Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: November 7, 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. Jody made motion to accept minutes of October 3, 2019 seconded by Arthur. All in favor. Public Hearing - Proposed Zoning Map Amendment - to change the following properties from Urban Residential District to Suburban Residential District: 20 Bassett Street – Property I.D. Map 24 – Lot 64 & Bassett Street – Map 30 – Lot 71 Hearing opens at 5:37 PM, Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Clerk Spencer read public hearing notice and letters from Conservation Agent, TMLP, Engineer, B.O.H, Water Dept., and City Planner which were placed on file. Atty. Thomas Gay, Jr. , Bob Rego, Realtor and Mr. Falcanero were invited into the enclosure. The site is a 51 acre parcel which currently is zoned Urban Residential District and they are petitioning to change it to Suburban Residential District. This parcel is surrounding by Suburban Residential District and they would be combing this lot to that existing district. This is part of a future project that will ultimately be a mobile home park 55 age restricted (conceptional plans is 102 mobile home units) The future development will be like ranch style mobile home units. There is a large part of this property that is dry land. Brian asked if this Board will look at the conceptional plans and it was noted they would need a SPR. Brian brought up the City Planner’s letter suggesting including adjacent land and they answered all of this proposal is owned by the petitioner. They don’t own the other and the City Planner is referring to. Chairman Campbell asked if the 102 unit plans would require any variances? Atty. Gay stated by changing it to Suburban Residential the use will be less dense. Atty. Gay stated they has community outreach meeting and 50 people showed up and they saw plans. Atty. Gay stated there is a need for adult housing. Brian stated it was in the master plans that there is 15 – 17% elderly housing. It was stated the size would be 1,800 sq. ft. They will build in phases. The entrance would be off Bassett Street and not Paula Drive. Manny asked if duplexes are allowed and it was answers yes in the URD. Atty. Gay stated they could have 46 duplex style homes resulting in 92 units. The zoning allows for 12 units per acre or they could do a 40B project with more units (480 – 500 units) Manny stated the zoning is established and they want us to change the zoning for them. Atty. Gay stated all of the land is vacant with the exception of the single family house and by re-zoning it they are protecting the neighborhood. Mr. Falconera stated there is a need for elderly housing. Tony stated it would have one entrance off Bassett Street and one exit off Bay Street. It was noted there is a forced main at Partridge Circle and Fremont Street. They conducted flow testing on Fremont Street per the Sewer dept. Jody asked if they would be leasing the land and selling buildings and it was answered yes and it will be all privately maintained. Manny 1 asked what assurance do we have that they will build the style homes they are presenting to us. What happens if it’s not built? Mr. Falconera stated they would be shooting themselves in the foot. Public Input: Deborah Carr, 175 Partridge Circle stated she has spoken to petitioner and she offered to speak in favor. She spoke to a majority of abutters and they are in favor. This is the only Urban Residential Zoned property in the entire neighborhood. She stated there is a need for 55+ housing and this is the best we can hope for. Francis Kotak, 67 Partridge Circle stated he’s in favor as long as it’s a long term investment and he does what he says he’s going to. He’s happy to hear there will be no type of road from Partridge Circle. Ray Bolduc, 8 Quail Drive stated they want to change the zoning from URD to SRD so they can put a mobile home park in and it was answered yes. He stated there is existing infrastructure in Partridge Circle and they have their own pumping station. It was noted the City determines how they will tie into the sewer. No one appearing in opposition. Public Input closed. Jody made motion to forward a positive recommendation to the Municipal Council for the zoning change from Urban Residential District to Suburban Residential District including dept. comments. seconded by Brian. All in favor. Brian made motion to refer to the City Planner to pursue the remainder of the Urban Residential District to be re-zoned to the Suburban Residential District. All in favor. Public Hearing – 726 Dighton Ave. – Form J – Waiver of frontage requirements - to divide one lot into two lots, submitted by David & Lynda Sisson. Hearing opens at 6:17 PM. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Clerk Spencer read legal notice and dept. comments from the Conservation Agent, Engineer, Water Dept, B.O.H and City Planner which were placed on file. Brad Fitzgerald, P.E., SFG Associates was invited into the enclosure. He stated they are here tonight for a Waiver of frontage for a property that was approved by the ZBA. They have agrees to all the conditions by the abutter Wm. Rounds of which the ZBA placed as conditions. John asked if the existing house would be connecting to Municipal Sewer and he answered yes. Manny asked if each house will have separate connection and it was answered yes. Public Input, No one appearing in favor or opposed. Public input closed. Brian asked if they new lot would have 63.03 feet of Frontage and existing house lot will have 52’ of frontage. He stated this is the type of plan he’s against. Bad stated the existing lot has 22,000 square feet and new lot will have 30,000 square feet. It was asked what were the concerns of abutter and it was answered it was overgrown vegetation, drainage issue and those will be addressed before a building permit can be issued. Manny said the new lot will have the majority of the land. Motion made and seconded to grant the Form J plan with dept. comments. 6 members in favor, 1 member opposed. 1. One domestic service will be required per lot, if approved and developed. 2. DPW Permit Rules will apply including: Trench, City Licensed Contractor, and Road Opening 3. DPW Water Specifications will apply as well, including valve, pipe and fitting materials and installation. 4. Both lots will be serviced by municipal water & sewer. The dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Hearing closed at 6:32 PM Public Hearing – Definitive Subdivision – entitled “Crystal Estates” – to be located at 130 Lothrop Street on the westerly side of Lothrop Street on 18 acres of land – to create 9 residential lots. Submitted by A.L.E. Realty Trust 2 Hearing opens at 6:32 PM – roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Clerk Spencer reads the public hearing notice and dept. comments from the City Planner, TMLP, Engineer, Conservation Agent, B.O.H, and Water Dept. which were placed on file. Letter from Ruth Geoffroy on behalf on Daniel & Jennifer Geoffroy, 150 Lothrop Street. John DeSousa and Tony Bairos were invited into the enclosure. They are proposing a 9 lot subdivision off Lothrop Street with some wetlands in the rear of the property to the west. The roadway is approximately 700 feet in length and the grading mimicks the ground slope with some dips and valleys. The catch basins will be on the backside of the cul-de-sac. They were unaware where the neighhor’s septic system was located. So they will eliminate 2 catch basins which will have no impact on the neighbor’s leach field. The As-Built showed it being 20 feet from infiltration system. They will cut grading off because it flows from their property to this property. There are no plans for berms and they could plant some shrubbery along the property line. They could widen top side of berm to make room for a vehicle to travel around. John D. said based on her letter we got As-Built and eliminated 2 catch basins. Tony asked if eventually if the City is going to accept this roadway? John D. stated there are a number of issued raised in the City Engineer’s & City Planner’s letter. Brian asked if they addressed all the City Engineer, City Planner and abutters concerns in his letter and John answered yes. Chairman Campbell asked if they did any perks and it was answers no but it’s all gravel. Chairman Campbell was concerned the whole property has not been surveyed. John D. said all other lines has been surveyed and Chairman Campbell asked if they closed and John D. answers yes. Chairman Campbell asked about the catch basin at end of culd-de-sac, grading, sidewalks, radii at curb? He asked if they intend on clear cutting entire property and John D. answers they will preserve as possible. Chairman Campbell asked about the lot spot on Lot 1? John D. said they could redo profile so the water is not going to the Geoffroy property. John D. said the water from this property will flow onto their property. It was suggested show grading on property. Public Input: Ruth Geoffroy, on behalf of abutters of 150 Lothrop Street. She said they have addressed most of their concerns and they will place 4 foot arborvitaes then they will be in favor. No one appearing in opposition. John stated he would like to see completed plans showing that they addressed all the dept. comments. Several other board members agreed they would like to see final set of plans. Tony made motion to continue this to next month to provide updated plans .seconded by Brian. All in favor. Public Hearing – 17 Oxford St. - Special Permit from Section 440 Attachment #1 of the Zoning Ordinance – for a residential Use in a Highway Business District – submitted by Aspen Group LLC. Hearing opens at 7:14 PM – Roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell Clerk Spencer read dept. comments from Conservation Agent, Water Dept., B.O.H, Veolia Water, Engineer and City Planner into the record. Chris Moniz, Aspen Properties was invited into the enclosure. He stated they acquired the property many years ago and had it converted to office space and now that they have outgrown the space they want to put it back to residential use. Chris says it has gone through all the inspections and they wish to put it back to a single family use in a highway Business District. No one appearing in favor or opposition. Motion made and seconded to grant the Special Permit for a single family use in Highway Business District with the following conditions: Condition#1) A radio read meter, by DPW, will be required on the domestic service. Condition #2) Any work on the existing domestic service will require DPW permits including: Trench, City Licensed Contractor, Road Opening, and DPW Water approval. Condition #3) The dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 3 Condition #4) The dwelling shall be a single family use as presented. All in favor, hearing closed at 7:20 PM Public Hearing – 106 Crane Ave. South - Special Permit from Section 440 -710 of the Zoning Ordinance for an Accessory Dwelling Unit in a Rural Residential District. Hearing opens at 7:21 PM – roll call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Clerk Spencer read dept. comments from the Conservation Agent, Engineer, Water, Veolia Water, City Planner and the B.O.H. which were made part of the record. Brad Fitzgerald, P.E. was invited into the enclosure. They are proposing a one bedroom accessory dwelling unit consisting of living room, bedroom, kitchen and bathroom. Brad stated they will address the Board of Health’s comments. John asks about the egress and Brad stated it’s on the plans. No one in favor or in opposition. Motion made and seconded to Grant the Special Permit for an accessory dwelling unit with the following conditions: Condition#1) A radio read meter, by DPW, will be required on the domestic service. Condition #2) Any work on the existing domestic service will require DPW permits including: Trench, City Licensed Contractor, Road Opening, and DPW Water approval. Condition #3) The dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Condition #4) Anything in excess of a 4 bedroom home will cause the current septic system to fall out of compliance and risk failure of the system. The current septic system must be upgraded if an additional bedroom is to be added. The dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Condition #5) If the accessory dwelling unit is ever sold off as a separate unit, it will require a separate domestic service and DPW Water Account. All in favor. Hearing closed at 7:28 PM Tony made motion to revert out of the regular order of business, seconded by Arthur. All in favor. Public Hearing - 66 Main Street - A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for the renovation and alteration/modification of 66 Main Street to a mixed use building in a Central Business District consisting of 8 residential units on the 2nd & 3rd Floors and continued commercial use (9,100 sq. ft.) on the 1st floor, submitted by Combined Realty LLC. Hearing opens at 7:29 PM. Fiore Excused. Roll call: Carr, Reardon, Abreau, Lopes, Spencer and Campbell. Clerk Spencer read dept. comments from Conservation Agent, TMLP, Veolia Sewer, Water, B.O.H and opposition letter from First Taunton Group, Kathleen Doyle, and Mattt Dunion, 13 Cedar St. and letter from Colleen Simmons, Exec. Dir. BID. Atty. Thomas Gay, JR. and Carlos Melo were invited into the enclosure. They are here tonight for a Special Permit for a mixed use for the existing 3 story building located downtown. They currently have a tenant on the first floor and they are proposing residential units on the 2nd & 3rd floors. They are proposing 3 two-bedroom, 2 one-bedroom units on second floor and 3 one- bedroom units on the third floor. The 2nd & 3rd floors have been vacant for the past 10 years because there is a lack of demand for office use specifically on the 2nd & 3rd floors. This is the site that was denied by the ZBA several years ago. The property is on the corner of Main Street and Trescott Street and they think this development will bring tenants downtown. Atty. Gay pointed out there are 17 mixed used buildings downtown, with retail, office and restaurant use. He pointed out directly abutting the Board just approved 8 units with no parking on Cedar Street. That proposal had no opposition and was approved unanimously. He pointed out it would be unfair to approve one site and not ours which is right next door. Atty. Gay stated they cannot create any land for parking that is why they are asking for a waiver of the parking but there is 4 public parking available. Atty. Gay stated what they are proposing is clearly within the intent of the zoning relative to mixed use development. The applicant is willing to take a risk and invest $600,000 to renovate and create beautiful apartments which will create tax revenue. Atty. Gay stated they have contact the Police Department to inquire about any report relative to the tenant on first floor (Methadone Clinic) and there were none. They have been a good tenant and they have trainer personnel. Mr. Melo pointed out there are 20 treatment centers within the Central Business District and some are close to residences. Manny stated the parking lot on Cedar Street is full and he thinks parking is an issue. It was noted that some of the tenants that will reside in these units will walk to work. The Methadone Clinic has been there for 10 years and they have security and have safety barrier in place. Brian stated the ZBA denied due to lack of parking and discussion from various Boards that there is lack of development because o of the tenant (methadone clinic) and creates a stigma. Mr. Melo stated the rents will range from $1,300 - $1,800 per month. Mr. Melo stated the clinic is busy early in the morning from 6 – 8 AM and then they do counseling. Atty. Gay stated the use is permitted downtown and there are no police report on file for the Methadone Clinic. He stated another developer is investing right next door so the clinic hasn’t’ impacted that developer to invest. Atty. Gay stated you cannot discriminate against this project because there is a Methadone Clinic on the first floor. John stated he went there for some trouble and doesn’t know they Police Department didn’t have any record of it. Chairman Campbell asked if the apartments will be property manager and Mr. Melo answers he can manage this property because he’s right at 43 Taunton Green. Public input: Opposed Mike Welch, 20 Cedar St. stated he sees drug deals because he lives in the neighborhood. Jose Bejarano, owns 40 Main St. Tex Towne for 20 years and owns several other buildings downtown. He has had difficulty keeping tenants due to the Methadone Clinic. He states it’s nothing personal but he has had trouble with residence of the clinic. He states he has a nephew is an addict and he understands what they go through. James VanHorn, property manager, stated the parking lot is full between 6-11Am and he states they need security outside not just inside. Tony made motion to close public input, seconded by Arthur. All in favor. It was stated that most of the opposition is about the outside activities. Mr. Melo stated no one has ever confronted him about any issues. Atty. Gay stated 7 years ago the clinic opened and the applicant invested in building and they have been a good tenant. He pointed out the opposition is not about apartments on the 2nd & 3rd floors it’s about the clinic which is not the reason they are here tonight. Atty. Gay stated you cannot discriminate again the clinic. Brian stated the fact that the clinic is there may put residents at risk. He stated it’s not about the parking in his opinion. He thinks it will create problems to people who rent. It was asked if they got approved for apartment could they put boarding house. Atty. Gay stated they submitted plans showing layout of apartments and they intend on building that, they don’t’ intend on it being a boarding house. Motion made and seconded to approve the Special Permit with the following conditions: Condition#1) Proper Cross Connection will be required for all domestic and fire services. Condition #2) Each unit will require individual shut off valves accessible to DPW Water from outside the building. Condition #3) Each unit will also require an individual radio read meter, by DPW Water, and a separate account if they are to be stand alone units. Condition #4) If fire suppression upgrades are required, a current fire flow test must be performed on the closest hydrant to confirm existing conditions. Condition #5) DPW Permit Rules will apply including: Trench, City Licensed Contractor, and Road Opening if work outside the building is required. Condition #6) DPW Water Specifications will apply, including valve, pipe, and fitting materials and installation. Condition #7) A CCTV inspection of the existing sewer lateral to the City Main Sewer will be required. 5 Condition #8) All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Condition #9) A waiver of the on-site parking under Section 440-704 of the Zoning Ordinance is granted by the Planning Board. Condition #10) Approval is based on the submitted architect plans from Clearwater Architects dated 4/4/2013 showing 2nd floor, 3 Two-bedroom units and 2 one bedroom units. Condition #11) The applicant explore the possibility of providing a separate entrance to the residential units from the existing commercial use on the first floor. 5 members in favor, 1 member opposed, 1 member excused. Hearing closes at 8:49 PM Public Hearing – 138 N. Walker Street - Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a mixed use development in a Highway Business District consisting 23 residential units with 5 office/retail units totaling 3,900 sq. ft. on premises at 138 North Walker Street, (Property I.D. 89-28) Taunton, Ma. Hearing opens at 8:54 PM. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Clerk Spencer read public hearing notice and letters from TMLP, Eng. Veolia Water, Water Dept., B.O.H and City Planner which were placed on file. Chris Coute and Jeff Tallman, P.E. Sitec Engineers were invited into the enclosure. They are proposing 23 residential units with 5 commercial units on the first floor. Originally they wanted all residential but per the Zoning Ordinance you cannot have all residential you have to have some commercial. Chris says there is a lack of housing. They are proposing owner occupied town houses. They have done several similar projects in the City, namely Hart Street and Bay Street which have been successful and all sold. The units will desirable at $325,000. They had a neighborhood outreach meeting and mailed letters to abutters and knocked on doors. Chris stated the proposed project will have a small impact on the intersection and will not had a lot of traffic. There is a new light at the intersection and he thinks this project will be a positive impact. There was discussion about the sewer and the goal is to open road and pay the one- time fee of $250,000. They will provide 3 recreation areas and snow storage, dumpster, and they meet parking requirements. John asked no one thought to put sewer in before they paved the road? He stated they split the lot a while back and they should have planned for it. He asked about the commercial space and Chris stated it is only 560 sq. ft. so it will be small based low use. He said it’s pretty common to have commercial use downstairs and residential upstairs. Jeff stated they have provided extra parking. The units will be 3 bedrooms, 2 ½ bathrooms townhouse style and the existing 5 family on abutting lot will remain. Chris said the commercial space is tiny and will most likely be office use. He stated the abutter across the street had some concerns and they reach out to them. There were some questions regarding the detention pond and Jeff says it hasn’t been designed yet. John asked if there was a fire lane and Jeff said it will be addressed at the Site Plan Review process. John feels it is too much on the property. They will have a double barrel entrance so the headlights will not interfere with neighbors. Brian said he’s happy they reached out to neighbors and were transparent. He asked about the lighting on building and Chris said it would be directing down. They would need to ask Council for waiver to open roadway and then patch from curb to curb. Public Input: Rhoda Katz, 137 N. Walker Street has lived here for 60 years, 3 generations and she has some concerns about the environment, safety and taking the house down. She states it’s not easy to get out of her property. She’s not happy about all the trees they cleared. She stated she is speaking for other people who are afraid to come to the meeting. In favor: Bill Fitzgerald, former economic development and former DPW commissioner. He stated this is exactly what the City had in mind of what they wanted to see in the Highway Business District. He thinks this is a great development. Dick Shafer, Shafer Development Services, in favor of proposal. He stated the City made it Highway Business District along Winthrop Street all the way to Dighton. But lack of sewer impacted the development. He’s 6 very happy with the proposal and knows the developer did a nice project in Whittenton. Peter Cullen, owner of property, is in favor of project He thinks it will be minimal impact. Public Input closed. Motion made and seconded to grant the Special Permit with the following conditions: Condition#1) The property falls within the Natural Heritage Endangered Species Program’s (NHESP) Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife, 200-foot Riverfront Area of the Three Mile River, 100-foot Buffer Zone of a Bordering Vegetated Wetland, and Zone AE Flood Zone The applicant will be required to file a Notice of Intent with the Taunton Conservation Commission and file plans with NHESP. Condition #2) The driveway will need a Street Opening/Curb Cut Permit. Condition #3) The project will require a sewer extension plan to connect to the exiting sewer near Winthrop Street. The location of the existing sewer stub is under the recently paved section of North Walker Street that is part of construction of the Irving Gas Station. The pavement may be subject to a 5 year moratorium. Condition #4) The parking should be based on 23 units. Condition #5) The detention basin looks small compared to the amount of impervious area. Additional comments will be reserved until submission of engineered site plans. Condition #6) Proposed grades are not shown so it’s not known if the compensatory storage values are adequate. Condition #7) There is an existing 12 inch PVC 5 ft. stud for future build out in the direction of this proposed project. A sanitary sewer extension of about 440+- ft. would be required. A proposed sanitary sewer layout is requested for future comment. Condition #8) A fire flow test on the nearest hydrant will be required to determine the design of the City Water Extension needed to serve the proposed development. Condition #9) The City Water extension will have to be an 8” water main or larger. Condition #10) DPW Permit Rules will apply including: Trench, City Licensed Contractor, and Road Opening. Condition #11) The intersection of North Walker Street and Winthrop Street has just been upgraded and falls under the City Council 5 Year Moratorium for Road Openings. Condition #12) DPW Water Specifications will also apply including, valve, pipe, hydrant, and fitting materials and installation. Condition #13) If Municipal Water and Sewer is not available, the lot would need to be able to construct an on-site septic system, with appropriate setback requirements and buffers in accordance with Title 5 regulations, and private well. The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Condition #14) A Site Plan Review with the Planning Board is required. Hearing closed at 9:57 PM Public Meeting – Site Plan Review – 3 Cape Rd & prop. I.D. 56-107 – to allow an 1,107 sq. ft. display area for tree & flower sales in conjunction with the exiting 6688 sq. ft. retail sales and 7 vehicle display area for auto sales. Submitted by Nick Wolffe and owned by Kevin Diong. Nick Wolffe was invited into the enclosure. He states he has been selling trees for 6 years. Brian asked if he paid taxes and Nicks says he paid the City Clerk’s Office. Nick states he only sells trees for one month. No one appearing in opposition or in favor. Motion made and seconded to grant the Site Plan Review with the following conditions: Condition #1) That the plans dated October 9, 2019 shall govern with the following additional conditions: 7 Condition #2) Show the dumpster on the plan and 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) The parking in front of the building shall be shown on the plan. Condition #6) Two sets of updated plans shall be submitted that conforms to all of the requirements of this decision before any building permits are issued. Condition #7) Plant and trees sales and storage shall be confined to the area shown on the plan only at all times. Condition #8) The vehicle display area for the auto sales shall be clearly labeled on the plan. Condition #9) Any food trucks or other types of uses added to the site shall require a Site Plan Review and are not covered by this approval. Special permit – 30 Sherwood Drive – Marijuana Cultivation Facility in an Industrial District, submitted by Tower Three, LLC, owned by Scott Davis. Need to forward a recommendation to Municipal Council. Tony Abreau excused. Clerk Spencer read letters from the Conservation Commission, TMLP, Engineer, B.O.H, Water Dept. And Veolia Water which were placed on file. Atty. Matthew Costa, representatives from Tower Three were invited into the enclosure. Atty. Costa stated there is currently a single story industrial building on the 2 acre site. The proposal is to use 32,000 sq. ft. of that property for a cultivation facility with no Retail. There will be employees and deliveries only. There will be approx. 3 trips a day per week. Hours of operation will be M-S – 7 AM – 8 PM, Sunday, 8 AM – 5 PM. There will be about 12 employees but 8 employees on site at any given time. There is 12 parking spaces. There will be 2 garage door where the shipments will be received and sent out. All business occurs in the Building. There will be a small traffic impact and they will be donating 3% of their proceeds to the City. They donate to local charitable agencies and has part of their licensing is a diverse workforce and they hire local residents. They will have air circulated inside to avoid any odors. They will have security (cameras, montiors) which is approved by the Police dept. They have talked to neighbors and have the support from the neighborhood. They submitted 3 letters of support. Jody stated he’s an employees of ProHome Inc. and is pleased to see this business going in. The neighborhood has Young Electric, old ice company and he thinks this will fit in with the neighborhood. Arthur asked if the trucks are logos to and it was answered no they use plain white vans for transporting project. The state requires every delivery be monitored and you cannot just show up and expect to get into the facility. They stated they are required by the state to control odor. Brian asked about the other petitioner who tried to go into this site and they said they are not part to the group. They have a natural gas generator in case of an emergency. There was some discussion about odor and they have precautions to eliminate odors up to 99%. They also stated the nuisance laws to no disappear, they are required to comply with odor omission and noise restrictions. They will be using City water. Jody asked if there was training involved and they answered yes. You have to be over 21 years of age and the entry level pay rate is $15 - $16 hour t trim. The head cultivator makes a 6 figure salary. It was asked if they are drug tested and they answers it’s a drug free workplace and they do background checks and there are is 2 cameras and GPS in the vehicles. Kayla Correira stated we are not doing what the other petitioner wanted to do. They are not a big corporation they are self -financed. They are not processing and there will be no edibles. The Planning Board voted (5 members in favor, 1 member excused, and 1 member opposed) to forward a POSITIVE recommendation on the proposed Marijuana Cultivation Facility in the Industrial District and asks the Municipal Council to consider placing some restrictions relative to 8 noise and odor and forward the department comments from the Conservation Commission, TMLP, City Engineer, Board of Health, Water Supervisor, Veolia Water, letters from 11 abutters in favor. Run Brook Circle – Lot Releases Chris Moniz was invited into the enclosure. Report from outside consultant Greenman-Pedersen into the record. Chris put some numbers together he was asking the Board to consider a bond instead of cash surety. The roadway is 63% complete and GPI estimate is $481,000 and the City Engineers completion costs is $610,000 and Chris’ estimate is $335,000. Chris suggests posting a bond for $350,000 which is 85% of GPI completion cost. It would be a 2 years bond and cash to renew bond. Chairman Campbell stated we hold surety for the entire cost not 85%. Manny prefers cash surety. Chairman Campbell state he feels safer protecting the City with cash surety. There was some discussion as to whether or not to adjust the surety required for lot releases. Arthur made motion to release lots 6, 7, 8, 21, 22, 23, 24 upon receipt of $24,420 per lot. Chris indicted they would be requesting release of the lots individually. Chris did ask the Board to inquire about accepting bonds instead of cash surety because they would like to do that in the future because the planning Board rules allows it. Motion made and seconded to request legal opinion from Law Dept. if accepting bonds instead of cash surety still protects the City and what circumstances should the Board accept bonds. All in favor. Winthrop Heights – need vote to include any interest on monies to be used to complete subdivision The Board needs to vote to have any interest including in the monies be used for completion. Jody made motion to include any interest accrued with the surety to be used for completion of subdivision, seconded by Manny. All in favor. Ashleigh Estates I & II – completion of subdivision – Vote to call surety including any interest – to complete subdivision. The developer has not completed the work by the deadline and the Board needs to officially call the surety and any interest. Jody made motion to call the surety including interest for Ashleigh Estates Phase I & II to have the City complete the work. Seconded by Arthur. All in favor. Meeting adjourned at 11:20 PM 9