Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: October 3, 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 5:30 PM. Arthur made motion to accept minutes of September 6, 2019 seconded by Manny. All in favor. Public Hearing - 21 Sherwood Ave. - A Special Permit from Section 440 -710 of the Zoning Ordinance for an Accessory Dwelling Unit in a Rural Residential District. Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 5:31 P.M. Clerk Spencer read the public hearing notice and comments from the Water Dept., Engineer, City Planner, B.O.H., Veolia Water, Conservation Commission and Fire Department. Arthur made motion to invite the petitioner into the enclosure. Seconded by Jody. Rob Costa, RMC Construction and Michael Ferreira. They are proposing to construct an addition to the main house as an accessory dwelling unit. Their son will reside in the main house and they will live in the accessory dwelling unit. Public input: In favor. John Correira, 23 Sherwood Ave., has no issues with proposal. No one in opposition. Public input closed. Tony made motion to approve the Accessory Dwelling Unit to include the dept. comments. Second by Arthur All in favor. Condition #1) A radio meter, if not existing, shall be installed by the DPW for the home. Condition#2) Any service renewal (if needed) must follow DPW Rules and Regulations including Road Opening, Trench Permit and City Licensed Contractor Use. Condition #3) The dwelling will be serviced by on-site septic system and private well. The dwelling will be required to upgrade their existing septic system. The applicant has submitted the proposed systems upgrades. The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Hearing closes at 5:38 PM Public Hearing – 41 Theresa St. – A special permit for the Renewal of an Accessory Dwelling Unit – submitted by Diane Martin. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 5:38 PM Clerk Spencer read dept. comments from the B.O.H., Conservation Agent, Fire Dept. and Water Dept which were placed on file. 1 Tony made motion to invite the petitioner into the records, seconded by Fiore. All in favor. Diane Martin, Deb Gobielle (sister of petitioner) were invited into the enclosure They are here tonight for the renewal of the Accessory dwelling Unit. Nothing has changed. Public Input: No one appearing in favor or opposed. Public input closed. Jody made motion, seconded by Tony to approve the Special Permit with the dept. comments. All in favor. Condition#1) A radio read meter, it not existing, shall be installed by the DPW for the home. Condition #2) Any service renewal (if needed) must follow DPW Rules and Regulations including Road Opening, Trench Permit and City Licensed Contractor Use. Hearing closes at 5:41 PM Public Hearing - Form J Plan 91 Crane Ave,. So. – Waiver of Frontage Requirements -for the division of one lot into 3 lots, submitted by Aspen Properties Holdings, LLC Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 5:41 P.M. Clerk Spencer read public notice and comments from the City Planner, B.O.H, Water, and Conservation Agent which were made part of the record. Chris Moniz was invited into the enclosure and passed out updated plans. They are proposing 3 lots on 7 acres of land. He submitted new plans showing the 30 foot no touch zone and lots 2 & 3 with an emergency turnaround which will have cross easements per the ZBA approval. Manny asked if there would be 2 separate driveways and he answers yes about 178 feet in length and asked if paved and they answered yes. Brian stated the new plans show a turnaround and will have cross easements. The water department wants a 2 inch service going into the homes. Chris stated he had abutters in favor at ZBA meting but did have one abutter opposed. Mr. Pastor was opposed but the Board did put a no touch zone for his privacy. Tony stated they would need to get a waiver from City Council because the roadway has been paved within last 5 years. Chairman Campbell stated he looks at the adequacy for frontage for driveways and he would like to see driveways on plans. It was asked if there are any encroachments from the driveway from 91 Crane Ave So. He suggests re-configuring driveway for 9a Crane Ave. So . The lots will have septic systems. Discussion took place relative to the 30 foot wide entrance for two driveways. Chris said 91 Crane Ave. So. has their own driveway and lots 2 & 3 would have a 14 foot wide driveway with a turnaround and common paving at the access point. A mutual maintenance agreement with be written in the deeds Brian asked if a shared driveway would be ok. Chairman Campbell answered in this case it would be easier because of the narrowness of the access. Manny stated that most neighbors get along but not always the case. Tony recalls a project on Field Street that has a common driveway and there are no issues. Chairman Campbell stated the Board usually requires each lot to have their own driveway but in this case it would be easier to have a common driveway and have driveway maintenance agreement and recorded with deed. Public Input. No one in favor or opposed. Public input closed. Tony made motion, seconded by Jody. to approve the Form J plan with the following conditions: 1. Driveway Maintenance Agreement and Snow Removal Plan must be recorded at Registry of Deeds prior to the issuance of building permits. 2. To avoid four closely-spaced driveways at that one location there shall 18 foot wide shared driveway for lot 2 & 3 and the existing driveway on lot 1 (91 Crane Avenue South) shall be reconfigured to provide a bigger space between it and the new shared driveway to lots 2 &3. Hearing closed at 6:08 PM 2 Public Meeting- Site Plan Review – 295 Constitution Drive - A modification of a Site Plan Review for the reduction of the square footage of the building to 42,500 sq. ft., an increase in the loading dock spaces to 10 and the addition of 18 truck spaces as well as an increase in impervious area from 60% to 68%, submitted by Robert Turner, TB Partners LLC. Ken Motta, Field Eng. Co. was invited into the enclosure. Clerk Spencer read dept. comments from the DIRB, Eng. TMLP, and Fire Dept. into the record. This is the former Hood building and it’s been vacant for 5-6 years. Owner Bob Turner has tenant for a specific us and they are here to modify the previously approved site plan. They are reducing the building from 56,375 to 542,500 sq. ft. and the original building has a mezzazine floor and they are eliminating it. They have increased the docks to 10 and adding more parking spaces for truck storage and box storage. The original approval has 60% impervious area and now it’s 68%. Tony asked if there were any changes to the drainage and he answered no. There is a collection system and a catch basin on the southwest side and a grading area that will go into the catch basin. Chairman Campbell stated the addition is smaller that what was approved in 2017 but bigger than the original. Public Input: No one in favor or in opposition. Public Input closed. Tony made motion to grant the Site Plan Review including all dept. comments, seconded by Manny, All in favor. Condition #1) That the plans dated February 28, 2017 and revised through September 3, 2019 shall govern with the following additional conditions: Condition #2) The dumpster shall be located on a concrete pad, be enclosed with a stockade fence, be kept closed at all times and be emptied regularly. Condition #3 Lighting shall not illuminate any portion of abutting properties Condition #4) The site shall be kept clean and clear of debris Condition #5) Two set of as-builts shall be submitted upon completion of all work on site and shall Design Engineer and Land Surveyor certification stating that the development has been built according to the approved plans. Plans shall show all construction of buildings, utilities, grades setbacks, etc. Condition #6) Two sets of updated plans shall be submitted that conforms to all the requirements of this decision before any building permits are issued. Condition #7) A hazardous materials permits is required from the Board of Health. Condition #8) A sign stating truck entrance 300 feet ahead shall be added at the southerly entrance Condition #9) A curb cut permit is required from the DPW. Condition #10) The domestic water service shall be protected where the proposed sewer service crosses. Condition #11) The domestic and fire services will require proper backflow prevention devices installed prior to reconnection if not already and all work must be inspected by DPW and performed by a City licensed contractor. All work must conform with DPW rules including trench, road opening and specifications. Condition #12) A radio read meter, by DPW, must be installed on the domestic service prior to renewal. 224 Plain St. - Notice from Atty. Robert of property for Sale – City’s first right of refusal. Letter from Atty. Robert Cooperstein informing the City of land for sale at 224 Plain St. that is currently in Chapter 612A status and the city’s first right of refusal. Discussion took place on whether or not the City 3 has monies to purchase the property. The Board wanted to ensure if possible any taxes paid once it’s out of 61A status goes towards improving the drainage in that area. Brian made motion to send letter to the Municipal Council stating if the City does not have the ability to purchase the property consideration be given to applying the retroactive taxes collected to improving roadway drainage in the area to be developed. Depending on how the lot is divided, the Planning Board itself may not have jurisdiction to require that the future developer provide for drainage. Seconded by Tony. All in favor. Wilmarth Street – Roadway Improvement Plan – request to return monies. Correspondence from the City Solicitor instructing the Board to release the mylar deposit to AC Realty Trust. The Secretary stated there were some monies in the escrow account that was set up for inspections. Tony made motion to release the mylar deposit only on the recommendation of the City Solicitor’s letter, to AC Realty Trust, seconded by Arthur. All in favor. Winthrop Heights – update on completion We are holding $27,000 and we have a prioritized punch list of items that need to be completed. The board will recall the surety was called for this subdivision last year due the developer’s inability and unwillingness to finish the project. John made motion to refer to the DPW to use the $27,000 to get as much of the listed work done as possible. At the satisfactory completion of the work covered by those funds the Board plans to find the subdivision “complete” and to recommend to the Municipal Council that the streets be accepted as public ways. Seconded by Arthur. All in favor. John had a question about the retail marijuana establishments being proposed in the city and the abutters within 300 feet are only notified. He asked about the 500 feet requirement? It was explained to him that marijuana establishments cannot be located within 500 feet of each other. All public hearings with the P.B. require 300 foot radius for abutter notification. The Board wanted to put Ashleigh Estates on the November 7th agenda because the completion deadline of September 1st has passed and now they can officially call the surety. Brian asked if anyone can change or amend any conditions the Board places on the site plan reviews like landscaping requirements. Chairman Campbell explained the process to him what the DIRB can do. Meeting adjourned at 6:42 PM 4