Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: December 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, Abreau, Lopes, Fiore, Lopes, Spencer and Campbell present. Meeting opens at 5:30 PM. Arthur made motion to accept minutes of November 7, 2019 seconded by Jody. All in favor. 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 Letter from SeaCoast Consulting, LLC requesting a continuance. Arthur made motion to grant continuance to next month’s meeting on Jan. 9th. seconded by Manny. All in favor. Public Hearing – 135 Robert Treat Paine Dr. - A Special Permit from Section 440 Attachment # 2 and a Site Plan Review for the operation of a vehicle conversion business, including the sale of converted handicap vans, school vans, shuttle vans and buses for commercial use and storage of 20 - 80 vehicles with no customer display space, submitted by National Van Builders, Inc., Glen Perlman, Pres. Hearing opens at 5:34 PM. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Clerk Spencer read public hearing notice, dept. comments from Engineer, Veolia Sewer, Water, TMLP, Historic District Commission which were placed on file. Glen Perlman, President National Van was invited into the enclosure. Mr. Perlman states his business is a conversion company which provides handicapped accessible vehicles to various facilities, like assisted living units and human services. They do not have a showroom. The bulk of their work is converting Ford vehicles they do about 400 unit per year. They are currently located in Attleboro but now need bigger facility. Manny asked if he going into an existing building and Mr. Perlman answers yes. Manny asked if he needs to do any modifications? Mr. Perlman answers very little like fencing, security and dumpsters. He stated the interior is very well suited for his type of work. Brian asked about the oil/gas separator and floor drains? Mr. Perlman says he will contact landlord but they will do whatever they need to. He stated they do have to put an oil/water separator. John asked if they will be painting them and Mr. Perlman answers yes the painting company is moving over with him. They do limited work like light body work, striping, etc. He stated he has 28 employees and he anticipates new hires. Public Input: No one appearing in favor or opposed to the proposal. Tony made motion to Grant the Special Permit/Site Plan Review with the dept. comments: 1 Condition #1) That the plans dated November 5, 2019 and revised on December 3, 2019 shall govern with the following 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-Built shall be submitted upon occupancy of 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) Two sets of updated plans shall be provided that conform to this decision prior to building permit . Condition #6) Proper backflow prevention is required on the domestic and fire services. Condition #7) A radio read water meter, by the Water Division is required. Condition #8) Dumpsters shall be shown on the plan, located on an impervious pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly. Condition #9) Parking spaces shall be striped. Condition #10) Sanitary sewer As Built for this property is required to be submitted. Condition #11) No vehicle washing is permitted. Condition #12) Vehicles being stored or displayed on site shall be stored and displayed within the defined display spaces shown on the plan only at all times. Condition #13) There shall be a maximum of 80 vehicles displayed or stored on site on the exterior at any one time on the exterior of the building. Condition #14) There shall be no vehicle parts stored on site on the exterior at any time. Condition #15) A hazardous materials permit from the Board of Health is required. Condition #16) Plan detaining the existing floor drain system. Condition #17) Show the fence, vehicle gate on the plan. Gates to be located in the Southeast and northwest corner. Condition #18) An Oil/Water Separator is required. Hearing closed at 5:47 PM. Public Hearing – Definitive Subdivision – Winthrop Lane - 3 proposed lots on the westerly side of Winthrop Lane (at house 477 Winthrop St.) located in the Highway Business District, submitted by A.L.E. Realty Trust Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 5:47 PM. Clerk Spencer read the public hearing notice along with Dept. comments from the TMLP, B.O.H, City Planner, Engineer which were placed on file. Karen Patneaude, Earth Services Corp. was invited into the enclosure. She stated 477 Winthrop Street received a variance from ZBA to divide the lot which has frontage along Winthrop Street and Winthrop Lane, which is a private ROW from 1955. She stated it’s owned by her client and Mr. Pereira and the City had an easement to place some pole along the ROW. Last fall they went to ZBA for approval for a residence in a Highway Business District. Because you can’t claim frontage on an unaccepted street they need to lay out road to create frontage for their lots. She stated there will be sufficient frontage for all 3 lots. Karen stated they added Mass. State Plane Coordinates, zoning setbacks and showed houses that meet all setbacks. The road is 15 feet wide and they are proposing 24 feet wide and will put overlay on the entire 24 feet. Karen went over the waivers requested which included the stormwater management, street trees. Manny asked if there is pavement on the roadway now? Karen answers yes. It was noted this is already serving 3 houses. It was noted sometimes Mr. Pereira plows or the City plows. This approval will make it a real roadway. Jody thought with the widening of the road it will improve the site distance. Brian asked about the waivers? Karen answers they are width of roadway, street streets and stormwater management. They are proposing to widen the roadway to 24 feet wide and there is already water & sewer there. They will be improving what is there and will result in access for 5 lots instead of the 3 lots there already. Chairman Campbell stated since the City doesn’t recognize the roadway what happens to the existing carport, would it be grandfathered? Karen stated they are aware they need to go to Mass DOT if approved. Public input: no one in favor or opposed. Chairman Campbell stated he would prefer to see 2 4” pavement top coat over entire width not just the proposed 9 foot new section. Jody agrees to have the overlay which will make it more accessible due to the extremely busy highway. It was asked if there is a clean out for the force sewer main? Karen answers yes. Chairman Campbell states looking at the flat grade he would like to see them to overlay entire road. He asked Karen if it would create any issues with the driveway and she answers she didn’t think so. WAIVERS: 1. Waiver of the Section 307: Reduction of right of way width from 50 feet to 40 feet. 2. Waiver of Section 313 & 314 – Drainage Design – Massachusetts Stormwater Regulations do not apply to housing development of four or fewer lots provided no stormwater discharges to critical areas. 3. Waiver of Section 406 Curbing and edging requirements 4. Waiver of Section 407 – sidewalks & grass plot requirements 5. Waiver of Section 410 – Street light requirement 6. Waiver of Section 411 – Street tree requirement 7. Waiver of Section 412 monument and traffic lane marking requirements 8. Waiver of Section 221 street & utilities construction plans and profiles. 9. Reduction of pavement width of 30 feet to 24 feet. 10. Proposed pavement profile to match profile of existing roadway CONDITIONS: 1. The subdivision will follow the outside consultant guidelines for inspections which shall also include any sewer and 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 $7,500 and shall be replenished back to a $3,000 balance anytime it dips below $1,500. 2. All dwelling must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 3. Add Mass. State Plane Coordinates to Winthrop Lane Corners 4. Add Zoning setback lines, proposed building footprints and proposed driveway locations. 5. Roadway widening paved to binder grade to match existing and then 1 ½’ overlay over the full 24’ width to allow for a uniform pavement surface while guaranteeing the minimum pavement depth of 4” on the new and existing surfaces. 6. Curb Cut is required from MassDOT for roadway changes at Winthrop Street. Public Hearing- Bruno’s Way – Definitive Subdivision – to be located at 172 Williams Street – consisting of 4.63 acres – 4 lot subdivision in the Suburban Residential District, submitted by Mary Ann Mozzone Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 6:11 PM Clerk Spencer read public hearing notice and dept. comments from Engineer, Conservation Commission, TMLP, B.O.H, DPW Water and City Planner, Also letter from abutters Ed & Catherine Lynch 184 Williams St. and Kathleen Ward, 190 Williams St, and letter from Zack Nicholson, 73 Roundtable Lane. Tony disclosed that he checked with the State Ethics commission and has no conflict based on the fact he knows the owner and has filed a disclosure and stated he can vote on this proposal. Atty. Williams Rounds and Bob Forbes, Zennith Engineering was invited into the enclosure. Atty. Rounds submitted 3 letters, Robert Yeomans, 170 Williams St., Emily Jean Farrer, 25 Eldridge St., and Manuela DaCosta & Antonio Nogueira, 34 Seymour St., New Bedford, Ma which were made part of the record. Bob F. stated the property is located north of Roundtable Lane and Rte. 24. There is approx. 4.6 acres on an existing driveway with accesses the house. 3 They would could possible put 8 lot on this property but only wish to put 4 lots (this includes the existing house). The proposal is to create 3 more additional lot accessing from the 20 foot wide paved driveway which will become a road. They are proposing a hammerhead turnaround like they did with Roundtable Lane Extension. Bob stated there will be no grading difference and there will be a full turnaround. They will fill in low area and keep the drainage being shed from runoff from left side. They had to clean a portion of the basin to make more capacity. Even with the increase in impervious area all water stays on their property. They met with the City Engineer and they has no issue with his comments. Bob stated this proposal is pretty good for the neighbors with less lots and a 20 foot wide private roadway. John asked if they were proposing any sidewalks and what about snow removal? They will put snow off to the right side of cul-de-sac and they were not proposing any sidewalks. There are no sidewalks on Williams Street. John asked if a school bus could turnaround and it was answered yes with a 3 point turn. Arthur asked if there would be a homeowner’s association and it was answered yes. Manny asked if they talked to Mr. Lynch and Atty. Rounds answers yes he simply doesn’t want a subdivision. Bob stated there will be very little traffic generated from this proposal with fewer than 30 trips per day. Manny asked if there was sewer on Roundtable Lane? Bob stated they conducted perk test and the soils were good. It was asked if they would be cutting trees and it was answered yes well into the site. Bob stated there was no water table at the perk test. They conducted it in 3 different locations. Manny asked what the water table was and Bob guessed at 16 feet. It was a 4 minute perk rate. Bob went over the measure they would be using to avoid standing water. It will be less than 30 hours. Chairman Campbell asked the remaining land and it should be combined with her lot. Public input: Opposed: Ed Lynch, 184 Williams St. his concerns were trash collection, street lights, and safety. He has a 28 yr. old non-verbal special needs some who lives with them and his concerned for his safety when outside. He also said that a 25’ x 100’ piece of land was deeded to him from previous owners for him to access his land. Bob didn’t find any deed reference for that? He wouldn’t want to see the trash from all 4 houses packed at the end of the road. Chairman Campbell stated that would be addressed by the Homeowner’s association. Mr. Lynch asked where is the snow going to go? He also is concerned with septic system failing because of snow being piled on it. Bob said he has never heard of a septic system failing due to snow being on top of it. Bill Rowan, 179 Williams Street had an issue with no sidewalks being proposed. He stated there need to be sidewalks on Williams Street (even though there are none now) Opposed: David Cabral, 61 Roundtable Lane. He stated the grade changed when they did Roundtable Lane Extension. Mr. Lynch asked about the mailboxes and it was stated that is up to the Post Office. John Doherty, 115 Broadway, realtor is in support of the proposal. Public input closed. Chairman Campbell asked if they found the 25’ x 10’ parcel of land deed over to the Lynches and it was answered no. Chairman Campbell suggested having dumpsters instead of public trash collection. He too doesn’t want to see all the trash at the end of the roadway. Chairman Campbell pointed out the steepness in the driveway to the turnaround and asked what the slope was and it was answered 6 ½ slope. He suggests modifying slope. He asked what the note #12 referenced and it was answered that was a mistake and will be removed from plans. Manny stated if the road was public it would be more lots, less trees saved and public trash. Being private will reduce number of los, private trash collection and better for the neighborhood. Motion made and seconded to approve the subdivision with the following conditions: WAIVERS: 1. Section 308 (7) To allow a private road with waiver as listed below: 2. Section 309 (4) Reduction of the required property line radius of 30 feet to 20 feet. 3. Section 311 (2) Waive the required turnaround and allow for a tee. 4. Section 313 – Waive the requirements of pipe drainage and allow country drainage prevalent in the area. 5. Section 406 – Waive the requirement of curbing and edging. 4  6. Section 407 – Waive the requirement of sidewalks. 7. Section 411 – Waive the requirement of street trees 8. Appendix A, Plate 1 – Waive the requirement of a 30 foot wide road and allow a 20 foot wide road. Also waive the requirement of a 50 foot wide layout and allow a 40 foot wide layout. CONDITIONS: 1. The subdivision will follow the outside consultant guidelines for inspections which shall also include the sewer and 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 $7,500 and shall be replenished back to a $3,000 balance anytime it dips below $1,500. 2. The proposed lots will be serviced by municipal water and on-site septic systems, with appropriate setbacks and buffers in accordance with Title 5 regulations. The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 3. A current fire flow test will be required on the nearest hydrant prior to final Water Department approval of the size of the main proposed – which must be at least 8”. 4. DPW permits will be required including City Licensed Contractor, Road Opening, and Trench. 5. DPW Water Specifications will apply including materials, testing, and scheduled inspections prior to back filling. 6. Add State plane coordinates to the plans at the proposed roadway bounds. Proponent must provide proof of closure for the perimeter of the entire parcel and the roadway layout. 7. Change the address on the lotting sheet of the existing house from #174 Williams Street to #172 Williams Street. 8. The drain culvert under the driveway on lot 3 will be no less than 15” in diameter per MassDOT design requirements. 9. The binder course needs to be 2 ½” thick. Final pavement depth of 4” for binder and top courses. Adjust detail of typical road cross section on Sheet 3 of 3. 10. The proposed houses on Lots 2 and 3 are significantly lower than the proposed roadway elevation. The driveways need to be constructed in such a manner that the drainage from the roadway and driveway flows away from the buildings. 11. The centerline grade from Sta 3+00 to Sta 4+00 must be revised so not to exceed the allowable 6% grade for a minor residential street. 12. The minimum water size main is 8” diameter. 13. The roadway is to remain private in perpetuity and so-noted in each deed conveying the lots. A Homeowner’s Association shall maintain the drainage system, the roadway, snow removal and shall provide private trash pickup. The Association documents need to be referenced in the deeds and recorded at the Registry of Deeds. 14. Remove Note #12 on plans relative to roadway being accepted. The Roadway will be private in perpetuity and maintained by the Homeowner’s Association. 15. Install a percolation structure acceptable to the City Engineer in the bottom of the detention / retention basin to ensure continued function of the basin. 16. Re-locate the hydrant to the right side of the driveway on lot 3 so it is not in the way of snow removal. 17. Total number of lots in this subdivision is 4. 5 Public Hearing – Millview Estates – Definitive Subdivision - to be located on the east side of Whittenton Street on Assessor’s Map 38, lots 108 and 125, consisting of 8.64 acres - to create 8 residential lots in the Suburban Residential District. Roll Call: Carr, Reardon, Abreau, Lopes, Fiore, Spencer and Campbell. Hearing opens at 7:34 PM. Clerk Spencer read the public hearing notice, dept. comments from City Planner, Conservation Commission, TMLP, Water Dept., and B.O.H. which were placed on file. Brian Dunn and Tracy Duarte, MBL Land Development and Atty. John Zajac were invited into the enclosure. The property is on the east side of Whittenton Street and is a combination of two parcels along Millview Street, an unaccepted road. This is the former tennis club which has and old paved access way. They are proposing an 8 lot subdivision with a cul-de-sac at end. 24 foot wide roadway, sloped granite and 6 foot concrete curbing sidewalk. They are asking for a waiver of the grass plot. The proposed roadway will be constructed along the existing 40 foot wide right of Way and will have a pavement width of 24 feet with slopes granite edging and a 6 foot wide bituminous concrete sidewalk on one side. The lots will be serviced by municipal sewer. The proposed stormwater management systems consists of catchbasins, drainage pipes, and water quality units that will direct stormwater into one of the two proposed infiltration basins designed to recharge the 100 year storm with one foot of freeboard and roof runoff will be directed to subsurface recharge chambers. Due to the amount of utilities they are proposing underground utilities. Chairman Campbell stated when a new catch basins goes in it has an inlet? Tony stated he spoke to the City Engineer and if they can verify the drain line an extra catch basin might not be needed. It was asked where the snow would go and it was answered at the end of the cul-de-sac which is not a fully curbed island. This road will be a public road. The detention basins are the responsibility of the homeowner. It was note to make that public. Chairman Campbell asked about all the fill being removed and if triggered an earth removal permit? They will need to adjust grading on the lot to the left. They have conducted testing inside roadway and had 2 feet separation with the basins. Opposed: Laura Gonsalves, 643 Whittenton Street, had some concerns with the detention basins and if they were going to be fenced for safety. Chairman Campbell stated they has some issues with fencing around basins. Atty. Zajac stated the water for a 100 year storm will absorb in 2. Hours so the water in the basin will not be lingering around too long. Chairman Campbell asked what on the surface of the basin and it was answered loam, seed and gravel on bottom. It was suggested provide plantings along the Gonsalves property. Chairman Campbell asked what is the maintenance of the basins? Brian Dunn answered taking once a year. They will include maintenance instructions in the deeds. He stated the WAIVERS: 1. Waiver of Section 407 – grass plot requirements and allow one 6 foot wide bituminous concrete sidewalk instead of sidewalks on both sides. 2. Reduction of pavement width of 30 feet to 24 feet. 3. Waiver of Section 411 – Street Tree Requirement CONDITIONS: 1. The subdivision will follow the outside consultant guidelines for inspections which shall also include the sewer and 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 dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 6  3. Proponent must provide proof of closure for the perimeter of the entire parcel and the roadway layout. 4. ADA Curb Ramps need to be constructed at the intersection of the proposed road and Whittenton Street. There is a sidewalk that runs along the easterly side of Whittenton Street. Vertical granite curbing should be used to construct the radius corners and the curb ramps. 5. Add a driveway detail maintaining the sidewalk grade across the driveway openings. 6. Vehicular access around the perimeter of the infiltration basins must be no less than 15’ wide (per MA DEP Stormwater Handbook Vol. 2 Ch.20 7. Inspect and document the drainage system along this section of Whittenton Street to assess its condition and ability to convey the discharge from the subdivision. 8. Relocate the existing catch basin on the northwesterly end of the proposed street, (which is inside of the proposed street opening) to the new curb line where the inlet stone will be installed. Add a new catch basin on the southwesterly end of the proposed street opposite the existing catch basin in front of #658 Whittenton Street. Connect both catch basins on the existing drain system with 12” diameter pipe. Recommend digging test pits to determine if there are any potential conflicts with existing utilities. 9. An operation and maintenance manual shall be created for the infiltration basins to be distributed with and included in the deeds so that the owners of the underlying lots will know that they are responsible for the maintenance of the basins and what it entails. 10. Remove the grass island in the center of the proposed cul-de-sac. The existing Millview Street layout can be used beyond the cul-de-sac as an easement to accommodate snow storage and the proposed hydrant location. 11. Lot 9 should be labeled as parcel A instead of lot for clarity purposes since it’s not buildable and is being combined with the abutting existing house lot. 12. The existing buildings on site will be demolished, which must be noted on plans. 13. The project has received an Order of Conditions with Special Conditions, DEP #73-2828. 14. A current fire flow test will be required on the nearest hydrant prior to final Water Department approval on the size of the main proposed which must be at least 8”. 15. DPW Permits will be required including City Licensed Contractor, Road Opening, and Trench. 16. DPW Water Specifications will apply including materials, testing, and scheduled inspections prior to back filling. 17. The proposed lots will be serviced by municipal water and sewer. All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 18. Install a 4 foot chain link fence along on lot 5 along the property line of 643 Whittenton Street, as well as the arborvitae (or similar) screening hedge adjacent to the infiltration basin. 19. Underground utilities are proposed with lanterns at driveways if approved by the TMLP. 20. Total number of lots in the subdivision is 8. Public Meeting – Site Plan Review – 245 Cape Highway – for the construction of a 996 sq. ft. addition to the existing building and the elimination of 2 parking spaces, submitted by Pierre Ibrahim. Clerk Spencer read dept. comments from DIRB, Engineer, Water, TMLP, and Veolia Water which were placed on file. Stevie Carvalho, P.E. Farland Corp., and owner was invited into the enclosure. They are proposing a small addition (996 sq. ft.) and eliminating 2 parking spaces. They were approved for a smaller addition (400 sq. ft.) a few years back but never constructed it. Their client, Honey Dew Donuts wanted a little more room and they want to move forward with this. They will also have 2 tables (8 seats) It was noted the septic system hasn’t been evaluated and must be. There is not seating now. Manny has no problems with the proposal. Public input: No one in favor or opposed. It was suggested they check with the Board of Health to check on the septic system. 7 Motion made and seconded to grant the Site Plan Review with the following conditions: Condition #1) That the plans dated October 30, 2019 shall govern with the following 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-Built shall be submitted upon occupancy of 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) Two sets of updated plans shall be provided that conform to this decision prior to building permit . Condition #6) Proper backflow prevention is required on the domestic and fire services. Condition #7) A radio read water meter, by the Water Division is required. Condition #8) Dumpsters shall be shown on the plan, located on a concrete pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly. Condition #9) Parking spaces shall be striped. Condition #10) The 100 foot wetland buffer line shall be shown on the plan or a note added that there isn’t one within 100 feet. Condition #11) A legend shall be added showing plan details. Condition #12) The existing and proposed building dimensions shall be shown. Condition #13) An updated food plan review is required from the Board of Health. Condition #14) Verify with the Board of Health that the current septic system is adequate to accommodate the addition. Public Meeting - Site Plan Review -16 Park Street- for the construction of a 3 story 23,050 sq. ft. self- storage building (totaling 69,000 sq. ft. of storage & 150 sq. ft. office space) with 60 parking spaces along with associated grading and utilities, submitted by Fifty Washington Street Assoc. LLC, c/o Pathmark Medical Dev. Scott Carter. Clerk Spencer reads repot from DIRB, Engineer, TMLP, Historic District and Water which were placed on file. Letters from Stanley & Raymond Sidor opposed Stevie Carvalho, P.E., Farland Corp., and petitioner were invited into the enclosure. The property is on the corner of Washington Street and Park Street. They are proposing a 3 story building. The property is an old mill site and there have been countless demos for buildings and currently there is a foundation on the site. They do have a AUL which shows it’s a clean site. They are proposing one means of access which is about 70 feet from the corner of Washington Street. The whole site drains towards the mill river. There will be no increase in runoff. The runoff will go into the re-charge systems. When there is a high storm event it will discharge into the Mill River. The entire property will be fenced in and there will no dumpsters. John asked how many units and it was answered 500 units. He asked if there would be outdoor storage and he answers no. The hours of operation will be 9-6 PM. There will be an on-site manager who will be on-site during hours of operation. They must provide no less than 60 parking spaces per the ZBA approval. Manny asked about the security and it was answered when not in operation there will be code in case of emergency. Tony stated it’s their intention for all new utilities and they answered yes. They believe the contamination has been all cleaned up and they are anxious to move forward. They went to the Conservation Commission meeting and showed a rendering of the building. Chairman Campbell stated the curb openings that are not being used should be closed along Park & Washington Street. Motion made and seconded to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated November 8, 2019 shall govern with the following conditions: Condition #2) Lighting shall not illuminate any portion of abutting properties. Condition #3) The site shall be kept clean and clear of debris. 8 Condition #4) Two sets of As-Built shall be submitted upon occupancy of 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) Two sets of updated plans shall be provided that conform to this decision prior to building permit . Condition #6) Proper backflow prevention is required on the domestic and fire services. Condition #7) A radio read water meter, by the Water Division is required. Condition #8) No Dumpsters. Condition #9) A current fire flow test will be required on the nearest hydrant prior to final water approval of the size of the proposed services. Condition #10) DPW permits are required including trench, road opening and City Licensed Contractor. Condition #11) Plus minus notations on square footages of the building and lot shall be removed. Condition #12) All doors and egress points shall be shown on the plans. Condition #13) Compliance with the Conditions of ZBA Case # 3451 is required at all times. Condition #14) A copy of the activity and use limitation is required prior to any buildings permits. Condition #15) A Conservation Commission filing is required. Condition #16) There shall be no overhead doors on the east side of the building. Condition #17) A plan shall be filed at the Registry of Deeds combining all the parcels into one parcel and a new confirmatory deed shall be recorded. Recorded copies shall be provided prior to any building permits. Condition #18) Show the correct pipe on the infiltration trench. Condition #19) Show on the manhole detail addresses the drop from inlet to outlet. Condition #20) Show the correct invert for the catch basin. Condition #21) Show the detail on the retaining wall. Condition #22) Close the unused driveway openings with granite curbing. Condition #23) Repave and install ADA compliant sidewalk along the frontage along Park Street. Fuller Estates – Release of original covenant and file new one and request for lot releases John Garaniito was invited into the enclosure. He stated the re-numbered the lots due to a Form A (lots being re-configured) and now must release original covenant and file a new one to reflect the new lots numbers. He is also requesting the release of 3 lots. Clerk Spencer read letter from City Planner and outside consultant into the record. Tony made motion to release the original covenant once a new covenant is filed. Seconded by Arthur. All in favor. Arthur made motion to release 3 lots upon surety of $27,000 (or $9,000 per lot) seconded by Manny. All in a favor. Highland Heights – Request for lot release – Andy Hopgood, Clarewood Homes was invited into the enclosure. He is requesting 4 more lots to be released. Clerk Spencer read letter from the City Planner and outside consultant stating no surety is needed because we are holding enough. Tony made motion to approve the release of 4 lots with no additional surety being required. Seconded by Arthur. All in favor. There was an issue brought to the Board’s attention with the curbing at the wheelchair ramps . Andy Hopgood stated they did it to the City Standards but it would be a lot better if they were able to use vertical granite curbing. It was agreed to allow the granite curbing to be vertical. Tony made motion to change the P.B. Rule & Regs. To allow vertical granite curbing. Seconded by Arthur 9 225 Plain Street – Property For Sale – City’s First Right of Refusal - The Board voted on this last month but the Attorney submitted a new Purchase & Sales Agreement for the 2 properties. Brian made motion to send same letter as previous. Seconded by Tony. All in favor. Chairman Campbell stated Jody Fiore chose not to seek re-election and he thanked Jody for his service and welcomes him back anytime. Meeting adjourned at 9:19 PM 10