Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: January 9, 2020 BOARD MEMBERS: Bob Campbell, Chairman Anthony Abreau Arthur Lopes, Vice Chairman John Reardon Manuel Spencer, Clerk Dennis I. Ackerman Brian Carr ADVISORS: Michael Patneaude, City Engineer Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Carr, Reardon, Abreau, Lopes, Ackerman, Spencer and Campbell present. Meeting opens at 5:30 PM. Tony made motion to accept minutes of December 5, 2019, seconded by Arthur. Chairman Campbell had a moment of silence for Jason Buffington City Solicitor and former City Councilor who passed away on January 1, 2020. Election of Officers: Chairman, Vice Chairman and Clerk Arthur Lopes nominates Robert Campbell for Chairman, Seconded by Tony. All in favor. Dennis Ackerman nominates Arthur Lopes for Vice Chairman, Seconded by Tony. All in favor. Arthur Lopes nominates Manuel Spencer for Clerk, Seconded by Tony. All in favor. Dennis Ackerman read disclosure from the State Ethics Commission stating that there is no conflict being on the Planning Board and Zoning Board of Appeals. Public Hearing – 61 N. Walker St. - A Special Permit from Section 440 -710 of the Zoning Ordinance to allow a 791 Sq. ft. Accessory Dwelling Unit in a Rural Residential District. Hearing opens at 5:35 PM. Roll call: Carr, Reardon, Abreau, Lopes, Ackerman, Spencer and Campbell. Clerk Spencer reads public hearing notice and dept. comments from the Engineer, Water, Veolia Water, TMLP, Conservation Commission, and Historic District which were placed on file. Estele Borges, Broker/owner of District Realty was invited into the enclosure. She stated her client Mr. Lema has buyer for the property Mrs. Almeida who wishes to construct an accessory dwelling unit for her parents. She has spoken to the Board of Health regarding the septic system and will provide new plans eliminate the French doors. They are full aware they need to amend the current building permit to include the accessory dwelling unit. Dennis complimented the realtor for coming her tonight in the beginning stages of construction. Public Input: no one in favor or opposed. Public input closed. Tony made motion, second by Dennis to grant the Special Permit with the following conditions: 1 Condition#1) Any roadway or utility improvements required will have to be done by a Licensed Contractor. Condition #2) Any utility excavations may require a Trench Permit. Condition #3) Any changes to the existing driveways may require a Street Opening Permit. Condition # 4) The lot will be service by an on-site septic system rated for 440 gallons per day, allowing for a max. use of 4 bedrooms. Given the definition of a bedroom, the “family room” will qualify as a bedroom. Updates plans must be submitted showing the removal of proposed doors separating the family room from the dining area or the septic system is not in compliance with Title 5 Regulations and does not satisfy the requirements for the addition of an accessory dwelling unit. If municipal water is not available, the lot would need to be able to construct a private well. The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. All in favor. Public hearing closed at 5:43 PM Cont’d 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 Roll call: Carr, Reardon, Abreau, Lopes, Spencer and Campbell. Ackerman abstains from voting because he wasn’t a member last month. Clerk Spencer read NEW dept. letters from the Engineer, B.O.H., TMLP, Conservation Commission, Water Dept., City Planner, and Ruth Geoffrey which were read into the record. John DeSousa, SeaCoast Consulting LLC, was invited into the enclosure. John stated the perks were recently conducted and all were less than 2 min. perk. They had their hearing with Conservation Commission and they recorded the decision on 12-3-19. Chairman Campbell asked about Lot 1 if there was any proposed grading? John stated there is no grading being proposed because road is lower than lot 1 and all flows into the street. It was stated he needed to show swale in rear corner on the plans. Chairman Campbell wanted to make sure there won’t be anything trapped on the abutters lot. There was discussion on the berm and John stated it’s 15 wide on top per policy which is not regulated under Stormwater Management. Chairman Campbell asked they submit maintenance plan of berm and John stated they did . There is no real maintenance because it’ a grass basin. They will be required to clean in manually by rake. Chairman Campbell asked about the entire subdivision being 18 acre but Lot 5 is 19 acres? That needs clarification and if it is more then additional fees would need to paid. Manny asked about lot 1 and if the abutter’s concerns were addressed and John D. stated it will be on the final approved plans. Chairman Campbell asked there is still a high spot where the road comes down to Lothrop Street? John D. answered there is small crown on the road. Chairman Campbell stated they need to make sure it doesn’t puddle at Lothrop Street. John D. say she will show it on the grading plan. Brian asked about the sloped granite curbing along sidewalk. They are proposing cape cod berm with edging on other side. He pointed out the arborvitaes are not labeled how far apart they will be planted. Manny asked John D. how if he knew the required distance apart? John D. answers about 4 feet apart or 2 ½ apart if you want to create a wall like buffer. Chairman Campbell brought to their attention the plantings are right at the street and it could create an obstruction. It was suggested planting 3 feet apart 15 feet back from property line and substitute Eastern red cedar instead of arborvitaes. Chairman Campbell went over the double grate catch basin and apron stone and if it is flanged and if it was parallel or perpendicular and John answered it was parallel. Chairman Campbell asked if there will be vertical curbing around throat and John D answers yes. 6” straight vertical curbing. Public Input: Ruth Geoffroy submitted letter on behalf of Daniel & Jennifer Geoffroy and states she’s satisfied with what they are proposing to do. No one opposed. Public input closed. Tony made motion to approve the Definitive Subdivision with the following waivers & conditions: 2 WAIVERS: 1. To allow the pavement width to be reduced from 30 feet to 26 feet. 2. To allow one 6 foot wide sidewalk instead of sidewalks on both sides. 3. To allow 4” x 4” concrete bounds to be set at all points of curvature and points of tangency as shown on plans. 4. Roadway is to be striped with double yellow centerline and one-foot offset white edge lines. 5. Coordinates shown are Massachusetts State Plane. Grades are North American Vertical Datum of 1988 (NAVD88) 6. To allow a reduction in the property line radius at Lothrop St from 30 feet to 0 feet and of the curb line radius there from 30 feet to 20 feet, set back 1 foot from the existing gutter line. 7. To allow Eastern Red Cedar to be used as street trees to avoid the taller trees listed in the subdivision rules and regulations. CONDITIONS: 1. Arborvitaes for screening shall be a minimum of 4 feet in height, spaced 6 feet apart and set back 15 feet from front property line. 2. Show grading of the cul-de-sac and of the Lothrop Street intersection on the Definitive plans. 3. Grading on the plans has to conform to the approved profile. 4. The width of the detention basin berm shall be 15’ per the MADEP Stormwater Handbook, Vol. 2 Ch.2. 5. The Operation and Maintenance Manual for the detention basin needs to be included in and recorded as part of the deed for Lot 5, as the owners of that lot are responsible for maintenance of the basin. 6. The properties will be serviced by municipal water and on-site septic systems. Each lot must be suitable to accommodate construction of an on-site septic system, 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. 7. The applicant shall file a Notice of Intent for the construction of the roadway and if any future construction on any of the lots will be within 100 feet of BVW, then a filing will be required for that specific lot. 8. The proposed 8” connection into the existing 12” AC water main will require a 3-gate-valve intersection or a 12” x 8” tapping sleeve and gate valve with 2 12” insertion valves – as per DPW Water Specifications. 9. The Subdivision will follow the outside consultant guidelines for inspections which shall include any sewer and water extensions and all other work offsite completed in conjunction with this project. The initial escrow deposit for paying for inspections should be set at $10,000 and should be replenished back to a $5,000 balance any time the balance dips below $1,500. 10. The existing house #130 is proposed to be accessed off the proposed new road and will technically have no access once the subdivision is approved until the road is constructed. This will be factored into lot releases and surety requirements. 11. Exclude Lot 3 from the recorded covenant. 12. Total number of lots in the subdivision is 9. 3 Public Hearing – Definitive Cluster Subdivision entitled “Bella Rose Estates” - to be located on the south side of Fisher Street (property I.D. 75-22) creating 9 residential lots with 11.40 acres of open space located in the Rural Residential District., submitted by Alec Rich, III Roll call: Carr, Reardon, Abreau, Lopes, Ackerman, Spencer, and Campbell. Hearing opens at 6:33 PM Clerk Spencer dept. comments from the B.O.H, Conservation Commission, TMLP, Water, City Planner, And letter from Patricia Wilbur opposed which were placed on file. John DeSousa, SeaCoast Consulting LLC was invited into the enclosure. John stated this property was previously approved for a 9 lot subdivision and then the Bank took it over and has sold the property. There are 2 Form A lots along street and there are wetland on the property which restricts the development. The Three Mile River is in back and it’s in the Estimate Habitat. They are proposing a cluster development to limit the amount of land use and have the open deeded to Conservation Trust. They show a conventional 9 lot subdivision with the required frontage, lot size. They wish to do a cluster which results in less roadway, less disturbance of wetlands. John said the grading will be a big challenge. They have proposed 2 rounded easements on the roadway, 2 retaining walls, 2 catch basins in front that will go into the infiltration trench. John pointed out the abutters’ letter in regards to drainage and the water is not going in her direction. John said he spoke to Veolia and they thought low pressure system all the way along Fisher Street. It was asked if they thought they had to blast and John said they may need to. It was pointed out the slope is 8 % and it cannot exceed 6% per P.B. rules. Manny asked if what they are proposing will help abutter and John stated the water is not going on her side. John asked abo the street and he stated the Board can change or waiver the type of trees. Manny asked if they would be adding stubs along Fisher Street and it was answered yes for about 12 - 14 homes. Chairman Campbell asked about the sewer extension and John answers it’s about 800 foot extension. Tony said they will need sewer extension but he is worried about the ledge. John asked John D. if he addressed all the City Engineer’s Comments and John D answers yes he did. John D. stated he will show retaining walls on plans. It was asked how high would be walls be and John answers 6 feet at the highest point. Dennis stated there is a lot of ledge and asked if they need to blast. John D. answers they would prefer not to but might have to. He stated he’s aware blasting impacts the neighborhood and they would prefer not to. They will have walk out basements. It was suggested show buildings on plans. Brian stated the area is within environmental concerns and John D. answers it’s in the habitat area. That is why they are proposing a cluster instead of conventional subdivision. The open space will be about 11 acres which is more than half. It was asked if there is sewerage on the street and it was answered they would need a grinder pumps. Tony pointed out the 8% elevation and they will need to change to 6%. Per P.B.Rules. Chairman Campbell asked if there was Ledge along the roadway and John D. answered there was bedrock found a few years ago. It was asked if there was any perks done and John D. Answered yes, they were hand dug. 14 feet below grade. They are hoping no ledge is found.. They will need to provide ledge profile through the roadway. Open public input: Shawn Nunes, 100 Fisher Street had concerns with the ledge. He stated he has a 500 gallon propane tank and he didn’t think they can blast. He stated the previous proposal from Maplewood Builders was for 9 -11 lots. No one in favor. It was noted to leave public input open. The Board thought it would be best to continue to have the engineer update the plans addressing all the dept. concern. Chairman Campbell stated the Board needs to determine the number of lots. They have shown a conventional subdivision with 9 lots 4 having 150’ of frontage, 60,000 sq. ft. size. The Board indicated they would be willing to consider a 9 lot cluster subdivision . John D. stated he worked for Tibbetts long time and they did some work on this land but he doesn’t’ remember percolation on the street. Brian made motion to continue to February 6th to address the depts. . concerns and provide plans. Seconded by Arthur. All in favor. Some of the items needing addressing on plans are: show location of house footprint, show overall grading, minimize blasting or eliminate it, excavate some holes. Public Hearing – 260 Broadway – Special Permit from Section 440 Attachment # 1 to allow an additional residential unit resulting in 2 residential units and 1,146 sq. ft. of office space. Roll call: Carr, Reardon, Abreau, Lopes, Ackerman, Spencer and Campbell. Hearing opens at 7:32 PM. Clerk Spencer read public hearing notice and dept. comments from the Water Dept., Engineer, Veolia Water, TMLP, Conservation Commission, City Planner, Fire Dept. and Historic District Commission which were placed on file. Keith & Debra Viveiros was invited into the enclosure. They wish to use the building as satellite office for their real estate company and add another living unit resulting in 2 residential units with 1,900 square feet of office. They stated the building is too large for their satellite office so they wanted to convert some of for a residential unit. Public Input: Mary Cipollini, 37 James Street asked what they were proposing to do? They explained how they were going to add one more living unit and use the rest for a satellite office. They don’t need the entire building for office since this be offices for a few realtors who reside in Taunton. He stated the addition of one more residential until will help offset the money spent on fixing up the building. No one in opposed. Public input closed Tony made motion, seconded by Arthur to Grant the Special Permit with the following conditions: Condition#1) Any roadway or utility improvements required will have to be done by a Licensed Contractor. Condition #2) Any utility excavations may require a Trench Permit. Condition #3) Any changes to the existing driveways may require a Street Opening Permit. Condition # 4) Veolia Water recommends the sewer lateral pipe CCTV inspection from building to City main connections for any defects. They also recommend an upgrade of an outside cleanout and backwater valve protection to meet the current sanitary sewer standards. Condition #5) Mixed Use buildings will be required to contain full sprinkler and fire alarm systems in accordance with the Massachusetts State Building and Fire Codes. Condition #6) 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 of Human Habitation, State Sanitary Code, Chapter II. All in favor… Hearing closed at 6:42 PM Public Meeting - Mod. Site Plan Review – 660 County St. - to modify the curbing along the north end of the property adjacent to Hart Street to allow better traffic flow for customer & delivery vehicles and will increase the landscape area by 15 square feet and reduce the overall parking from 39 lined spaces to 38 spaces, submitted by Cumberland Farms, Inc., owned by SBK, LLC Bruce Thomas, Mgr. Clerk Spencer reads dept. comments from the DIRB, TMLP, Engineer, Historic District which were placed on file. Manny Paiva, Senior Project Manager representing Cumberland Farms. They are here because they are eliminating one parking space and per the ordinance it requires a modification. He stated the Hart Street entrance has been destroy a few times and they are proposing to eliminate one parking space to widen the entrance for easier access. They are actually putting 15 square feet of landscaping in and wit will be a better traffic flow. Chairman Campbell said there has been a few medications to this site and Manny said 5 originally Cumberland Farms wasn’t the tenant so it was designed differently. Chairman Campbell agrees it will improve the site. Chairman Campbell pointed out the problem when exiting from County Street and trying to take a left. To go towards mall. Dennis said when it came before the ZBA they tried to address that and have no left turn but Mass. DOT approved it different. Dennis suggests planting low shrubbery to avoid any obstructions. No one in favor or in opposition. Dennis made motion, seconded by Arthur to approve the modification of Site Plan Review with the following conditions: Condition #1) That the As-Built plans dated June 4, 2019 shall govern with the following additional conditions: Condition #2) All conditions of the previous approvals dated April 4, 2014, May 8, 2017 and November 3, 2017 shall remain in full force and effect except as specifically modified in this decision. Condition #3) The proposed parking space removal and landscaping modifications shown on the October 30, 2019 sketch is approved. Condition #4) Add a stop bar at the interior intersection that is being modified. Condition #5) The property address for the parcels in City records is 690 County Street and the decision should reflect this for consistence (the Cumberland Farms building has an address of 660 County Street) Condition #6) Two sets of As-Builts plans shall be submitted upon completion of all work on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans. Plans shall include at least all of the information shown on the proposed plans referenced in condition #1 above and all utility as-builts. Condition #7) The walkway from the corner into the site shall be re-constructed to AAB/ADA compliant. Condition #8) The proposed landscaping plantings shall not exceed 2 feet in height. All in favor. Special Permit – 354 Winthrop St. – for a 4,140 sq. ft. Retail Marijuana establishment. Submitted by HTC Trinity LLC - Need to forward a recommendation to the Municipal Council Atty. William Rounds and Kyra Fernandes were invited into the enclosure. Tony excused. Clerk Spencer read dept. comments from the B.O.H., Fire Dept., Conservation Commission, Engineer, TMLP, Fire Dept. and Veolia Water which were placed on file. Atty. Rounds stated this is a Special Permit from the Municipal Council so the Planning Board needs to forward a recommendation. The property is across the street from Frank’s Good Time Lounge. He stated the site has equipment stored on it now and it’s a former hazardous site. The property is located in the Highway Business District and retail marijuana is allowed by a Special Permit from the Municipal Council. The property consists of 2 ½ acres and is partially paved with 65 parking spaces. They are only required to have 16 parking spaces. If approved they will provide more detailed plans for the Site Plan Review. Ms. Fernandes is the owner of Trinity and she is also a Real Estate Broker and a lifelong Taunton resident. She states the business is specifically designed to be locally run and operated by her and hopefully employ women. She realizes security is top priority and she is complying with all the requirements. They are aware there were a number of proposals on Winthrop Street and one was denied by Cohannet Street which is further down the street. John stated the Planning Board approved the site for a hardware store in 2018 and he drove by site and there is all construction equipment being stored on the property. He also heard they were running lights and possible digging? He stated the only approval for the property is a hardware store. John suggested referring it to the Zoning Enforcement Officer for enforcement. John recommends continuing this until they clear the site. Atty. Rounds stated they don’t control the site yet and they are unaware what the owner is doing. Dennis understands the Board’s concerns but we could refer it to the Building Dept. for enforcement and hopefully they clear it off prior to going to Council. Ms. Fernandes stated the owner, Weder Pereira, has control over the property and she agree he needs to do something. Arthur reminded the Board that this site was contaminated and has some restrictions on what you can do on it. Brian agrees he has major issues with what 6 has been going on at the property with the many machines being stored there. Dennis recommends forwarding a recommendation to the council and let them answers to the Council about it. He thinks no giving a recommendation only hurts the petitioner. Arthur states he doesn’t think the Board should give a recommendation to the Council given the concerns the Board has. Manny asked if this is time sensitive? He stated it will go to the Council one way or another because they have the final decision. Ms. Fernandes stated she has a P&S with the buyer contingent the site is clean. It was stated this isn’t the first time a marijuana establishment wanted to go here. Atty. Rounds stated yes there was another petitioner but she received approval for her other site so she withdrew this one. Chairman Campbell suggested repairing the sidewalk in front of the property and cemetery property. The Board stated they would put the standards conditions relative to hours of operation and police detail. Jeff Bandini, Traffic consultant, McMahon Association explained the traffic study. He stated there will be no significant impact on traffic from the proposed business. It was asked if the study was based on existing conditions and he answered yes. He stated there is good site distance for safe accessible. Brian asked if the petition is aware of the owner owing any fees, taxes to the City and she answers she doesn’t know. Brian asked if she was part of any facility first? She answers she is getting financed locally (Bay Coast) for the building and land. John if they held their community meeting? Ms. Fernandes answers it was on Oct. 2019 at Holiday Inn prior to having host agreement and only one person showed up. The woman lived on Bay Street and they talked to her. Ms. Fernandes stated her hours of operation would be Monday – Saturday 9 AM – 9 PM – close Sunday and she is hoping to have 75% woman workforce. Manny made motion to forward a positive recommendation to the Municipal Council with the following conditions: 1. Hours of operation: 9:00 AM – 9:00 PM – Closed Sundays 2. A police detail shall be provided for safe traffic flow for the first 4 months unless determined to be unnecessary by the Police Chief. 3. Re-construct the sidewalk in front of the property frontage and the abutting City-owned property (property I.D. 89-39) to AAB/ADA Standards. Seconded by Dennis. Vote: 3 members in favor, 3 members opposed. Motion does not carry. The Planning Board voted (3 members in favor, 3 member opposed, 1 member excused) to forward positive recommendation on the proposed Retail Marijuana Establishment in the Highway Business District. The motion did not pass. The reason for the tie vote was that several members had concerns with the unpermitted activity that has been going on (equipment being stored and possible digging) at the site. The site had previously received Site Plan Review approval for a 12,635 square foot retail use (Hardware Store with outside storage racks in the rear.) The Board voted to refer this the Zoning Enforcement Office for enforcement. The Board asks that if the Council grants the Special Permit you consider incorporating the following conditions: 4. Hours of operation: 9:00 AM – 9:00 PM – Closed Sundays 5. A police detail shall be provided for safe traffic flow for the first 4 months unless determined to be unnecessary by the Police Chief. 6. Re-construct the sidewalk in front of the property frontage and the abutting City-owned property (property I.D. 89-39) to AAB/ADA Standards. 7 Meeting adjourned at 9:00 PM . 8