Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: September 5, 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, Lopes, Spencer and Campbell present. Meeting opens at 5:36 PM. Tony made motion to accept minutes of July 25, 2019 seconded by Arthur. All in favor. Chairman Campbell stated it’s a heavy agenda and he informed everyone they have several special permit recommendations to forward to the Municipal Council for their public hearing and that is where there will be public input. Jody suggests not taking any votes on any tonight because there are more expected to be filed. Brian stated he heard there are at least 2 more proposals. Chairman Campbell stated we will discuss it when we get to that part of the agenda. Public Hearing - Definitive Cluster Inclusionary Subdivision “entitled Massasoit Estates” to be located at 945 Middleboro Avenue (property I.D. 111-112) to create 16 residential lots in the Rural Residential District, submitted by Figueiredo Builders Group Inc. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 5:40 PM Steve Figueiredo, President Figueiredo Builders Group Inc., and Jeff Tallman, Sitec Engineering. Jeff stated they were there for a preliminary and then came back for an inclusionary to determine the multiplier and the Board voted for 16 lots. Jeff stated the layout and drainage is challenging because it’s dead flat and they are going to get the water off Middleboro Avenue and have it to flow to the rear. They will need to raise the road a few feet and they will have closed piping system for drainage . The existing drainage is above grade and the septic systems will be in front. They will have walk out basements. They will have infiltration system and the water runoff will runoff the cul-de-sac and extend to the wetlands. Jeff said there is no drainage in the front (about 150 feet along the roadway) and it would accumulate on lots 1-16 but the addressed that with new catch basins and drop inlet and storm sector on the west side of the road. They will need an easement for back of lot 16. Jeff said the addressed the Engineer’s concerns with cover pipes. Jeff said the design of the manhole is designed for a 100 year flood which will hold 6” of water in a 1 hour. John asked why the Engineer would want a 15” pipe and your proposing a 12” pipe.? Jeff explains the pipe he’s proposing is 12” and will have more volume but it works. The City Engineer has some concerns with this. John asked about the grass strip adjacent to the curbing. The grass strip should be on the outside of the curbing per the planning board rules. John asked about the waiver request for the impact statements? Jeff answers they are staying away from the wetlands and the natural habitat areas so there is no need to an environmental impact study. John stated he would rather see 2 affordable houses built instead of 1 the monies contributed to the affordable trust fund. Steve said all the homes will be sold at market rate and he is proposing to contribute monies to the affordable trust fund. John stated he would be voting again that. Brian asked if the 15” pipe was more money? Jeff stated they would have to do more grading. Jeff said the 13” pipe is adequate it’s just the City Engineer doesn’t like the fullness of the pipe. Jeff said it would be 90% full . Brian asked about lot 13 with it being the smallest having 107’ of frontage and 51.5’ in back. The house would be closer to the road. He asked about tree clearing and they said it would be minimal. There will be no trees removed in the buffer. Tony asked about lot 16 and the drainage. Jeff stated he addressed the concerns the Engineer and has new plans as a result of the City Engineer’s comments. Tony said the easement for lot 16 would have to be recorded at the Registry of Deeds. Jeff said there would be a homeowner’s association. Chairman Campbell pointed out the dip in grading and do they plan on having an easement for that? Brian asked who approves the homeowner’s association and it was stated it’s submitted its reviewed by the law dept. Chairman Campbell asked if they conducted perks on all lots and it was answered no only 8 lots. He asked if they were satisfactory perks per the Board of Health? It was noted they did 4 on the ANR lot which were approved by B.O.H and 4 on lot 14. They are confident they will all perk. Chairman Campbell proposes a condition that all perks be done prior to approval. Minimum setbacks and minimum lot size shall be determined. He asked about any hydrants and it was answered there is one in front of the Form A lot. He asked about the number of perks and they answered they were less than 2 minutes and its very sandy materials. The water table is 21/2 – 3 feet down. Public Input: Gail Amaral, 962 Middleboro Avenue – she’s not opposed just worried about the water. She said Steve came to see her and and indicated he wants to try and address her water issues. Jeff said they are going to make sure there is no water on Middleboro Avenue as to carry it away from the road. She said Steve has been cleaning up property and cutting trees down. Nancy DeSilva, 961 Middleboro Avenue stated she has her pump running all the time. She has lived there for 52 years. Steve said he is waiting for his approval and they he can set up meeting to help her and see about Ms. Amaral’ s problems too. Jim Watkins, 975 Middleboro Avenue stated Gail Amaral is behind him. In 2007 on the west side of the property there were ducks in the pond . He said Steve is a great builder and has been working with the neighbors but he knows Mr. Ferreira’s house is higher and he still gets water. Steve said he’s not sure if he can actually help Mr. Watkins because he’s so far down the road but he’s is trying to help the direct abutters. (Gail & Nancy) Maria Dimakis, 915 Middleboro Avenue stated he has cleared the trees. Jeff said the Form A lot directly abutting her property is not part of this proposal. She asked about if the open spaces will remain and she would think they would do perk tests on all the lots. She stated it puddles in front of her property. She think is 12 houses lots would be better than 16 houses? She thinks 16 lots is too many. She asked if any traffic study was conducted? It was stated they are requesting waiver of the impacts statements. Jeff asked her if she has any study or backup on why she thinks 12 house would be better than 16 and she answered no. Andy Amaro, 877 Middleboro Avenue asked what the space was behind all the lots. It was explained to him there is a 50 foot wide open space which will remain open. The homeowner’s association will have control of the open space and the trees won’t be cut. He wasn’t too sure how they got to 16 lots? He thinks that’s a little too much. Steve said he stated out with 8 lots, and went for a inclusionary cluster and had 18 but the board approved 16 lots. Jeff Connors, 944 Middleboro Avenue stated he’s not opposed just wanted to bring to the Board’s attention the catch basin in front of his property and he has water in his front yard but not in his basement. He thinks it will be great for the neighborhood but thinks 16 lots is a little too much. Tony made motion to close public input, seconded by John. All in favor. John asked what are the waivers? It was stated they are asking for waivers from the impact review, traffic, community, environmental and fiscal impact. Arthur made motion approve with the following waivers and conditions: 2 WAIVERS: 1. Waiver of the requirement to submit environmental and economic impact statements 2. To allow for one 6 foot sidewalk with sloped granite edging instead of sidewalks on both sides. 3. To allow the roadway to have a 26 foot pavement width instead of the 30 foot width. 4. Waiver of the 100 foot landscaping buffer all around, modified to that shown on the plans. 5. To allow 25’ radius layout lines at Middleboro Avenue instead of 30’ radii. CONDITIONS: 1. The subdivision will follow the outside consultant guidelines for inspections which shall also include the water extensions and all other work offsite to be completed in conjunction with this project. The initial escrow deposit for paying for inspections shall be set at $10,000 and shall be replenished back to a $5,000 balance anytime it dips below $1,500. 2. All lots will be serviced by Municipal Water and onsite sewerage disposal systems. The lots would need to be able to accommodate on-site septic systems with appropriate setback requirements and buffers in accordance with Title 5 regulations. Percolation tests must be conducted and meet Title V requirements on all lots prior to release of covenants on any lot. 3. The Homeowner’s Association shall maintain the drainage system, street trees and open space. The Homeowner’s Association documents shall be reviewed and approved by the City and subsequently recorded prior to the release of any lots. 4. Setbacks for the subdivision are 25 feet front, 15 feet side, 20 feet rear and minimum frontage of 80 feet with a minimum lot size of 17,100 sq. ft. 5. The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 6. The open space shall be placed under a Conservation Restriction in perpetuity prior to the release of the 7th lot. This restriction shall be approved by the City. 7. The “inclusionary housing” requirements stipulate that for this project the value of the price of 2 units is to be paid to the City’s Affordable Housing Trust. The amount shall be $140,000 per unit, for a total of $280,000, one sixteenth (1/16th) of which shall be paid upon the release of covenants on each unit. 8. There are wetlands located in the southeasterly portion of the property and work currently does not fall within the 100 foot buffer zone (BVW). If the project work changes and falls within the buffer zone, the application will be required to filed with the Conservation Commission. 9. No trees in the buffer area are to be cut. 10. The route for drainage flow off of Middleboro Avenue into the site, and including overflow provisions shall be established, maintained and protected within easements. The drainage design must meet the approval of the City Engineer. 11. Street trees must be shown on the plans and shall be maintained by the Homeowners Association. Hearing closes at 7:02 PM Public Hearing -150 Broadway - Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for single family use in a Highway Business District, submitted by John Doherty, owned by Sanford & Jeannette Brown. Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 7:03 PM. Clerk Spencer read the public hearing notice and dept. comments from the City Engineer, City Planner, Conservation Commission and TMLP. 3 Jody made motion to place dept. comments on file. Seconded by Arthur. All in favor. Jake Doherty, 2318 Bay St. and office at 115 Broadway was invited into the enclosure. Mr. Doherty stated this building was constructed in 1999 and is only 720 square feet and was used for an Insurance adjusters office. Unfortunately in 2010 they went out of business and the building was being leased for a residential use. In 2014 the property was foreclosed on and there was a peaceful entry and the former owner has taken over the property and there was some title issues. In May 2019 he received calls about having a single family use in a Highway Business District. He stated essentially it looks like a small ranch style house and is surrounded by houses. There was a very old dilapidated ramp and he was doing some repairs and was informed he need approval for a residential use in a Highway Business District. Tony asked if the entire site was blacktopped and it was answered yes. Tony said they should put some grass area. Public Input: no one appearing in favor or opposed. Public input closed. Manny made motion to grant the Special Permit with the following conditions: Condition #1) 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 #2) Singe family dwelling only. Condition #3) Replace pavement with landscaping with the exception of a paved area to accommodate a 2 car driveway with a turn-around. Public Meeting - Site Plan Review - 291 Winthrop Street - to demo the existing bank building and construct a new 7,445 sq. ft. Retail Building (O’Reilly’s Auto Part Store) submitted by William J. Adams of 291 Winthrop Street LLC. Clerk Spencer read comments from the DIRB, Water, Engineer, Veolia Water, and TMLP. Jody made motion to make part of the record, second by Arthur. All in favor. Bob Crowell, Engineer and Bill Adams were invited into the enclosure. This is the former Webster bank site and they are planning on putting a new building on the site for an O’Reilly’s Auto Parts Store. They will be saving some trees on site and they have met with Mass. DPW. They currently have no landscaping buffer and now will have 7 ½ ft. side 12.5 feet front 15 feet on other side. They will have deliveries through Par Place and have a dumpster pad off Par Place and an ATM on the property. They are proposing a catch basin in back to maintain all runoff on site. There is water in front and it exits to the street. They have conducted 3 test holes and they will tie into Par Place for sewer and water so they don’t have to open Winthrop Street. They will most likely put arborvitaes in between the existing trees. Manny how can they assure people will enter from Par Place? They can put some kind of signage off Par Place per approval by Mass DOT. Brian asked about the Engineer’s letter in regards to rumble strip and they said they could paint a yellow line. They are working with Mass. DOT. John asked why they would need a food permit and they answered it may be for the vending machine. Chairman Campbell suggests putting DO No Block intersection if approved by DOT. He stated you should have curb ramps at all driveways. They said he design of the building will be like the one on Rte. 138 in Raynham which is block style will all glass in front. Public Input: James Parker, 293 Winthrop St. stated he’s right next door and was concerned with the water runoff. It was explained to him they are keeping more water on their site than now. The water will go into the catch basin. He asked about the piece of property (200 x 200) of cars running onto his property. They have a vegetated buffer which is between 15 and 17 feet wide. John made motion to close public input, seconded by Arthur. All in favor. Jody made motion to approve the Site Plan Review including department comments: Condition #1) That the plans dated August 12, 2019 shall govern with the following additional conditions: Condition #2) Lighting shall not illuminate any portion of abutting properties 4 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) Proper backflow protection will be required on all water lines. If a fire suppression line is required, a fire flow test will also be required. 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 conforms to this decision shall be provided prior to building permit. Condition #8) The dumpsters shall be 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) No repairs on site. Condition #11) Pavement arrows shall be striped in the field and maintained. Condition #12) A copy of the Mass. Highway Permit shall be provided prior to building permits. Condition #13) The demo project shall comply with Veolia Sewer cut and cap procedures. Condition #14) An outside cleanout for the sewer lateral shall be shown. Condition #15) The new sewer layout shall meet City Standards and specifications. Condition #16) The walkway shall be a five feet minimum exclusive of curbing. Condition #17) A curb cut permit is required for the driveway access on Par Place. Condition #18) Ensure that loop detection is functioning on the exit at the light. Condition #19) Trench and road opening permits shall be required for the sewer and water connections. Condition #20) Plan shall be stamped by a professional land surveyor. Condition #21) A hazardous materials permit is required from the Board of Health. Condition #22) A food service permit is required from the Board of Health. Condition #23) No outside storage or display of materials. Condition #24) Add “Do Not Block Intersection” and “Enter through Par Place” signs as approved by DOT. Condition #25) Add Handicapped accessible ramps City Planner Kevin Scanlon present at 7:50 PM Public Meeting – Site Plan Review - 2318 Bay Street- for a 12,000 sq. ft. Commercial Building, 4,630 sq. ft. Convenience store with deli & coffee shop with drive-thru, 1,152 sq. ft. car wash and automobile filling station, submitted by Gulf Resources, Inc.. City Planner Kevin Scanlon reads the DIRB report which was on file. Atty. William Rounds, 115 Broadway and Jamie Bissonette, P.E., Richard Curran, and Jeff Bandini, Traffic Engineer. Atty. Rounds stated they received Special Permit approval in May for the gasoline station use and now they are here tonight for Site Plan Review approval. The parcel is 6.8 acres and is located in the Business District. They will raze house and construct a convenience store with drive-thru and car wash. Some of the uses are allowed by right but the gasoline needed Special permit approval. They have filed a Notice of Intent with the Conservation Commission and they have moved the car wash to the side of the building. Brian asked how are they assured if anything leaks into the water and it was stated they can get commercial insurance. They have no problem if the Board placed a condition requiring insurance. Discussion took place relative the northbound land approaching and having a left lane turn only? It was stated the State DPW would have to approve that. The second building on the plans has no specific use so they will be basing it on the highest use which is retail. John asked about it being a Zone II public water supply wells and how it’s going to affect the area. Jamie explained the stormwater management plan and it having deep catch basin and hood with forebay to the infiltration basin. They are going to have 2 diesel pumps. It was noted the diesel pumps are further way from the residences. Jody asked if they considered flipping the buildings and they said there are restrictions for frontage from the Mass. DOT. Tony stated all spills are protected. Jamie says they wlll 5 be having a buffer along the residences with trees, shrubs and white vinyl fencing. Chairman Campbell asked if they considered a bike rake and Jamie said they do have small one shown on plans. Chairman Campbell asked if they have any walkway and Jamie answered no. It was noted the grading behind the parking goes down quickly. Brian asked about the car wash and if they recycle the water? It was answered yes. Chairman Campbell asked Jamie about the light and Jamie said they met with Mass DOT and they are going to modify the signal timings. Jeff said it may require some signal adjustments. It was asked if they had a new traffic signal permit with DOT and they answered no. They have maintenance plan for parking lot and they do have a NPDES Permit with the EPA. Tony made motion to open public input, seconded by Jody. All in favor. Opposition Letter from Kerryann Cummings, 32 Samoset , Norton, Ma. Phil Rose, 2330 Bay St. is directly next door and he’s asks why there isn’t any retaining wall proposed. It was explained that the drainage is designed to not go on his property, it will flow in the natural direction. He wanted a guarantee if wouldn’t affect him and the Chairman explained he cannot guarantee anything but it’s designed to not flow onto his property. He also had concerns with lights, noise affecting is property. He wasn’t happy with the design of the whole property wanted re- assurances his property would be affected by it. Mark Lincoln, 2368 Bay St. asked about the elevation and the dimensions of the lot. He stated based on the lot size there would need to be about 30,000 yards of fill will need to be brought in. He asked about construction hours of operation. It was answered trucking for construction would be 7-5 Monday – Friday, Sat -12 – noon and no Sundays. He asked how many trees will be cut and they answered they don’t know the exact number. Opposed: Dianne McEligott, 33 King Phillip Rd. had asked if it would be a cloth carwash and if the doors will be open when in use. She asked about the lighting plan, tree buffer landscaping and if any advertising on the highway is being proposed. Jamie explained how they are exceeding the landscaping requirements. Public input closed. Atty. Round stated they will be replanting some trees and they will certainly reduce the light as to not interfere with neighbors. They want to be a good neighbor. They will make every effort to limit truck traffic by requesting them to come off Rte. 495. Motion made and seconded to grant the Site Plan Review with the following conditions: Condition #1) That the plans dated August 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 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) Proper backflow protection will be required on all water lines. If a fire suppression line is required, a fire flow test will also be required. 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 conforms to this decision shall be provided prior to building permit. Condition #8) The dumpsters shall be located on a concrete pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly. Condition #9) The parcels shall be combined via a recorded plan and new deed prior to any building permit. Condition #10) A hazardous material from the Board of Health is required. Condition #11) Show building setbacks on the plans. Condition #12) Walkways shall be 5 feet wide exclusion of curbing. Condition #13) Curb cut and trench permits are required. Condition #14) The granite edging along the edge of road shall be maintained. Condition #15) Copy of Mass. Highway Permit or determination that no permits are needed shall be provided. Condition #16) Show test pit locations on the plans. Condition #17) A grease trap is required. 6 Condition #18) A food service and tobacco permit is required from the Board of Health. Condition #19) A Notice of Intent from the Conservation Commission or superseding authority is required. Condition #20) Remove plus and minus on lot area. Condition#21) Gas station establishment must has Pollution Liability Insurance. Condition #22) The DPW, City Engineer and Mass. DOT explore the possibility of Left Lane turn only into the location. Condition #23) Developer to retain as many as trees as possible to decrease noise and light. Condition #24) Hours of Operation 5:00 AM - 11:00 PM Daily Condition #25) Constructions Hours of Operation – Monday – Saturday 7:00 AM- 5:00 PM, Sunday 8:00 AM- noon Condition #26) Developer make every effort to inform trucks hauling fill during construction to use Route 495. Tony Abreau excused at 8:44 PM Public Meeting- Site Plan Review – 310 Winthrop St. – for a 2,520 sq. ft. marijuana retailer, submitted by Philip Nessralla, Jr. owned by Madlog Mgt. LLC. Phil Nessrala, Jr. and Scott Faria, P.E. were invited into the enclosure. They are proposing a 2,500 square foot retail marijuana establishment which will have 28 parking spaces. They met with the City Planner and made some revisions to the plans. Phil stated he’s an Attorney in Brockton and also Brockton’s City Solicitor so he’s familiar with the laws on cannabis. He stated you have to make sure everything flows properly and his partner is Anthony Ackil and has a NBA in business. He has been very successful in opening up restaurants all over. He has 80 Be GOOD restaurants all over the country. He stated they had their community outreach meeting and they will continue to work with the neighbors. Chairman Campbell asked about the existing conditions plans and under estimated the vegetation. There is a lot of parking. Kevin stated this is by appointment only for a temporary time to ensure there is adequate parking and to make it much easier. It was stated the most busy time is between 11 – 3 . Chairman Campbell asked about pedestrian access and bike racks? He suggests putting a walk way on the eastside from the sidewalk to the angled parking area and add curb cuts. Brian asked the hours of operation? They were thinking 8 AM – 8 PM and or maybe 6 AM – 7 PM. They will have a police officer every day for the first 6 months. What about snow removal? They will have 5-6 cashier and the appointments will be staggered. There will be between 7-10 employees including security on site. There is no use of the product allowed on site. Atty. Nessralla stated as an attorney he’s is operating under the permit under the State and he’s is subject to full faith and credit clause. Public Input: No one appearing in favor or in opposition. Public input closed. Manny made motion to approve the Site Plan Review for 310 Winthrop to include the following conditions: Condition #1) That the plans dated August 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 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) Proper backflow protection will be required on all water lines. If a fire suppression line is required, a fire flow test will also be required. 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 conforms to this decision shall be provided prior to building permit. Condition #8) The dumpsters shall be located on a concrete pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly. Condition #9) The parcels shall be combined via a recorded plan and new deed prior to any building permit. Condition #10) A hazardous material from the Board of Health is required. Condition #11) Show building setbacks on the plans. 7 Condition #12) Walkways shall be 5 feet wide exclusion of curbing. Condition #13) Curb cut and trench permits are required. Condition #14) The granite edging along the edge of road shall be maintained. Condition #15) Copy of Mass. Highway Permit or determination that no permits are needed shall be provided. Condition #16) Show test pit locations on the plans. Condition #17) A grease trap is required. Condition #18) A food service and tobacco permit is required from the Board of Health. Condition #19) A Notice of Intent from the Conservation Commission or superseding authority is required. Condition #20) Remove plus and minus on lot area. Condition#21) Gas station establishment must has Pollution Liability Insurance. Condition #22) The DPW, City Engineer and Mass. DOT explore the possibility of Left Lane turn only into the location. Condition #23) Developer to retain as many as trees as possible to decrease noise and light. Condition #24) Hours of Operation 5:00 AM - 11:00 PM Daily Condition #25) Constructions Hours of Operation – Monday – Saturday 7:00 AM- 5:00 PM, Sunday 8:00 AM- noon Condition #26) Developer make every effort to inform trucks hauling fill during construction to use Route 495. Fiore opposed. Public Meeting - Site Plan Review - 300 Revolutionary Drive – for a 3,600 sq. ft. Medical Marijuana Dispensary and Marijuana Retailer Establishment, submitted by MassMedicum Corp. owned by Taunton MMC, LLC. Kevin read the DIRB report which was placed on file. Phil Silverman was invited into the enclosure. They are proposing medical & recreation establishment. They had approval several years ago for medical marijuana. Rich Riccio, Field Engineering Co. stated it’s the same proposal as 4 year ago, the foundation has been installed. They have no issues with the DIRB comments. Brian asked if they had approval for medical and he answers yes but not recreation. Arthur made motion to open public input, seconded by Brian. All in favor. No one appearing in favor or opposed. It was suggested to incorporate the City Engineer’s letter into the approval. Manny made motion to grant the Site Plan Review for 300 Revolutionary Drive, seconded by Arthur. All in favor. Condition #1) That the plans dated March 7, 2015 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 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) Proper backflow protection will be required on all water lines. If a fire suppression line is required, a fire flow test will also be required. 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 conforms to this decision shall be provided prior to building permit. Condition #8) The dumpsters shall be located on a concrete pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly. Condition #9) The security gage shall have an access approved by the Fire Department. Access may be by a lock box with keys or by electronic function. Condition #10) A hazardous materials permit from the Board of Health is required. 8 Condition #11) The walkway shall be 5 feet exclusive of the curbing. Condition #12) The dimensions of the access aisle in the rear parking lot shall be shown. Condition #13) Provide groundwater elevations from borings logs. Condition #14) Trench permits and curb cut permits are required. Condition #15) The sewer connection shall be upstream from the manhole using a 8 inch by 6 inch saddle tap into the 8 inch PVC main. Condition #16) The project shall comply with all state and local cannabis licensing requirements. Special Permit - 300 Revolutionary Drive – for a 3,600 sq. ft. Medical Marijuana Dispensary and Marijuana Retailer Establishment, submitted by MassMedicum Corp. owned by Taunton MMC, LLC. Need to forward a recommendation to the Municipal Council. Phil Silverman and Rich Riccio, P.E. Field Engineering was invited into the enclosure. This is a highly secured site with a sally port and will have 24 hrs 7 days a week monitoring. They inventory every seed and weigh all inventory. Manny is familiar with the site from their previous approvals. They are about to hold their community outreach meeting. Mr. Silverman stated they get a “preferred review” from the State because of the medical license they have. The hours of Operation will 9 am – 8 pm daily. They have a cultivation business in Holbrook and Amhurst. There will be no other business on site. They will be doing edibles. Donald Clear, City Councilor asked if they filed with the CCC and they said not yet. He asked what do you mean they got preferred treatment? They stated there is an additional benefit if you have a medical license when apply for a recreation license. They are working with a local doctor. Manny made motion to forward a positive recommendation to the Council, include the SPR decision and hours of operation 9 am – 8 pm. daily, seconded by John All in favor. Special Permit – 310 Winthrop Street – for a 2,520 sq. ft. marijuana retailer – submitted by Philip Nessralla, Jr, owned by Madlog Mgt LLC - Need to forward a recommendation to the Municipal Council. Phil Nessralla, Jr. and Scott Faria, P.E. were invited into the enclosure. They are proposing a recreation marijuana establishment at 310 Winthrop St. Mr. Nessralla stated he will be providing a good project and it’s how you sell it and treat the public and they do it as flawlessly as possible. They are willing to listen to the neighbors. They will be 100% accessible. Brian asked if they applied to the CCC yet and they answered no. They have a supplier who is interested but they have not started operations yet. Their hours of operation would be 8 AM – 8 PM. Brian asked if nay taxes, fees or money were owed to the City and it was answered no. Mr. Nessralla stated they spent a lot of time looking for a site and they think they found the perfect site. It’s located in the Highway Business Districts, away from residence and has good traffic flow. He stated there will be more security than a liquor store. John made motion to forward a positive recommendation to the Council and to include the dept. comments and Site Plan Review decision and the following conditions: 4 members in favor, 1 member opposed and 1 member absent. 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. Kevin reads dept. comments from B.O.H., Fire Dept., Water Dept., Conservation Commission, and Veolia Water which were made part of the record. Atty. Pietnik and Chirag Patel, GTE Taunton and Eric David, P.E. Strong Point Engineers were invited into the enclosure. The applicant has 2 convenience stores in Brockton so he has experience with retail. They are proposing to take over 772 and 784 County Street and have a 4,030 sq. ft. recreational marijuana building and another 5,030 sq. ft. multi-tenant retail building. 9 There is plenty of parking and the pick-up is coordinated and the area will be gated. They conducted a preliminary traffic study and the overall conclusion is there will be no impact to traffic. There will be a by appointment only phase in the beginning. They will finalize plans when they are at the SPR process with lighting, grading, and stormwater management. Brian stated there is a lot of neighborhood concern from the apartment complexes in close proximity. Some concerns are traffic and security. It was stated there is key entry to the establishments and it will be well lit and the proposed hours of operation are 8 am – 9 pm. Mr. Patel stated he could do 10 am – 9 pm and stated the initial outreach community meeting had about 6 or 7 attended and then they had additional meeting last week (notified about 400 abutters). It was noted they would be willing to do police detail all day for the first 4 months, and by appointment only hours. Some board members stated there are too many children in the arear and the mixed of retail & residences and it’s in close proximity to another marijuana facility (30 Mozzone Blvd,) Atty. Pietnik stated there will be no children allowed in and it will be anonymous where it is. He stated due to the zoning restrictions there aren’t a lot of places where they can be located. This is a busy street right off highway and they think it won’t have a negative impact on the neighborhood. Mr. Patel stated you have to be competitive with different products and he feels this location is a good fit. He stated the peak hours are 3 – 7 PM . It was stated you cannot locate in a place that has a loan because it’s not federally approved. Brian asked if they owed any taxes or fees to the City of Taunton and they answered no. Chairman Campbell asked if they applied to the CCC and they answered yes. It was asked how many access points will there be and it was answered it will be a two 2 way driveway 22 feet wide. The applicant has business in Brockton and Franklin. The Taunton Planning voted (6 members in favor, 1 member absent) to forward a NEGATIVE recommendation to the Municipal Council on the proposed 4,030 sq. ft. Marijuana Retailer building due to the four residential complexes in the immediate area, traffic concerns and another marijuana facility in close proximity to this site. The Board requests if the Municipal Council approves the Special Permit to include the following conditions: 1. Hours of operation: 8:00 AM – 8:00 PM – No Sunday 2. By Appointment Only. 3. A police detail shall be provided for safe traffic flow for the first 4 months unless determined to be unnecessary by the Police Chief Special permit – 93 County St – 4,140 sq. ft. Retail Marijuana and a 6,000 sq. ft. retail use - submitted by Flavia Hungaro, Mgr, LMCC, LLC owned by Horton Street LLC. Need to forward a recommendation to the Municipal Council Kevin reads the dept. comments from the B.O.H., Conservation Commission, Fire, Veolia Water, and Water Dept. which were placed on file. Atty. Rounds and Flavia Hungaro, and John DeSousa were invited into the enclosure. Atty. Rounds stated Ms. Hungaro is one of 2 partners who manage other businesses. She has been looking at numerous sites and all of them have residence around them. The property is zoned Highway Business District and is most ideal for this type of business. The building will be set back from the road and right next door is a gasoline station with convenience store. They had a good community meeting and went door to door and had few concerns. The condo development is located in the rear about ¼ mile away with swamp and heavily wooded area separating the properties. They have chosen to eliminate the other retail building on the plans. Kevin asked if it was the 6,000 sq. ft. retail building that was being eliminated and it 10 was answered yes. Brian stated the building is way is the back and is specifically designed for this purpose. John DeSousa they are proposing a 24 wide one way in and 74 parking spaces and they can possibly add another 25 with the elimination of the other building. They will be cutting down asphalt and adding greenery. Chairman Campbell asked if they received approval from the CCC and they answered yes. He asked if they conducted a traffic study and it was answered yes. Brian asked if they owe any taxes or fees to the City and it was answered no. Chairman Campbell if she had any experience with this type of business and Ms. Hungaro answers she has a business degree in hospitality. She has taken advantage of the training they offer. The hours of operation are 10 AM – 9 PM d7 days a week. Jody and Manny agree this is a large site and the building will be located in the rear. Motion made and seconded to forward (6 members in favor, 1 member absent) a POSITVE recommendation to the Municipal Council on the proposed 4,140 sq. ft. Marijuana Retailer building based on the fact the site is 3.4 acres in size and the building is located in the rear of the property. The Board recommends approval with the following conditions: 1. The elimination of the 6,000 square foot retail building as presented by the petitioner. 2. Hours of operation: 8:00 AM – 8:00 PM – Close Sunday 3. A police detail shall be provided for safe traffic flow for the first 4 months unless determined to be unnecessary by the Police Chief. Special Permit - 354 Winthrop St. – 4,140 sq. ft. Retail Marijuana, submitted by Flavia Hungaro, Mgr. LMC,LLCC, owned by Wedor Pereira. Need to forward a recommendation to the Municipal Council. Kevin read dept. comments from the City Engineer, B.O.H., Conservation Commission, Veolia Water and Water Dept. which were made part of the record. Atty. William Rounds and Flavia Hungaro were invited into the enclosure. Atty. Rounds stated the petitioner will be partnering up with Freshly Baked to provide edibles. The property is currently vacant and across the street from Frank’s Good Time Lounge and a cemetery next door. Atty. Rounds stated there won’t be any negative impact on the neighborhood. This is one of the better sites. Jody stated there are a lot of visibility problems due to the hill and it’s difficult to see. He feels this is a dangerous situation. Jeff Bandini, McMahon Traffic Engineers stated they would be happy to address the site distance. This is the re-claimed environmental site and it has an AUL which is closed from the State. They can develop the site but cannot put any residential use. They received a negative determination from the Conservation Commission (negative is good) and don’t have to file a NOI. They will simply put a slab no foundation. John asked how big the site is and they answered about 2 ½ acres with 65 spaces. Brian asked if they owed any taxes or fees to the City and it was answered no. Arthur made motion to forward a negative recommendation to the Municipal Council, seconded by Jody. 3 members in favor, 3 members opposed. Motion does not pass. Manny made motion, seconded by Arthur to (6 members in favor, 1 member excused) not send a recommendation to the Municipal Council on the proposed 4,140 sq. ft. Marijuana Retailer. The Board finds this site has an Activity and Use Limitation which concerns the Board with grading and traffic and the petitioner has another application for another site. Special Permit – 400 Winthrop St. – 2,100 sq. ft. Retail Marijuana Establishment – submitted by BASK, Inc. owned by Peter Cullen – Need to forward a recommendation to the Municipal Council. Kevin read dept. comments from the City Engineer, Conservation Commission, TMLP, Water and Sewer which were placed on file. Atty. Thomas Gay, Jr., Tim Keough, Jeff Bandini and Heather Monticup, P.E. 11 Traffic report – Greenman Pedersen . Atty. Gay stated the site is currently being used as a convenience store. The lot is about 20,000 square feet with 30 parking spaces. There will no change just change in the product sold. The applicant submitted their business plans and they have a medical marijuana site in Fairhaven. They have cultivation in Freetown and they manufacture all their products. They will do some improvements to the exterior of the building and rehab the inside. Atty. Gay stated since the traffic lights went up across the street there are breaks in the traffic. John stated the way the lot is designed it has 2 parking lots with the building in the middle. He asked where is the dedicated fire lane? He asked what happens if someone has a fake I.D? Atty. Gay state if they don’t have the proper I.D. they will be turned away. John asked how they would market or advertise? Mr. Keough said they would not go to the Christmas parade or football games to solicit. Mr. Keough stated they will advertise on billboard and they will follow all audit checks and their vetting is based on over 21 crowd. They will have 11 employees including security and an on-site manager. Manny said he was very impressed with the application but thinks it’s a bad location with the 2 independent parking lots and the traffic congestion. Atty. Gay stated they can address the Board’s concerns. He stated there is multiple curb cuts and they can address the flow of traffic. He stated this site benefits being next to the lights because of the natural breaks in traffic. Tim stated the marijuana market is mature. They have a traffic plan for opening day. Manny suggests they know down the building and make one big parking lot. Brian asked if they owed any taxes or fees to the City and it was answered no. Brian stated there is a problem exiting from the site going west on Rte. 44. Heather explained they conducted a traffic study on April 19, 2019 and there were a total of 21 more trips in the a.m. and 44 in the p.m. and 73 trips midday on Saturday. There will be 23 vehicles during the peak hours. There was one collision data available from 2012 – 2016. Heather said the new signal naturally creates gaps in the traffic which helps their site. There are no hill obstructing site lines. They exceed the parking requirements and they could possible park on the 2 abutting properties because it’s owned by this owner. Brian asked if they applied for to the CCC and it answered yes they received certification on their review. They had their community outreach meeting already. He said they was some opposition and their concerns were traffic and some out right again marijuana John made motion to (6 members in favor, 1 member absent) to forward a NEGATIVE recommendation to the Municipal Council on the proposed 2,100 sq. ft. Marijuana Retailer building based on the fact the site is located in close proximity to residential uses and concerns about site traffic circulation adjacent to the signalized intersection. Special Permit – 9 Cape Rd. – 3,0567 sq. ft. Retail Marijuana Establishment –submitted by Tree Market Taunton LLC, owned by Dennis Borges Kevin read dept. comments from the Veolia Water, TMLP, Conservation Commission and Water which were made part of the record. Atty. Edmund Brennan, Peter d’Agostine and Jeff Tallman , Sitec Eng. were invited into the enclosure. Atty. Brennan states the property is located on the south side of Rte. 44 and there is Globe Liquors, Rite Aid Pharmacy and some other commercial businesses. The property is 19,600 sq. ft. and they are proposing to use the building for a small marijuana retail establishment. The footprint of the building will stay the same and they comply with parking requirements. The south side is bounded by the Taunton River ad they will add some additional parking. They will need to file with Conservation Commission. This site is perfect for the proposed use because there aren’t any residences nearby and it’s in the Highway Business District along a highway. They will have 7 parking spaces in the rear and have 11 spaces for customer parking. Brian asked if they owe any taxes or fees to the City and they answered no. The site is small so it will be a modest business. It was asked if they conducted any analysis for future growth? They stated these types of stores are highly rated. There was some concern about people backing out onto Rte. 44. The hours of operation are 8 – 8 Monday – Saturday and no Sundays. There will be a police officer on site. Kevin pointed out the width in back is only 20 feet wide to access the rear parking 12 area. It was stated they would have a parking attendant. It was asked if they needed Flood insurance and they said it wasn’t an issue. Chairman Campbell asked if they applied for approval with CCC and they did on July 9th but are not operating under that approval yet. They have previously had operated a site in Washington State. Jeff stated there is existing parking area with a guard rail on the north side with gravel. They will small portion of that for employee parking. They will need to file a Notice of Intent with the Conservation Commission. Arthur made motion to forward a positive recommendation to the Municipal Council 3 members in favor, 2 members opposed. Chairman Campbell voted in favor which results in 4 members in favor, 2 members opposed. Motion passed to forward a positive recommendation the Municipal Council. Meeting adjourned at 12:02 AM 13