bay Street crosswalk, Bay Street/Alger Avenue intersection and Bradley Ave/Alger Ave. intersect” shall be removed. Condition #4) Two sets of updated plans shall be submitted that conforms to this decision. Condition #5) The drain pipe through the property shall be a 12 inch pipe. Condition #6) Two catch basins shall be added at the driveway on Bay Street. Condition #7) An easement for the drain line and maintenance of said drain line through the site shall be recorded on 375 Bay Street and 2 Jenny Lind Street for the benefit of the City of Taunton. Copies of the recorded documents shall be provided for the file. Condition #8) A drainage system shall be installed to eliminate the Bradley Ave. overflow into the sewer system. A drainage system shall be installed through the subject property connecting to the existing drainage system on Bay Street near Jenny Lind intersection. All in favor. Public Meeting - Site Plan Review –305 Broadway - for an Office Use and new parking lot layout, submitted by Mazen Eneyni, owned by Marathon Holdings, LLC. Clerk Spencer read the public notice and DIRB report which was placed on file. Jeff Randall, Architect and John Marchand, Civil Engineer was invited into the enclosure. The building is a 5,000 square foot building and has been used as an auto parts but has been abandoned. Currently the building is unoccupied and they are proposing an office use with a new parking lot layout. The building was never handicapped accessible and now it will be. Brian asked if they plan on trimming the trees around the building and it was answered yes, they would be trimming trees and cutting down poison ivy. Public input, No one in favor or in opposition. Manny made motion, seconded by Jody to approve the Site Plan Review with the DIRB comments: Condition #1) That the plans dated May 17, 2019 shall govern with the following additional conditions: Condition #2) Lighting shall not illuminate any portion of the 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 3 according to the approved plans. Plans will show all construction of buildings, utilities, grades, setbacks, etc. Condition #5) Proper backflow protection will be required on the domestic and fire suppression water lines. Condition #6) A radio water meter, supplied by the Taunton Water Division will be required on the domestic water line. Condition #7) Two sets of updated plans that conform to this decision prior to building permit. Condition #8) All 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. Condition #9) Show the doors on the plans. Condition #10) The ADA access aisle shall be placed on space #7 and Space 7 moved to where the access aisle is currently proposed. Condition #11) The cross hatched area in front of the building next to space 6 shall be a raised island. Condition #12) If utilized for Retail, a Title V test of the septic system is required. Condition #13) The plus and minus on the setbacks and lot area shall be removed. Condition #14) Show the 25 foot no touch line from the wetlands line on the plan. Condition #15) The site plan shall be stamped by a land surveyor. Condition #16) Show the building dimensions on the plans. Cont’d. Public Meeting - Site Plan Review - 391 Winthrop St. - for a 51 vehicle auto sales business, submitted by Timothy Strojny, owned by Frederick Kingsley. Letter from Atty. Strojny requesting a continuance so they may go before the Conservation Commission . Tony made motion made and seconded to grant continuance, seconded by Arthur. All in favor. Cont’d. Public Meeting -Site Plan Review -344 Winthrop St. - to allow the display of shed (55) in conjunction with the existing 128 vehicle automobile business, submitted by Tim Fogg. Clerk Spencer read the public meeting notice and dept. comments from the Water Dept., City Engineer and DIRB which were placed on file. Tim Fogg was invited into the enclosure. He submitted new plans showing 38 sheds in conjunction with his auto sales business on Winthrop Street. Tim stated most of the cars are out front and the sheds are out back. It was asked where the State highway begins and he thought it where the utility poles are. He has a septic system. Tim stated his taxed doubled and he has a $150,000 sewer betterment. Brian asked Mr. Fogg if he in agreement with the DIRB comments and he has no problem with them. Tim states he has been there for 16 years and tries to keep a clean property. Tm stated the mobile station next door complained so he moved the sheds to the other side. John asked Mr. Fogg if the structures were like gazebos and he said they are similar. Manny stated he’s a good businessman but reminded him to come here in the future if he wanted to add anything to the site. Tim stated the Building Department came down and then he was told he needed to go for a Site Plan Review and had to get engineered plans. Chairman Campbell suggested pulling vehicles back form state layout line to avoid any encroachment. Public input: No one in favor or opposed. Tony made motion to approve the Site Plan Review to include the DIRB comments and following conditions: Condition #1) That the plans dated June 10, 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 completion of all work on site and shall include certification notes stating that the development has been built according to the approved plans. Plans will show all construction of buildings, utilities, grades, setbacks, etc. 4 Condition #5) The plan shall be stamped by a land surveyor. Condition #6) All spaces shall be removed from the fenced area around septic system on the plan. There shall be no vehicle storage, parking or traffic flow in this area. Condition #7) Two sets of updates plans that conforms to this decision prior to building permit. Condition #8) All 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. Condition #9) The buildings and existing infrastructure that is proposed to stay shall be shown in a bolder line type of the proposed plan. Condition #10) The maximum number of sheds on the site for storage or display at any one time shall not exceed 38 and they shall be located in the defined shed areas only. Condition #11) The maximum number of vehicles on site for storage or display at any one time shall not exceed 102 vehicles and all vehicles shall be store/display in the defined spaces shown on the plan only at all times. Condition #12) The 22 display spaces removed from the fenced area shall be located to the area shown as sheds immediately to the rear of the display spaces shown on the plan and 13 sheds shall be removed from this area. (see condition 10 and 11 for maximum allowable shed and vehicles). Condition #13) No parking of vehicles within the State layout line. Violation of this condition shall trigger a requirement to construct a physical barrier along the layout line, excluding the driveways. Condition #14) A 12 foot front setback from the State layout line must be maintained at all times and shall apply to sheds for sale as well as structures. Public Meeting – Site Plan Review - 7 Cedar St. – Inclusionary Housing Development - 8 units in a Central Business District – submitted by Aspen Properties Holdings, LLC – & Special Permit – Inclusionary housing development 7 Cedar St. – 8 units in a Central Business District – submitted by Aspen Properties Holdings, LLC – Need to forward a recommendation to the Municipal Council Jody made motion to consolidate the Site Plan Review & SP for 7 Cedar Street into one meeting. Seconded by Arthur. All in favor. Clerk Spencer read dept. comments from the Veolia Water, Eng. Conservation Commission, Water and DIRB, TMLP, Fire, B.O.H which were placed on file. Chris Coute stated this is the former American Legion Hall which has been closed for some time. They are proposing 8 units which will consist of one 3 bedrooms, five 2 bedrooms, and two one bedroom (affordable units) which will cost over $1 million of renovations of this building. Chris mentioned some of his past projects which included 16 Trescott Street, 9 Taunton Green and the old Immaculate Conception Church now residential units, along with an 8 unit condo complex on Hart street which are all sold. The site takes up about 95% of the property and they met with DIRB and will commit to give easement for the dumpster pad and ramp. Brian asked about the inclusionary housing and Chris answers they will have 6 units at market ($225,000 - $250,000) and 2 affordable ($1,000 mo. rent for 20 yrs.) Chris stated they will give Taunton residents first preference. Chris said it’s similar to Baron Lofts which was a successful project. Brian asked if he vets the tenants himself and Chris answers yes. He’s pretty familiar with process as he’s a landlord and it will be open to everyone including Section 8. Chairman Campbell asked about the main access and if not there because it’s not accessible Chris answers yes they will be lowering the units to have egress window per the building code. It will be nicely landscaped. Brian asked if they would be changing the outside and Chris answers they will do little mortor outside but trying to keep the existing look with the exception of a new roof. Chairman Campbell asked about city sewer and Chris said they put camera in sewer and they will bring in new service. Chris was in agreement with all the DIRB comments. Open public input, no one in favor or opposed. 5 Condition #1) That the plans dated March 28, 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 completion of all work on site and shall include certification notes stating that the development has been built according to the approved plans. Plans will show all construction of buildings, utilities, grades, setbacks, etc. Condition #5) The handicap ramp and entrance shall be shown on the plan. Condition #6) The drain line easement shall be defined and resolved with the City. Condition #7) Two sets of updates plans shall be submitted that conforms to all of the requirements of this decision prior to building permit. Condition #8) All 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. Condition #9) The proposal will need 8 water shut off vales outside the building and the size of the main domestic water line shall be shown on the plans. Condition #10) The fire suppression line shall be shown on the plan with a separate tap and service line and shall have proper backflow prevention shown. A fire flow test will be required at the nearest hydrant. Condition #11) The existing sewer service shall be shown on the plan and shall have backwater valve protection and an outside cleanout. The sewer line shall meet City Standards and specifications. The Taunton Planning voted to forward a POSITVE recommendation to the Municipal Council on the proposed 8 - Unit multi-family Inclusionary Housing Development. Attached are department comments from the T.M.L.P., Water Dept. City Engineer, Fire Dept. and Board of Health. The Board requests they address the City Engineer’s concerns with the dumpster and utility easement for the drain line and potential encroachments for the ramp and stairs. Public Meeting – Site plan Review – 409 Somerset Avenue - & Prop. I.D. 92-390 – for a new 12 unit multi-family dwelling in conjunction with the 5 unit existing multi-family building resulting in 17 residential units with associated parking, site access, drainage and utilities, located in the Urban Residential District, submitted by MLB Realty Development LLC The Board voted to combine the site plan review and Special Permit review into one. Clerk Spencer read dept. comments from the DIRB, TMLP, Conservation Commission and Engineer into the record. Atty. Thomas Gay, JR. , Michael Binda, Tracy Duarte, P.E. from MBL Land Development were invited into the enclosure. Letter from Atty. Biedak representing Jane Piechota, 12 Presbrey Ave was read into the record opposing the project. The property is located in the Urban Residential District having an existing 5 family dwelling located on it. The proposal is to construct a 3 story building in the back of the existing 5 family building connected by a breezeway. They have a total of 34 parking spaces. There will be new stormwater management system and per the DIRB and some re-grading will be required. They will put a recreation area which will include a swing set and picnic area. Atty. Gay stated the developer will be putting about 2 million into the site. He owns 11 properties in the City and is closing on 3 more so he’s investing in the City. He held a community outreach meeting at the last week to allow abutters to see what he is proposing and address their concerns . Manny said he has received e-mail and a lot calls regarding this proposal. Atty. Gay stated the applicants had plans at community meeting to show length and height of the building. Manny asked what was the mood of the abutters? Atty. Gay stated there was a lot of opposition but he pointed out there are larger developments in the area. They understand the municipal council is the granting authority. What is the height of the new building and it was answered it won’t be any higher than the existing building. Tracy stated they are proposing 12 units and the zoning ordinance allows for 18 units per acre. Brian asked about the existing 5 family building. It was stated that is grandfathered and has been 6 undergoing renovations to make it safer. The City Engineer had some concerns with the site distance and the existing stone wall. Tracey said they widened entrance to 22 feet wide and softened the slope to 10%. They will be pushing fence back 10 feet. It was asked how many people attended the community meeting and it was answered 9 individuals signed in but there was more. They mailed out about 100 notices. Most of the neighbor’s concerns included noise, density, headlights, and impact on the wetlands. It was stated the new storwater management will actually improve the site. Brian asked how the vetting process is done? Mike stated they do background checks, select the best candidate which would include Section 8. Brian asked how much will the rents be? Mike answers $1,450 a month excluding heat. Brian stated he received phone call in opposition . Tony stated the wetlands flood Briggs Street and Knight Street. Tracy explained they would be constructed 2 catch basins and an underground system consisting of 64 chambers to allow for a 100 year storm. They will be putting roof leaders tied into the system, 2 new catch basins in front. John asked if they had a rendering of the building? They said it was a 3 story building 39 feet tall (same as existing building) with a 5 foot breezeway connecting. John asked about the snow storage areas? It was asked what is the maximum height requirement and it was determined per the zoning ordinance it’s 50 feet. Public input: David Ferreira, 10 Briggs St. opposed. He asked how many abutters in opposition does it take to vote something down? Chairman Campbell explained the process in that they have an opportunity to speak. Mr. Ferreira stated he attended the community meeting and left upset. Doreen Kane, 19 Knight St. said when they did the Briggs Street project it did not help the neighborhood. She is opposed, her pumps run very slow and there are issues with traffic. Ethel Caldeira, 398 Somerset Avenue, has lived there for 78 years and she remembers having problems with the family that lived there in the past. She states every time the property goes for sale they try put something else there. She is opposed because they would be losing trees, open space and there is simply too much development. Sonia Ribeiro, representing her dad Manuel Ribeiro, 419 Somerset Avenue, she doesn’t want any more condos and this project will bring house values down. Bob Lundell, 402 Somerset Avenue, lives across the street and he circulated petition of opposition. He stated in 2016 Kevin Wells owned it and he presented pictures of what was being done. He stated he had to go to the Historical District Commission when he wanted to change the door on house he owned. He pointed out that there are 16 vans that come to the school children in the area. There have been 16 accidents in this area and he asked if they planned for snow removal? He pointed out they have 34 parking spaces , what about visitors? Opposed: Mary Reardon, 12 Briggs Street has lived there for 12 years and she had concerns with wetlands, wildlife, encroachment and increase in traffic. Opposed: Linda Rose, 14 Briggs St. stated she grew up in this neighborhood and lived at 409 Somerset Avenue and she has concerns with flooding, fire, safety, any handicapped parking. Sharon Laine, owns 401 Somerset Avenue jointly with Marylou Andrews, has lived there for 63 years and she sees trash, hears noise and lights, and the traffic is bad. She wanted to know the height of the building, any decks, patios? Marylou Malo, 20 Briggs St. opposed. Alice Lundell, 402 Somerset Avenue opposed. Tracy said the building will be slab on grade, they changed the plans after going to Conservation Commission. Bill Tureno, 429 Somerset Avenue, had concerns with how the neighborhood is going to be affected. He asked is Taunton going to stand by us? He stated is it going to be Section 8? Its personal for us, not him, he will gain by making money. He stated it’s nothing personal. He stated the home had nothing but drug traffic (not the current owner) and he is concerned about the wildlife. Ally Medeiros, 24 Knight St. stated it’s flooding now. She asked how many storms can it handle and she didn’t get any answers. Did they conduct a study? Public input closed. Chairman Campbell stated that the council will hold a public hearing for this. Brian stated the neighborhood has issues with water, height of building. He thinks some of these issues will have a negative impact on the neighborhood. John met with Mr. Binda and walked the land and it looks like it will need a lot of fill. He explained what he wanted to do and showed apartments. John stated he never got water until he put in-law in and he can only imagine how this will affect the neighborhood. He understands the neighbors’ concerns. He cannot support this. Jody echoed their concerns. He suggests perhaps scaling down the project because 7 you can’t have it so large you destroy the environment. He cannot support his as presented. The road cannot bear the traffic from 5 units to 17 units. Manny stated this is the first project he’s not comfortable with. Part of the job is to try and make neighborhoods better not negatively impact them. In his opinion it will change he neighborhood and he can’t support it. Chairman Campbell stated 17 units on a small site and he remembers that area flooding from 20 years ago. He also pointed out the proposed recreation spot is the size of 3 parking spaces. He cannot go along with the scope of this. Jody suggesting letting them withdraw and perhaps come back with a scaled down proposal. There was some discussion and they asked for both petitions to be withdrawn. Jody made motion to allow the Site Plan Review and Special Permit to be withdrawn, seconded by Arthur. All in favor. It was noted they would need to send letter to the Municipal Council to withdraw the Special Permit. Special Permit - 409 Somerset Avenue - & Prop. I.D. 92-390 – for a new 12 unit multi-family dwelling in conjunction with the 5 unit existing multi-family building resulting in 17 residential units with associated parking, site access, drainage and utilities, located in the Urban Residential District, submitted by MLB Realty Development LLC. Need to forward a recommendation to Municipal Council Withdrawn see above. Ashleigh Estates Phase I – Update- Ashleigh Terr. & Bryan Dr. - holding $40,000 – all lots released. Ashleigh Estates Phase II - Update - Manken Drive & Ashleigh Terr. – holding $81,000 & 3 lots. Steve Drive- Update – holding 0 surety with no lots. Manny stated they have been dealing with this for a longtime. They have been trying to work with the developer who inherited by subdivision from his father. Manny stated last month sent letter to the Law Department to see if we can pull bond and finish and also explore the possibility of putting lien on other property he owns. According to the planning board records we are holding $44,000 on Ashleigh est. Phase I, $98,000 Phase II and no surety for Steve Drive which is about 30 years old. Steve Drive is the main entrance to these streets and this Board sat down with Steve a few years ago and to see what his intentions are on getting in completed. It was noted we cannot sell lots that we are holding under covenant. Chairman Campbell suggests using Ashleigh Estates monies to finish up roads to make them reasonable useable and then get them accepted. Steve Drive has been there for over 30 years but never go accepted probably because the developer lived there and plowed for them. Now the City does plow. Once accepted the City has the ability to get Chapter 90 monies which allows for grants. It was suggested we give the developer set timeframe and Manny said he remembers Steve indicated he does not have the money to complete. Jody said this is the 3rd generation and the business is out of business. Manny made motion call the surety, based on his indication he cannot finish, and no action within the last 2 years. He also suggests seizing the lots and putting liens on properties in phase I & II. Seconded by Tony All in favor. Russell Pierce, 195 Steve Drive informed the Board that the original developers house is for sale and wondered if there is any grandfathering for the construction business. There was discussion about 80 Steve Drive being for sale and if another construction company could go in there. It was noted the business has been closed for many years. The residents were concerned they would be left with paying for the streets to be completed. Chairman Campbell explains to have a street accepted by the City you need petition signed by 10 registered voters, legal description and a plan and then the Council holds a public hearing. 8 Special Permit – 144 West Britannia Street – Recreational Marijuana Manufacturer submitted by Freshly Baked Co. Jenny Roseman. Need to forward a recommendation to the Municipal Council. Clerk Spencer read dept. comments from Conservation Commission, Engineer, Veolia Water, and Fire Dept. which were placed on file. Jenny Rosen & Phil Smith were invited into the enclosure. Jenny stated they are interested in opening a manufacturing business for infused cannabis at the old Reed & Barton building. They will occupy a small portion of the building. Phil is a disabled veteran and 911 First responder. Manny asked if there would be retail and Jenny answers no. They work with the distributors. Brian asked about the process and Jenny said there are only 5 retail licenses available in Taunton. They are a manufacturer and there is no cap. Jenny said they have security and without going into too much detail its reviewed and approved by the Police Dept. and monitored by the State. There will be no customers and there might be a couple of times a week a distributors will be there. John asked about what they actually do? Jenny said they make oil infused gummies. Everything is tested and must be in compliance with CCC. It was asked if their host agreement gives 3% back to the City and she answers yes. It was asked if the deliveries would be monitored and it was answers yes and they even have cameras in the vehicle. Jenny said the deliveries come in, a transaction is completed and they leave and it’s all on video surveillance. Manny made motion to forward a positive recommendation to the Municipal Council with the following condition and dept. comments. The Board voted to forward a positive recommendation to the Municipal Council (6 members in favor 1 member opposed) on the 800 square foot recreational marijuana manufacturer presuming the on- site utility As Built information shall be updated and verified to the satisfaction of the DPW by June 30, 2019 as required by their approval in the Site Plan Review dated March 18, 2019. Highland Heights – Lot Release – request to release 4 lots – holding $103,276.00 and 13 lots, Andy Hopgood, Clarewood Homes was invited into the enclosure. The request is to release 4 lots. Clerk Spencer read comments from the City Planner, Engineer and outside consultant Field Eng. Tony made motion to release 4 lots upon receipt of $6,500 per lot for a total of $26,000. Seconded by Arthur. All in favor. Massasoit Estates –PRELIMINARY SUBDIVISION - To determine number of units for Inclusionary Cluster Subdivision – located off Middleboro Ave. Steve Figueiredo and Jeff Tallman from Sitec were invited into the enclosure. Clerk Spencer read the dept. comments from the Conservation Commission, City Planner, B.O.H., and TMLP which were made part of the record. Jeff stated the reason they ae here tonight is to determine the multiplier for inclusionary hosing. The preliminary plan was brought before this board in the spring. The base plan shows 8 lots and a Form A lot. They have been before the Conservation Commission for approval. The inclusionary plan shows 18 lots and the property is relatively flat. There will be no grade changes and there is a large upland area in front and wetlands in back. They have conducted soil tests in front on the Form A lot and it was good materials but here is a high water table. Chairman Campbell asked if there is municipal sewer and it was answered no. It was noted it’s at the end of Westcoat Drive but it’s too far away. Manny asked if they were planning on any sidewalks? Brian asked if the detention basin would be the responsibility of the homeowner’s association? It was suggested contacting the FAA and it was noted it’s not in the direct flight path. The Board also suggests show snow removal area on Definitive plans. They need to determine the multiplier . Chairman Campbell would like to see a lower number of lots. Jeff said the entire road need to be brought up which 9 requires a lot of fill. There will be all walk out basements. It was suggested if 16 lots would be reasonable? Steve said he would like to help out neighbors who had issues with the drainage. Brian made motion, seconded by Manny to set the base density at 8 lots and the Board voted that the maximum multiplier if 2.0 for a total of 16 lots for the proposed Cluster Inclusionary Special Permit proposal. The Board realizes a waiver of the 100 foot landscaping buffer will be requested but suggests providing as much of a buffer as possible along lots 1-5. All in favor. SRPEDD – 2019-2020 Planning Board Representative Brian Carr was nominated and he accepted . All in favor. Meeting adjourned at 10:09 PM 10