Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: February 6, 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: Reardon, Abreau, Lopes, Ackerman, Spencer and Campbell present. Meeting opens at 5:32 PM. Cont’d 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 Chairman Campbell stated since the updated plans just came in on Monday he recommends continuance until next month. Arthur made motion to continue to next month, second by Manny. Dennis opposed. 6-1 motion passed. Public Hearing – 228 Plain St. – for the Renewal of an Accessory Dwelling Unit – submitted by Donna Silva. Hearing opens at 5:32 PM. Roll call: Reardon, Abreau, Lopes, Ackerman, Spencer and Campbell. Clerk Spencer read public hearing notice along with dept. comments from the City Engineer, City Planner, TMLP, Sewer, Historic District, Water and Conservation Commission. David Silva stated they have loved their 5 years and need to renew the accessory dwelling special permit. His son, wife and grandchildren live in main house and he and his wife live in the accessory. There are no changes except his wife’s health has declined. Public input: No on appearing in favor or in opposition. Manny made motion to grant the Special Permit with the dept. comments: Condition #1) Any future water service connection and or well abandonment/replacement would require a City licensed Contractor to perform the work with Road Opening Permit or Trench Permits. Condition #1) All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. All in favor. Hearing closed at 5:40 PM Public Meeting – Site Plan Review – 260 West Water St. – for the renovation of an existing building into a restaurant with the parking lot re-striped, a new 4 foot high chain link fence and a wooden guard rail to be installed in front of the parking stall , submitted by Cheryl Latour, owned by Aurelio P. Sousa. Clerk Spencer read dept. comments from the DIRB, ZBA , Engineer, TMLP, Veolia Water which were placed on file. John DeSousa, SeaCoast Consulting LLC was invited into the enclosure. The proposal is to 1 renovation the former Bristol Pub into a family style restaurant. They went to ZBA for waiver of parking and DIRB. They have 19 parking spaces and more along the city owned park. John stated the City Engineer asked if there was a full ground survey and John answers it was a partial. They will be cleaning up the site by stripping parking spaces, erecting chain link fence around dumpster area. They are scheduled to go before the Conservation Commission on Monday. They have done extensive clean up of the inside and they have had some issue with the plumbing. They are working with the B.O.H. relative to the grease traps. Manny asked why type of restaurant are they proposing, and John answered restaurant with a bar (full liquor license) Dennis stated they have 99 seats inside and 31 seat outside and the ZBA granted waiver for parking. Arthur asked if they would be parking along the roadway too. It was answered yes there is street parking available. Tony asked about any curb buts and it was noted there is one huge curb cut. John asked about snow removal? They will place snow to the left the building far away from the river. Chairman Campbell asked about the wheelchair ramp and if the building was floor level? John said they will need to build small concrete 4 inch ramp. Chairman Campbell asked they vertical gaps in the fence for flood ways. John answered the fence if 3 ½ inches off ground. The elevations are not from a ground survey, they used FeMA Flood maps on NGB-88. They hydrant was tagged as well. They know they need to do on-ground survey for the building permit. Manny asked about the 99 seats inside and there is only 19 parking spaces? They should have 66 parking spaces. Dennis spoke up and said there is about 40 more spaces heading down the road. Pubic input, No one appearing in favor or in opposition. Dennis made motion to approve the Site Plan Review with the dept. comments: Condition #1) That the plans dated December 20, 2019 shall govern with the following additional conditions: Condition #2) Lighting shall not illuminate any portion of abutting properties. Condition #3) The site shall be kept clean and clear of debris. Condition #4) Two sets of As-Builts shall be submitted upon occupancy for all work on site and shall include design engineer and land surveyor certification notes stating the development has been built according to the approved plans. Plans will show all construction of buildings, utilities, grades, setbacks, etc. Condition #5) Two sets of updates 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) Compliance with ZBA Case # 3526 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 time 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) A great trap is required for a food service establishment and must be shown on the plan. Condition #12) The sanitary sewer service must have a sewer cleanout and backwater valve protection. Condition #13) The Sanitary Sewer service shall have a CCTV inspection to the City main to determine condition of the service. Condition #14) Foot establishment permit is required from the Board of Health. Condition #15) A hazardous materials permit from the Board of Health is required. Condition #16) Show the 9.0 elevation correctly and determine the base flood elevation for the building permit. Condition #17) Show the free-standing sign on the plan. Condition #18) Compliance with the Conservation Commission approval. Condition #19) Any future changes to the existing water service would require a City Licensed Contractor to perform the work with Road Opening and or Trench Permits. 2 Public Meeting - Site Plan Review – 370 Bay St. - to allow the construction of parking lot, addition of a mobile trailer to be used a classrooms and the parking of a food truck, submitted by Thomas Iddings. Clerk Spencer read dept. comments from the DIRB, Water Dept., Veolia Water, City Engineer, and TMLP. And letter from TACT, Laurel Hughes, and Mohamed Gomes. All letters were made part of the record. Aaron Wikula, Paster Debra Iddings, and Atty. David Scott were invited into the enclosure. They submitted plans to they have met with the DIRB. They are proposing to add a parking area, put food truck on the premises from Sunday – Thursday, 11 -8, Friday & Saturday 10 – 10 pm. They spoke to the City Engineer and have submitted revised plans. The letter from TACT was discussed at the Council when they went their for their waiver of filing fees. Aaron stated he met with a member of the Board and established an understanding and addressed all their concerns. Aaron addressed the letter from Laurel Hughes with pictures and stated the old school bus is not the Food truck. They have tools in the old school bus. Mrs. Hughes was concerned with the mobile trailer not being safe because it’s on blocks. Mohamed Gomes had some concerns about an entrance of King Street. Aaron stated there was an error on the drainage plans showing an entrance. That has been corrected on the plan dated an. 30th.. Aaron said in speaking with Board members they have decided to remove the mobile trailer by the end of July. Aaron had an issue with one condition in the DIRB report that they place a fence along the property line. He had met with Dr. Croteau, no capacity as a City Councilor. They came to a solution and he proposed putting fence back to their dumpster. Aaron stated they wanted to keep the property open so if Tact wants to use their property and they can and they can use theirs too. He stated he wants to be neighborly. Dennis stated his biggest concern is safety and he would suggest putting fencing to dumper and then plantings no taller than 2 feet in height. John asked if the mobile trailer is being removed, what about the handicapped ramp? Aaron said there is a new one going on the other side. It was asked if the food truck would be there over night? Pastor Debra answers the food truck goes home every night. The secretary informed her if the food truck is being kept in a residential area that would be a zoning violation. Arthur asked if the food truck was self-contained and it was answered yes. Manny stated they bought the church, now they want to do modifications to the property and proposing to remove the mobile trailer. The property has been unkept and he states they need to be good friends with neighbors. Manny stated there have been a lot of improvements to Whittenton and a food truck is not conducive to the area. He stated you only have one point of access , handicapped ramp and fencing gives off the vibes “stay away’. Aaron stated the one point of access is per the Engineer. They can’t have an access off King Street. Aaron stated there was a lot of miscommunications between the seller’s agent. The owner used to own church, told by their agent that we could use the driveway. The confusion has been made clear now after meeting with Dr. Croteau. He stated the new plans showing them not using their driveway. Aaron stated they are trying to be neighborly. They put a sewer line in and had to put a restroom in the soup kitchen. The property was a mess because they had to do some perk tests. He stated as part of the Form A plan it showing the handicapped ramp being removed. That condition was brought to their intention at the closing. They never removed it they put railings on it. They are aware ADA ramps are exempted from zoning. Aaron stated they have no written easement to use TACTS’s driveway. Manny asked why a food truck? Aaron said they offer bible study and they want to offer food. There will be no alcohol served. Dennis stated about 6 months ago Broken Chains made some improvements which including plumbing, major improvements to both properties. He initially didn’t like the idea of fencing but now he thinks a partial fence and shrubs would be benefit. You can have a legal easement drawn up allowing each other to use 3 each other’s land then there is perimeters and no confusion. Aaron stated the mobile trailer was donated to the church and they only had a week to get it to their property. But because it’s too much to legalize it they want to remove it. Aaron pointed out the construction equipment on the property is being stored as far away to be least seen from anyone. Chairman Campbell asked about the driveway entrance and curbing? His preference would be delete the curbing shown alongside the Bay Street Driveway and replace them with painted islands. He also pointed out there are not trees on the plans along King Street. It was noted they took the big evergreen on the corner down and will be adding landscaping. Chairman Campbell recommends No Food Truck until all improvements/conditions are completed. Public Input: In favor: Cheryl Simpson, 14 King St. spoke in favor. She is a member of the church and there no problems on King Street. Rich Himelrick, 12 Matteson Lane is in favor. He stated they fixed the house for a sober house. He stated they did good things for the neighborhood, he did work for them and pulled permits for them. Richard Shafer, Shafer Development said he was very pleased with the improvements and he thinks it’s a bit of history being preserved. He did think it will be good to have a landscaping plan be implemented. Nancy Sousa, Bay St. volunteers at the Thrift Store and this church is a good influence. She lost her husband to drugs and the church offers hope to people in need. They are honorary people who can be trusted. Opposed: Mohamed Gomes, King St. asked about the activities at the church? Pastor Deb answers Sunday they mass, Monday open prayer, Thursday band practice , Friday regular service and Saturday other studies. He had some concerns of vehicles being parked in the lot on corner of King & Bay Street. TACT Cindy Bernard, is in favor of the church but unfortunately Dr. Croteau spoke to them without their consent and they don’t know what was talked about. Tammy Branco, 236 School St., stated TACT has been there 5 years. Broken Chains Church need to do it the correct way. She thinks the food truck is for profit. Aaron stated the issue is communication. They talked about the full fence along the property line cutting off the property completely. They sought out the food truck and they will make a donation to the church. Tammy Mallors – property committee and their main goal was to find another location and this property came up. They weren’t made aware of the Form A. until at the closing. John asked how many days will the food truck be there? It was answered 6 days a week. John was in favor of the DIRB condition relative to the fencing. Dennis stated the DIRB condition for the fence to be the entire length will give a negative note. He‘s in favor of partial fence with small plantings and he thinks the Food truck is a good idea. He thinks competition is good and it might being additional people to the church. Motion made and seconded to grant (4 members in favor, 2 members opposed, 1 member absent) with the following conditions: Condition #1) That the plans dated December 2, 2019 and revised January 21, 2020, and January 30, 2020 shall govern with the following additional conditions: Condition #2) Lighting shall not illuminate any portion of abutting properties Condition #3) The site shall be kept clean and clear of debris Condition #4) Two sets of as-builts shall be submitted upon occupancy for all work on site and shall include design engineer and land surveyor certification notes stating the development has been built according to the approved plans. Plans will show all construction of buildings, utilities, grades, setbacks etc. 4 Condition #5) two sets of updated plans shall be provided that conforms to this decision prior to building permit or construction. Condition #6) A 6 foot stockade or vinyl fence with a S curve drop (for better visibility) shall be installed along the northerly sideline from a point 5 feet from the front property line at Bay Street for a distance of 35 feet running to the dumpster fence area with shrubs no higher than 2 feet in height along the remainder of the northerly sideline. Condition #7) The dumpsters shall be located as shown on the plan, on a concrete pad, enclosed with a 6 foot stockade fence, shall be kept closed at all times and emptied regularly. Condition #8) Parking spaces shall be striped. Condition #9) Replace the ADA signs on the abutting property that were removed. Condition #10) Van accessible space requires an 8 foot access aisle. Condition #11) Show the ADA ramp on 7 King Street structure. Condition #12) No surface flow drainage onto King Street or abutting property. Condition #13) A mobile food plan review is required for the food truck. Condition #14) Mobile home shall be removed and all notes regarding the mobile home on the plan shall be removed. Condition #15) Mobile Home to be removed from the property no later than the end of July 2020 and is not to be occupied for any reason except for preparation for the removal until that time; and to be maintained in a safe manner until removed. Condition #16) Any and all unregistered vehicles on the property to be properly registered or removed from the property within 30 days. Condition #17) Add the letter G to the word EXISTIN as shown on the access ramp to 7 King Street. Condition #18) Modify the note “BLOCK RETAINING WALL ALONG PROPOSED WALKWAY AS NEEDED NOT TO EXCEED 48” TALL” to read “BLOCK OR STONE RETAINING WALL ALONG PROPOSED WALKWAY AS NEEDED NOT TO EXCEED 48” TALL” Condition #19) Acceptance of the Drainage Study is subject to the City of Taunton Engineering Department approval. Condition #20) A street opening permit shall be obtained if required for any changes to the existing driveway(s). Condition #21) The existing handicap ramp on the northern side of the property is to be removed in accordance with the Form A plan dated June 18th, 2018 and recorded at the Bristol North Registry of Deeds on July 12th, 2018 in plan book # 515 on page #53 once the new handicap ramp is installed and inspected. Condition #22) No curbing shall be constructed through the sidewalks, as shown on the plan. Condition #23) No Food Truck until all conditions of this decision are completed. Condition #24) Submit a Landscaping Plan to the Planning Board for approval. Condition # 25) Delete the curbing shown alongside the Bay Street Driveway and replace them with painted islands. Public Meeting – Site Plan Review – 138 N. Walker St. - for the construction of 5 buildings with a total of 23 residential units along with 5 units of office/retail (3,000 sq. ft. of office/retail) submitted by Aspen Prop. Group, LLC. Clerk Spencer reads the dept. comments from the DIRB, Veolia Water, TMLP, Planning Board Special Permit which were placed on file. Chris Moniz, Aspen Properties and Jeff Tallman, Sitec Engineering were invited into the enclosure. This property is located in the Westville part of the City and will have 23 5 residential units with some office spaces. Chris stated this is one of the larger development they are doing and the City also wants to work hand in hand with developers to bring revenue into the City. This will bring in $350,000 in permitting fees and about 2 million in taxes. They met with the DIRB and they meet all the requirements. Jeff handed out the design of the site showing a separate driveway and exit/entrance. The lights at the intersection helps. There will be no lights impacting neighbors. They have cut the pavement back and relocated the dumpster pad to the front for easy access (they now have room for 2 dumpsters) They eliminated the turnaround and placed a hammerhead turn between buildings 2 & 3. The property is within the Riverfront Area and Division of Fisheries & Wildlife. The location of the warehouse is the high point and the last two building will have walkout basements. There will be catch basins on the north side and an inlet stormsector in front per the conservation commission. They were planning on bringing the sewer up North Walker Street to avoid new pavement and provide abutters with sewer stub. However; there is a 5 year moratorium on N. Walker Street so they will try to bring in from a strip of land from Winthrop Street. Manny asked by bringing the sewer up from Winthrop Street does North Walker abutters get a stub? Manny recognizes it would be less impact for the developer/contractor but he would like to see sewer on North Walker Street. Chairman Campbell stated the proposal iss for an 8 inch pipe instead of the 12 inch pipe. Dennis agrees with Manny that they should provide sewer stubs. Tony stated they has big discussion about this and if they own the property then it’s a different story. Chairman Campbell stated the Special Permit approval would need amending. There was discussion about bringing the sewer from North Walker or Winthrop Street. Chris stated it would be a significant delay if they have to go through the DOT. Chairman Campbell stated the intention was to bring the 12 inch pipe from North Walker Street. Jeff stated there are issues with the sewer extension permit. Tony reminded them the City doesn’t allow spaghetti lines and if they own the property they can run an 8 inch line on their property. Manny stated the developer has done a lot of work and has a good reputation but sewer is an important factor to him so the residents can benefit from it. It was asked about the sewer extension fees and Dennis suggests maybe continuing to allow them to get some information. In favor: Dick Shafer, Shafer Development Services spoke in favor, he stated the lack of sewer prevents development. He is in favor of extending sewer to the project. Tony made motion to close public input, seconded by Arthur. Dennis made motion to continue until next month, seconded by Arthur. All in favor. Motion made and seconded by revert out of the regular of business. Special Permit – 74 Winthrop St. – for a 7 unit homeless shelter, group home- submitted by Kathy Spear. Need to forward a recommendation to the Municipal Council. Daniel Mumbauer, and Kathy Spear were invited into the enclosure. Clerk Spencer read the dept. comments from Sewer, B.O.H., Water, Conservation Commission, Veolia Water, TMLP, and Fire Dept. which were placed on file. The petitioner has owned the property for 10 years and it has 4 kitchens. They need to make it a legal 7 family dwelling. The building is a historic building and they will maintain as such. There will be no external renovations with the exception of the addition of a playground area. They have single moms living there so they want to expand the play area. They have been a good neighbor and they receive a lot of support from organizations like the United Way. Most of their residents to do not have vehicles. They put a fire system in the building and modified the windows and safety precautions. Ms. Spear said the City is great work with. Public input, No on appearing in favor or in opposition. Dennis made motion to forward a positive recommendation Dennis made motion (6 members in favor, 1 member absent) to forward POSITIVE recommendation on the 7 Unit homeless shelter/group home. The Board acknowledges the applicant has been a good neighbor, takes excellent care of the property, has not received any complaints and provides an invaluable service to the community. Seconded by Arthur. All in favor. 6 Special Permit – 295 Broadway – for a Marijuana Retailer in a 3,680 sq. ft. building in a Highway Business District, submitted but GTE Taunton LLC – Need to send a recommendation to the Municipal Council. Tony excused at 8:42 PM Clerk Spencer read dept. letters from the City Engineer, DPW Water, TMLP, Conservation Commission, B.O.H and Veolia Water which were made part of the record. Atty. Patrick Sullivan Chirad Patel, and Stephanie Hobin, P.E. were invited into the enclosure. They are proposing to carve out a 21,000 sq. ft. parcel to be used to be used for a recreational marijuana business. There will be a easement using both entrances. This use will require a SPR and they have met with the City Planner already. Lot 1 will be conforming lot. Chirad Patel, Manager said they have 30 parking spaces. They will have 4-6 check out stations which the customers will be there about 5 – 15 minutes. They will have a soft launch by appointment only. They comply with the 500 feet form a school. When they first reviewed the city the other marijuana places are on the outskirts of the city. Stephanie Hobin, Strong Point Engineering explained the site, currently there is a tattoo shop and car lot on the property. They have access easement and they will be asking for a landscaping buffer variance. The taxi cab business is leaving but the garage workshop is staying. Arthur asked if it was for recreational or medical marijuana and they answered recreational. He asked what are the hours of operation? It was answered 8 AM – 8 PM 7 daily. John asked if they own any other establishments in the City and he answered no. But they have 2 other in Frankin (permitted in Oct. 2019) and Brockton. Mr. Patel has retail experience from owning liquor stores. John asked if they conducted a preliminary traffic study and they answers no they didn’t do it until it’s recommended. John stated this is a very heavy traffic area and hopes there would be a guard on site? Manny pointed out the blindspot along this stretch of roadway. It was asked if Al Tucan has a P&S and it was answered yes. Mr. Patel said now there is a tattoo parlor, auto sales and cab company. It was stated there was some kind of repair going on there. Mr. Patel stated the Marijuana business will be the only business in front. Dennis pointed out there is a dangerous turn in the road and the added traffic will create a traffic hazard. Atty. Sullivan pointed out another type of business could go in there as a matter of right and the Board would not have any control. Now they do and can place conditions. Dennis stated he would not approve any special permit there because of the serious traffic situation. Public Input: In favor, Al Tucan, JR. representing his father is in favor. No one else appearing in favor or in opposition. Public input closed. The Board voted (5 members in favor, 1 member excused, 1 member absent) to forward a NEGATIVE recommendation on the proposed Special Permit for a Retail Marijuana Establishment in the Highway Business District. The Board asks that if the Council opts to grant the Special Permit that you consider incorporating 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. Provide documentation of the available and required intersection site distance for both driveways. All in favor. Meeting adjourned at 9:12 PM 7