Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: July 25, 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, Lopes, Fiore, Spencer and Campbell present. Meeting opens at 5:30 PM. Arthur made motion to accept minutes of June 20, 2019 seconded by Jody. All in favor. Public Hearing – 521 Tremont St. - A Special Permit from Section 440 -710 of the Zoning Ordinance for the Renewal of an Accessory Dwelling Unit. Roll call: Carr, Reardon, Lopes, Fiore, Spencer and Campbell present. Hearing opens at 5:30 PM Clerk Spencer read the public hearing notice along with department comments from the Fire Dept., Eng., Veolia Water, Conservation Commission and Board of Health. Petitioner Lauren Haen was invited into the enclosure. She states she’s here tonight to renew the accessory dwelling. Nothing has changed. Public Input open. No one appearing in favor or in opposition. Public input closed. Jody made motion, seconded by Brian to grant the Special Permit for the Renewal of an Accessory Dwelling Unit with the following condition: Condition #1) The dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Hearing closed at 5:35 PM Public Hearing – 52 Washington St. - A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a triplex (3 -family) in an Office District. Roll call: Carr, Reardon, Lopes, Fiore, Spencer and Campbell. Hearing opens at 5:36 PM Clerk Spencer reads dept. comments from the City Planner, Veolia Water, B.O.H., Eng. Conservation Commission and Water Dept. which were made part of the record. Letter from Raymond & Stanley Sidor and Juan Rodriguez. Chris Coute and Jeff Tallman, Sitec Engineering were invited into the enclosure Chris says he recently purchased this property from the City and verified it was a buildable lot with the City Planner. He stated he’s proposing a 3 family in a neighborhood consisting of 19 multifamily and of those 11 of those are 3 families or more. He addressed the concerns raised in the City Planner & Engineer’s letter and showed stairs on the plans, patios (not decks) and submitted updated site plan showing the correct square footage. They will be having a slab instead of basement. Chris said he would be happy to speak with abutter Mr. Rodriguez in regards to possible fence or retaining wall. He would be happy to put it if it fits. He also addressed the letter from Mr. Sidor in regards to traffic. The existing traffic is busy and he stated the 25,000 sq. ft. self-storage facility was approved and he doesn’t think his proposal will add that much traffic. Jody 1 asked if he addressed the City Planner’s concerns and Chris answered yes. They made adjustment. Manny asked how many bedrooms and Chris answers 3 bedroom 1 ½ baths and will be sprinkled. They did similar project on Staples Ave and it has been well received. He provided 2 parking spaces per the zoning ordinance for each unit. He will put turnaround on the site Manny asked what way will house face and Chris answers it will face Washington Street. Brian asked about the certified As-Builts and Chris said that will be submitted when it’s all completed. Brian asked if it was in the Flood plane? Chris said no. They are proposing a 22 ½’ x 78’ foundation with a 2 foot overhang. The units will be about 1,000 sq. ft. each and sell for about $230,000 - $250,000. Brian asked about Mr. Sidor’s letter in regards to putting a duplex instead of triplex? Jeff stated there is adequate room and all setbacks are met to have a triplex. Jeff said there will be typical roof gutters . There has been recent improvements to this area from Mass DOT. Chris wanted to point out that per the Zoning Ordinance they are allowed to ask for a certain number of units per acr and he could be asking for 7-8 units but he is only proposing a 3 family . He thinks it’s the right area and fits in nicely and he has invested in the area since his office building is in the immediate area. Jody asked if he would be replacing the building and if it would be a Washington Street address? Chris said the City Engineer assigns the house numbers. Manny asked how far back is it from Washington Street and it was answered about 37 feet. Manny stated he grew up in this area and he remembers the furniture store there. He’s concerned with how they are going to maneuver onto Washington Street? Chris stated this is the 5th property he purchased and will be major improvements to it. He stated when the property was used for commercial purposes they made it work. He thinks it being a residential use it will be less of an impact on the neighborhood. Chris stated they will provide turnaround for each unit, and will invest a lot of money like they did on Staples Ave and Weir Street. He has a good reputation. John asked about the utilities and Chris answers they will need to bring 2 sewer stubs in and each will have individual water line. Chairman Campbell asked about curbing along the street? Chris said Park Street curbing is all broken up. Chairman Campbell suggests at a minimum have curbing along your frontage to Park Street. He stated the sidewalks are kind of neglected. Public Input: Juan Rodriguez, 9 Park Street stated he is concerned with his property because it’s higher than this property. Chris stated he would be happy to looks at either putting fencing or retaining wall. He states as long as it doesn’t adversely affect the drainage. Brian suggests having the City Engineer and work with the developer and abutter to come up with a solution. Jeff stated they will need to grade out the property. Jean Leger, 56 Washington Street had some questions relative to the grading and the fact that the don’t know the property lines are. Jody made motion to close public input, seconded by Arthur. All in favor. Chairman Campbell asked if there would be any play area and Chris answers they will have exclusive areas assigned to each unit. Manny made motion to approve the Special Permit with the following conditions: Condition#1) That the plans dated July 1, 2019 and revised on July 25, 2019 shall govern with the following conditions: Condition#2) The existing water service will need a radio read meter if not on site now by the Taunton DPW Water Division. Condition #3) The property will be serviced by municipal water and sewer. All dwellings must comply with the Minimum Standards of Fitness of Human Habitation, State Sanitary Code, Chapter II. Condition #4) Erect 6 foot tall fencing along the property lines abutting owners on Washington Street and Park Street (along Leger and Rodriguez properties) Condition #5) The existing drainage patterns are to remain the same unless it’s to the benefit of the abutters. Condition #6) Provide the ability to turn a vehicle around on each lot. Condition #7) Install curbing along the frontage of the property, excluding driveways. Condition #8) Petitioner to work with the City Engineer and the abutter (Rodriguez) to determine if a retaining wall is needed to address any elevation differences. 2 Condition #9) No dumpster allowed. Hearing closed at 6:27 PM Public Hearing – 562 Winthrop St. - A Special Permit from Section 440 - Attachment #1 of the Zoning Ordinance for a single family residential use (sober house) in a Highway Business District. Hearing opens at 6:28 PM. Roll Call: Carr, Reardon, Lopes, Fiore, Spencer and Campbell. Clerk Spencer read the public hearing notice and dept. comments from Fire Dept., City Planner, Engineer, Conservation Commission, B.O.H and letter from abutter Joanne Albergaria. Jody made motion to place dept. comments and letter on file. Seconded by Arthur. All in favor. Ben Dowling and Dylan Callan were invited into the enclosure. They are seeking a special permit for a single family use in a highway Business District. He actually runs a sober house but under the zoning ordinance it’s treated as a single family use. He was just recently notified by the Building Inspector that he must get a Special permit for a residence in the Highway Business District. Dylan said the previous owner has been operating a sober house without the proper zoning approvals. Ben stated this house will provide affordable housing for those in recovery who are tested regularly. They have 7 bedrooms, 3 bathrooms and 2 kitchens with 17 parking spaces . Ben stated there is a great need for this service. John asked if they have been operating all these years without proper zoning approvals? Dylan stated he just purchased the property last month and he understands the previous owner has been operating without the approvals. Ben stated that under MGL there is no “license” needed for a sober house but under the Zoning Ordinance a residential use in a Highway Business District requires a SP from this Board. John asked how many residents are there? Dylan answers 15 residents including a manager. It was noted they may need upgrade septic system or change to municipal sewer. John asked if there has been any issues? Dylan stated the police were called twice because of one client who has since left. There is an Asst. Manager on site for extra support. The place is all males and it’s self-pay and has surveillance cameras. Brian asked why the fencing that was promised to the abutter hasn’t been done yet. He stated this is a unique building that will have many people living there and wants to ensure the fencing goes in. Dylan states he interviews the clients himself and they are either coming out of rehab or jail and hey usually stay about 60 days. He stated if you fail the drug test then you can no longer stay but he tries to help them find beds within 24 hours or they can go to Morton Hospital. Arthur asked if the person who the police had to go there for still there? Dylan stated no. Dylan stated he received letter from Building official that he need to apply for Special permit. John stated that prior to him taking it over the police were there 16 times. Dylan stated that those people are no longer there. It was asked if Dylan lives on site and he answered no he lives in a tent in Main. He stated there is a manger there 24 hr 7 days a week and an Asst. Mgr. Public input No one in favor. Opposed: Joanne Albergaria, 556 Winthrop St. stated she’s right next door and she has issues with people cutting through her property. There was one issue with a man running from the Police and they ran through her backyard to Nichols Mills. She suggests having a bigger house number sign to identify the place because she gets people stopping at her house. She stated she spoke with Dylan and was promised fence and he has not put fencing up yet. It was asked how he purchased the property . Dylan stated he had an opportunity to buy from friend’s family through a private mortgage. He’s 27 years old and this is his first house. Manny suggests putting the fence up ASAP to satisfy the neighbor’s concerns. Arthur asked how are patients referred to this place? Dylan answer through MASH they take referrals from certified sober houses. He stated he helps these people get on their feet. Jody made motion to close public input, seconded by Arthur. All in favor. Brian agree they need to put condition about fencing neighbor within 30 days so it can be enforced. Chairman Campbell asked Dylan if he priced fencing? He thought about $5,000 and he said he didn’t’ have that kind of money. There was some discussion from Board members that the fencing needs to be done for the neighbor. Jody made motion, seconded by Brian, to grant the Special Permit with the following conditions; 3 Condition#1) A 6 foot tall fence is to be erected for a distance of 240 feet along the property of 556 Winthrop Street (Albergaria) prior to the issuance of Certificate of Occupancy. Thereafter, the Petitioner must also construct a 4 foot tall fence to enclose the property along the south and west sides within 6 months after issuance of the Certificate of Occupancy. If the fencing is not completed then the Special Permit shall be subject to review. Condition #2) The dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Hearing closed at 7:13 PM Public Hearing - 35 Woodlawn St. – Special Permit/Site Plan Review - Special Permit from Section 440 Attachment # 2 of the Zoning Ordinance to allow a photography studio and single family use in an Urban Residential District Hearing opens at 7:13 PM Roll Call: Carr, Reardon, Lopes, Fiore, Spencer and Campbell. Clerk Spencer read the legal notice and dept. comments from the DIRB and Water Dept. and letter from Heather Oliveira, 40B Woodlawn St. which was made part of the record. Atty. Matthew Costa and Armando Rodriguez were invited into the enclosure. Atty. Costa says Mr. Rodriguez has had a photography business for about 15 years and just recently built an addition to this house for a private study. He now wishes to have the addition to serve as a family room, gathering space for his photography studio. Atty. Costa states Mr. Rodriguez has a full-time job at Harvard Pilgrim and his photography business is part time. He generally does his business off site, like weddings, senior portraits, Miss Taunton photos. He submitted 3 letters in support form Holy Family Church, Girls Inc. and Miss. Taunton. Mr. Rodriguez stated he typically does the photo shoots off site, doesn’t advertise and he does not list his hours of operation at the door. He was informed by the Building Department that he had a business use out of a residence form from years ago and he’s in violation of that because the general public goes to his house. So he’s here tonight to get approval to be able to have the general public come to his house. He has lived there for 30 years and keeps a clean yard and has had many gatherings at his house and invites some of the neighbors. He stated he was unaware of the complaint and they could have reached out to him. He stated his plans show 3 parking spaces and that is enough for his low impact photography business. Jody is well acquainted with his work through friend and knows his wife is the principal at Martin Middle School. Public Input: Lynda Frenette, 65 Grace Meadows Drive, has been to his home for gatherings. She is confident he will do what he need to do. He has a good reputation and she has never had a problem with parking. Opposed: Kim Dorsey, 44 Woodlawn St. stated she has lived here since 1966 and she was the one who filed the complaint. She agrees he does keeps a lovely home but she has issues with the amount of parking on the street for this business. She submits picture showing cars parked along road. She stated she counted 47 cars throughout the day. She heard the customers were told to NOT park in the yard. She actually put up sign because she was almost hit. Mr. Simmons put a cone out to alert people and some hit the cone and dragged it down the road. Ms. Dorsey stated he signed the form to run a business from his house and has violated the conditions. She stated he a very good photographer but the neighbors is impacted by his business. She stated he recently put an irrigation system and landscaping and now is he going to be forced to remove it to pave and strip parking spaces. The only reason he is here tonight is because she filed a complaint. He went through the expense to build an addition and her fear is he might retire and then his business will be bigger. Brian made motion to close public input, seconded by John. All in favor. Atty. Costa stated the reason they are here tonight is to conform to the City ordinance. His client stopped when he was notified by the Building Dept. and filed for Special Permit had plans drawn up. 4 He denies the allegations from Ms. Dorsey and he wants to be a good neighbor. They will probably need a separate water meter for business and residential. He states his business is not what Ms. Dorsey describes. It’s a part time business. His client went to the Building Department several times to see what was required. Mr. Rodriguez stated he wants to use the new addition as a Multi-room He stated he re-did his kitchen and they entertain a lot and have never received any complaints from neighbors. He stated if he did he would have taken care of the issue. He has never talked to Ms. Dorsey. He stated he can’t do large group photo sessions due to the size. He recently did one and used Holy Family Church. He stated his intent is to not impact the neighborhood. John states now he’s aware of the problem. Brian stated as a whole the neighbor thinks the applicant is a “crappy neighbor’ and it’s not unusual to have 5-10 cars parked there. Atty. Costa stated they can limit the number of vehicle or customers. Atty. Costa didn’t think it was fair of Ms. Dorsey to base her opinion of his client on one occasion. It was asked if they need to be ADA compliant and Atty. Costa stated he didn’t think so because the initial conversion did not require accommodations. Chairman Campbell stated they need to provide reasonable accommodations. Brian made motion to approve the Special Permit with the following conditions: Condition #1) That the plans dated June 7, 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) Two sets of updated plans shall be provided that conforms to this decision prior to commencement of the use on site. Condition #6) Any non-residential water use requires plumbing separation and or backflow prevention to be provided between the residential and non-residential use. Condition #7) A radio water meter reader, by the Water Division, will be required if not existing on site. Condition #8) No dumpster. Condition #9) Parking spaces shall be striped. Condition 10) Show the utilities on the plan. Condition #11) Add the required ADA parking and van accessible space. Condition #12) The lots shall be combined via a recorded plan and updated deed prior to legal commencement of the use on site. Condition #13) Provide a conforming landscape plan with a 50% waiver of width. Condition #14) Hours of Operation – By appointment only with no appointment after 9 PM Condition #15) Customers must park on site in the parking spaces provided in the driveway as shown on the plans. Hearing closed at 8:01 PM Public Hearing – 120 Viking Street – Special Permit from Section 440 -710 of the Zoning Ordinance for the Renewal of an Accessory Dwelling Unit Roll call: Carr, Reardon, Lopes, Fiore, Spencer and Campbell. Hearing opens at 8:01 PM Danielle Demers, Susan Villemaire and Joe Mansfield were invited into the enclosure. Clerk Spencer red dept. comments from the Veolia Water, Eng., Conservation Commission, B.O.H were placed on file. Danielle stated that they are here for the Renewal of an Accessory Dwelling Unit. Her mom lives downstairs and she lives on top floor. Public Input open: no one appearing in favor or in opposition. Brian made motion to grant the Renewal of an Accessory dwelling Unit, seconded by Jody to include department comments. All in favor. Condition #1) The dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 5 Hearing closed at 8:07 PM Public Meeting – Site Plan Review – 441 Winthrop St. - for a clean wood recycling facility with associated site access, storage areas and on-site stormwater management system, submitted by Gilbert Lopes, Jr. Manger. Manny reads dept. comments from the DIRB, Veolia Water, Eng. and Water Dept. which were placed on file. Atty. John Zajac , Joe Tutsch, VP Lopes Companies, and Tracy Duarte, P.E. MBL Land Development were invited into the enclosure. Joe stated they have a facility at 569 Winthrop Street for about 15-20 years and it was converted to a C&D to indoor recycling. They relocated it to lot 77 in the Industrial Park to be served by the railroad and it was moved to Freetown and now they wish to bring it back to Taunton. The product is sent to Maine and they bring the raw bark back and we mulch it. There will be roughly 2-3 trucks loads per day. The trucks will end up on Rte.44 but they are there anyway because of 569 Winthrop St. The grinder makes about 45,000 – 50,000 yards a day. Joe stated they will grind the material about 50 -60 days a year, this is not a fully staffed business. Probably around 40 – 50% of the year it would be open. Arthur asked if they conducted any noise decimal tests and Joe answers no. It was noted there is one house, Lafamilia Restaurant and Bay State in close proximity. He states there is 50 acres to the northeast and west. Atty. Zajac stated they are proposing landscaping. Joe said at the other side there was 500 feet to the closest neighbor and never had a complaint. John stated he did review the video that was sent and visited the Freetown site but unfortunately wasn’t working that day. John stated the 2 trailers in back would be for logs. Yes Joe stated they would come in from their own cars. John is concerned with the restaurant across the street and the newly constructed condos with the noise. It was asked if he could disconnect the back up beeper on trucks and Joe answers no because he doesn’t want drivers to rely on back up cameras, it’s too dangerous. Joe stated the piles are about 20 – 45 feet tall. He said most mulch is dyed but not the hemlock mulch. Arthur asked about the dyes and how it’s done. Joe says it’s a powder mixed n during the grinding process. Brian stated he walked the site and there is a tree line along Rocky Woods Street (paper street end) Joe stated there only will be 2-3 trucks per day bringing in materials. There will be no retail and no homeowners invited to the site. It was asked hours of operation: Joe stated probably between about 50 days a year Monday – Friday – 7 -3 pm – Saturday 7 – noon. Tracy stated the rear portion of the lot is located in the Natural Heritage because of the box turtle so they are required to file a NOI with Conservation Commission. Tracy says she updated plans showing pile location and the paved area which is about 250 feet from the ROW. John asked if this site is going to be strictly mulch and if any trucks from other business would be using this site? He asked about the condition from DIRB about no dumpster? Joe stated the logs are kept in the dumpsters so he would need to have some dumpsters. Chairman Campbell asked how the control combustion of the wood? Joe stated they do on occasion have small fires but they just water down it never get so out of control. They have a hydrant out front and it’s usually a small fire. Chairman Campbell asked about the 50% landscaping buffer requirements? He asked why aren’t they asking for side waiver? They are putting fencing up on side and a row of arborvitaes with fencing with privacy slats. It was asked how they control dust ? When they grind there is little dust and don’t grind when there is high winds. Joe states the dying does not create dust. Joe stated they guys will grind in any standard operating conditions. They will not be storing any empty cans/dumpsters on site. Brian asked if the noise would affect any businesses? Joe stated they tested it on Rte. 44 and there were no complaints. Joe stated if they impact anyone they will work with them. The motors are loud but it’s not a consistent noise. It was suggested if they could re-locate the piles to reduce the noise impact and Joe agreed. Jody said the nearest house is to the east. The hours of operation are Monday – Friday 7-3 and Sat-7 – noon. It was asked if they would conduct test for noise decimels and Joe agreed. Joe stated they work with any neighbor. No one appearing in favor or in opposition. 6 Jody made motion to approve the Site Plan Review including the following conditions: Condition #1) That the plans dated June 27, 2019 and revised on July 18, 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) Two sets of updated plans shall be provided that conforms to this decision prior to construction. Condition #6) Proper backflow prevention shall be provided on the domestic water services to the site. Condition #7) A radio read water meter, by the Water Division, will be required on the domestic water line if not existing on site. Condition #8) No dumpster for trash is allowed on site, as presented. Condition #9) A business required a minimum of 3 parking spaces,including one ADA compliance van accessible space (with sign) each of which shall be striped and located near the building. Condition #10) No construction debris shall be brought on site. Condition #11) The site as proposed does not meet minimum landscape buffer requirements as set forth in Section 440-702 as a Class 5 buffer even with a 50% waiver and the front buffer is not shown at all. Condition #12) Free-standing sign location shall be shown on the plan. Condition #13) The multiple lots shall be combined into one lot via a recorded plan and updated deed prior to any construction. Condition #14) The existing structure will be utilized as a breakroom and restrooms. Condition #15) Pile locations and extents shall be shown on the plans. Condition #16) Sewer tie in is required for the existing building and septic system shall be abandoned in accordance with Title V and Board of Health Requirements. Condition #17) Drainage plan shall be approved by the City Engineer prior to construction. Filters shall be used on the grates to prevent particles getting into the drain system. Condition #18) Compliance with the Order of Conditions from the Conservation Commission and National Heritage requirements. Condition #19) Hours of Operation Monday – Friday 7 AM – 3 PM, Saturday, 7 AM – Noon Condition #20) No storage of dumpsters on that are not in use with the wood recycling business. Condition #21) Retail is Not allowed at this site. Condition #22) The grinder shall be located behind/between the piles to minimize noise travel, especially toward the front of the site (Rte. 44) Condition #23) Provide a conforming landscape plan with a 50% waiver of width along the side and a waiver is granted for the front landscaping buffer requirement. Condition #24) Conduct a noise decibel test and provide results to the Planning Board. Public Meeting – Site Plan Review - Oak Street - lot C – for the construction of a 48’ x 30’ garage/storage contractor bay and a 30’ x 30’ outdoor storage area, with 8 parking spaces, submitted by Woodbine Properties Dev. LLC. Clerk Spencer reads dept. comments from the DIRB, City Engineer, Veolia Water, and Water Dept. which were placed on file. Chris Moniz, Stevie Carvalho, Farland Corp. were invited into the enclosure . Chris says they recently divided this lot by a Form A and now need to come before you for a Site Plan Review for approval. They received ZBA approval for the use. They have a landscape/irrigation business in mind to occupy the 3 bay garage. The building will consist of 3 bays, small office and bathroom. John asked if this was part of the Woodbine property and Chris answers no but it’s close. This site has been cleaned up and it’s all fenced it. It’s the former Zencar site. Brian stated in ZBA Case 33503 they will be required put fencing up and put an oil/water separator in. There is an ALU in place and it will be recorded prior to commencing. It was 7 asked If they were going to place detectors in basement like they did with Woodbine. Chris said they will be putting slab on grade, 4 feet down because they have to comply with the restrictions. He stated a radar system can be installed. They will use a 12 inch silk sock which will prevent any runoff. Chris said the occupant is a small irrigation business that wants to go in. There will be no retail and will have trucks and a few workers. It was asked if there is any ADA parking and it was said they would be putting one. The plans show a 50% reduction of landscaping because the property has woods on 3 sides. They will putting fencing up. Public input, No one appearing in favor or in opposition. Motion made and second to grant the Site Plan Review with the following conditions: Condition #1) That the plans dated July 5, 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) Two sets of updated plans shall be provided that conforms to this decision rio prior to a building permit. Condition #6) The sewer service must comply with City Sewer standards which included proper slope design, a gas/oil separator and outside cleanouts which must be shown on the plans. Condition #7) A radio read water meter, by the Water Division, will be required on any domestic water services and proper backflow prevention devices is required on any water services. Condition #8) Dumpster shall be shown on the plans, located on a concrete pad, enclosed with a 6 foot stockade fence, be kept at all times and emptied regularly. Condition #9) Parking spaces shall be striped. Condition #10) Oil/Water Separator shall be shown on the plans. Condition #11) The drainage report and documentation shall be provided and approved by the City Engineer prior to any building permits. Condition #12) The project sequence needs to be identified with proper temporary erosion controls to the satisfaction of the City Engineer prior to building permits. Condition #13) Deed and plan reference shall be updated to reflect the most recent land division. Condition #14) Minimum 10 foot separation is required on water and sewer service. Condition #15) Show all doors on plans. Condition #16) Remove +- from acreage. Condition #17) Need a conforming Class 5 landscape plan with a 50% width along the north side and east side where the pavement is to be removed. Condition #18) A copy of the Activity and Use Limitation shall be provide for the file prior to building permits. Condition #19) Compliance with ZBA Case # 3505 is required. Condition #20) Install a subservice venting detection/venting system in the building, as provided by this owner in the adjacent Woodbine Street homes recently constructed. Condition #21) Add the required van accessible ADA parking space. 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. Clerk Spencer read dept. comments from the DIRB, Water, and Engineer was read into the record and placed on file. Atty. Michael Strojny and Brad Fitzgerald, P.E. SFG Associates, and Timothy Strojny, 83 Partridge Circle were invited into the enclosure. Brad stated they originally started 51 spaces and it was quite clear that wasn’t going to work. Now after meeting with the Conservation Commission and Engineer and they are now proposing 30 vehicles. The Three Mile River is in back and the existing chain link fence is in the back. They have 18 parking spaces along the existing fence. There will be no vehicles, repairs or cleaning of vehicles. They are working with the impervious area and will be very little trees and per Conservation Commission they need to stay away from them. Arthur pointed out there are now 30 display spaces and 6 customer and employees parking spaces. Jon asked if this is Tim’s first 8 business endeaver? Atty. Strojny said that his son tried college and it just wasn’t for him and he’s good at selling cars so he’s going to take on his first project. Brian asked if the spaces will be stripped to be organized and clearly defined for customers to park. Hours of operation would be Daily 9 – 9. It was asked if they would connect to Municipal Sewer and they answered yes. Arthur asked if they would be putting sign up and it was answered yes they will comply with the ordinance. There will be no repairs or washing vehicle inside. Atty. Strojny answers no there will be no bay inside. Brad stated it’s a good size building but if they wanted to wash vehicles they would need to install floor drains and oil/gas separator. Public Input: No one appearing in favor or in opposition. Motion made and seconded to grant the SPR with the following conditions: Condition #1) That the plans dated May 13, 2019 and revised through July 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 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) Two sets of updated plans shall be provided that conforms to this decision prior to construction. Condition #6) The septic system shall be abandoned and the site tied into City Sewer system. Condition #7) A radio read water meter, by the Water Division, will be required if not existing on site. Condition #8) Dumpsters shall be shown on the plan, located on a concrete pad, enclosed with a 6 foot stockade fence, be kept at all times, and emptied regularly. Condition #9) Parking spaces shall be striped. Condition #10) No repairs shall be conducted on site at any time. Condition #11) No vehicle washing is permitted. Condition #12) A building permit is required for a change of use. Condition #13) There shall be a maximum of 30 vehicles displayed or stored on site at any one time on the exterior of the building. Condition #14) There shall be no vehicles parts stored on site at any time. Condition #15) Vehicles being stored or displayed on site shall be stored and displayed within the defined display spaces shown on the plan only at all times. Condition #16) Compliance with Conservation Commission Order of Conditions #2803. Condition #17) Hours of Operations: Daily 8 AM – 9PM. Condition #18) A Waiver of the landscaped buffer requirement on the west and north relying on the Conservation Commission’s Order of Conditions and a 50 % reduction along the east side and south side along the road has been granted. Special Permit – 15-17 Winthrop St. – 13 unit rooming house in a Central Business District –Ned to forward a recommendation to the Municipal Council Clerk Spencer read Dept. comments from Fire Dept., Engineer, Water, Conservation Commission, Veolia Water and B.O.H. which were placed on file. Robert Bastis, owner was invited into the enclosure. He stated purchased this property in May 2019 and has been neglected by owner for a while and he intends on cleaning it up. He has already removed 270 yards of trash. There are some structural issues and one portion of the building may not survive. Currently there is counseling agency in there and they are good tenants. They have a long term least and they will be helping homeless veterans people with mental health disabilities. He stated the property has on parking but there is parking garage and public transportation. The building takes up the entire site. The building looks terrible and they have spent $30,000 on Engineering fees. Jody says it’s a good project and Manny agreed. John said most of the clients don’t drive. It was stated Isabella’s Bridal shop closes and there is a parking lot across the street. Brian stated he’s glad someone is stepping up and fixing it up. Robert said it’s more of a rooming house because they rent by the week. The will have the counseling in during the week and they help clients be more independent. It was asked who vets the clients? Robert answered it will be part of 9 CCBC which is subsidized by HUD. Seven Hills is next door. Manny agreed most clients wont’ be driving. He thinks it’s a good location and there is public transportation (bus) This will be a low impact business relative to vehicles on site. Robert said CCBD is his tenant and will be his tenants for 15-20 years. He states this is not a sober house. Motion made and seconded to forward a POSITIVE recommendation to the Municipal Council for the 13 unit rooming house. The Board finds this to be the most viable, least impactive re-use of the property that was once a neglected eyesore in the downtown area. The Board supports the proposal based on the presentation that it would be a supervised facility. Special Permit – 772-784 County St. – Marijuana Retailer – for a 4,030 sq. ft. building & a 5,030 sq. ft. retail building to be constructed in a Highway Business District.- Need to forward a recommendation to the Municipal Council Clerk Spencer read dept. comments from the Fire Dept., City Planner, Eng. B.O.H, Water Dept., Conservation Commission and Veolia Water into the record. Letter from Taunton Gardens Apartments & Deer Park Village apartments. Jody suggested following the City Planner’s recommendation and continue to put all the marijuana retail proposals on same meeting. He pointed out this property is in close proximity to multiple residential complexes. Jody made motion to continue to next month, seconded by Brian. All in favor. Brian thought it was a good idea to review them all at once to make the best recommendation to the council. Public Meeting- Site Plan Review – 310 Winthrop St. – for a marijuana retailer, submitted by Philip Nessralla, Jr. – REQUESTING A CONTINUANCE Letter requesting a continuance to next month. Motion made and seconded to grant continuance to September 5th meeting. Katherine Drive –E-5 – Release of last lot – holding $50,000 A.J.Sousa was invited into the enclosure. Clerk Spencer read letter from GPI outside consultant. A.J. informed them he will be removing the drainage pipe that he installed a while back to alleviate the water runoff. He stated it’s not working and there is no need for it. So he is building according to the original plan. Manny made motion to release last lot upon receipt of $50,000, seconded by John. All in favor. Run Brook Circle – request for release of 11 lots. Holding 0 surety & 25 lots Chris Moniz was invited into the enclosure. He stated he originally submitted lot release for 10 lots and now he amended his request for only 4 lots. They are expecting the binder course to be in by Aug. 7th . He asked the Board to consider voting to release for “foundation permit only” Chairman Campbell pointed out that once we release of the lot we cannot restrict it to foundation only. Chris says the Planning Board office will make sure it’s “foundation only” He stated he didn’t want to have to wait and come back next meeting to ask for lot released. He is asking for lots 2,3,4,5 foundation only permits once they post $16,029 per lot. Chairman Campbell stated the Board could vote to release lots contingent up binder course is down so they won’t have to come back to our next meeting. Chris stated they developed Woodbine and Pinehurst and they came out great. Arthur made motion to release 4 lots upon confirmation from Eng. that binder course is down and upon $31,020 per lot ($124,080 for 4 lots) seconded by John. All in favor. Ashleigh Estates Phase I & II – Steve Drive – Set completion date – Chairman Campbell stated the owner has indicated in the past that he cannot afford to finish project. Chairman Campbell wanted to give a completion date before actually calling the surety. Steve Perry was invited into the enclosure. He stated he has exhausted all resources and unfortunately cannot complete. It was noted there are a lot of zoning violations in Steve Drive with walls being constructed within the sidewalk. Phase I is Ashley Drive to Bryan Drive and Phase II is Bryan Drive to Manken Drive. Steve says he’s been trying to sell the subdivision but has been unsuccessful. 10 Motion made and seconded to set a completion date of September 1, 2019 for Ashley Estates Phase I & Phase II. All in favor. The Board voted to adopt the 2019 – 2020 meeting schedule which shows a meeting every month. Meeting adjourned at 10:51 PM 11