Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: March 5, 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, Carr, Abreau, Lopes, Ackerman, and Campbell present. Meeting opens at 5:32 PM. Motion made and seconded to go into Executive Session pending litigation. Motion made to come out of Executive Session. Berkley Street – Partial Discontinuance – Walker School Sale – letter from City Solicitor – Need to forward a recommendation to the Municipal Council. Atty. Matthew Costa, First Assistant City Solicitor was invited into the enclosure. He stated this is the old layout of Berkley Street that was never discontinued when the new layout went it. They are in the process of selling the property for development and they need to discontinue a small portion that is on the old Walker Street property. This portion of abandoned but not official discontinued. This was discovered when preparing to sell the property. Brian asked if this was holding up the closing and Atty. Costa answered no but they do need to take care of it. Arthur asked if it’s on the school property and it was answered yes but they don’t need it. It was the old layout and since they re-located the layout they MUST discontinue this. Dennis made motion to forward a positive recommendation to discontinue a portion of Berkley Street, seconded by Arthur. All in favor. 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 Tony read new dept. comments from the DPW Water, TMLP, Engineer, and letter from SeaCoast Consulting addressing dept. comments. Dennis asked if they checked to see if they would need to do any blasting? John answered they performed observation holes and they found large to medium stones which they can excavate with a hammer. They are not proposing any blasting at this time. Brian asked about the perc testes? John answered they went through observation holes and they had a 6 -8 minute perc. The gravel is bon not nice easy sand but it’s suitable. Chairman Campbell asked about the perk tests and the perk chambers being located in front. John answers it broke through at 3-4 feet and they found granular sand and about 12-13 feet deep they found sandy material. On the back side they have hinkley soil at the basin. Chairman Campbell stated they would need to move the perc structure out of the roadway layout. John 1 stated they are going through the process of speaking with neighbors for easement to lower the land. They will resolve it before approval. It was noted when they form A the lots along Fisher Street they create a hump. Chairman Campbell stated the plans do not show the survey work on Fisher Street. Chairman Campbell pointed out the retaining walls need to be on the plans and if higher than 4 feet they will need to be designed by a Design Engineer. John is aware of that and they will show them and he will also show fence on top of walls. Public Input: letter from Patricia Wilber, 102 N. Walker Street was read into the record. Tony asked about the water and sewer and John answers it will be coming from Fisher Street and hook up to North Walker Street and this will alleviate some of the burden. Chairman Campbell stated he’s hesitate to entertain any approval because there are still unresolved things, like the walls, drainage structures. John stated the plans are pretty much updated. Chairman Campbell stated the easement, re-location of walls and site distance at the intersection is all contingent on securing agreement from neighbor. John stated the sewer extension permit will show the approval from the Municipal Council. Motion made and seconded to grant the Definitive Cluster Subdivision “ Bella Estates” with the following waiver and conditions: WAIVERS: 1. Waiver of the pavement width from 30 feet wide to 26 feet wide. 2. Waiver of sidewalks on both sided and allow a 6 foot sidewalk on one side. 3. A reduction of the 100 foot wide buffer to 50 feet along the northern line and 94 feet in the southwest area as shown on the plans. 4. A reduction of the 100 foot wide buffer to 94 feet in the area shown on the plans. 5. To allow the substitution of street trees from Sugar Maples to Eastern Red Cedar along Kylees’s Way. 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 $12,000 and shall be replenished back to a $7,000 balance anytime it dips below $1,500. 2. The homeowner’s association shall maintain the drainage system and open space. The homeowner’s association documents shall be reviewed and approved by the City and subsequently recorded prior to the release of any lots. 3. The open space shall be placed under a Conservation Restriction in perpetuity prior to the release of the first lot. This restriction must be approved by the City. 4. 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. A sewer extension permit must be obtained. 5. Any construction within the 100 foot buffer zone to the Bordering Vegetated Wetland (BVW) will require a filing with the Conservation Commission. 2 6. A current fire flow test will be required on the nearest hydrant prior to final Water approval on the size of the main proposed which must be at least 8”. 7. DPW permits will be required including City Licensed Contractor, Road Opening, and Trench. 8. DPW Water Specifications will apply including materials, testing, and scheduled inspections prior to back filling. 9. The proposed 8” connection into the existing water main in Fisher Street will require either a 3 gate valve intersection or a tapping sleeve and gate valve with 2 associated insertion valves, as per DPW Water Specifications. 10. The size of the existing water main on in Fisher Street will have to be confirmed prior to final approval as DPW Water does not allow the extension of mains smaller than 8”. The applicant may have to replace the existing main prior to the construction of the Kylees Way main. 11. If blasting is required the developer must come back to the Planning Board to modify this approval. 12. Provide details of the proposed retaining walls, which will be required to be stamped by a structural engineer. They must be shown correctly on the plans (Face of the wall at the layout line, portions behind the face out of the layout on a private lot.) If regrading on adjacent privately owned parcels is to be substituted for the walls the signed easements or agreements to do so must be in place and recorded prior to endorsement of the subdivision plans. Should the applicant not be able to secure the easements and or agreements then the applicant must come back to the planning board to modify this approval. 13. Show the correct grading of the Kylees Way / Fisher Street intersection on the plan to prove that no additional runoff will enter the yards across Fisher Street and include clearing and grading necessary to meet AASHTO intersection sight distances for the 30 MPH speed on Fisher Street. If regrading on adjacent privately owned parcels is necessary to complete the grading the signed easements or agreements to do so must be in place and recorded prior to endorsement of the subdivision plans. Should the applicant not be able to secure the easements and or agreements then the applicant must come back to the planning board to modify this approval. 14. Move the drainage infiltration structures near Fisher Street out of the subdivision street layout and onto the adjacent private property(ies.) The signed easements or agreements to do so must be in place and recorded prior to endorsement of the subdivision plans. Should the applicant not be able to secure the easements and or agreements then the applicant must come back to the planning board to modify this approval. 15. Move the walkway out of the street layout design. 16. The total number of lots in this subdivision is 9. All in favor. Public hearing closed at 6:34 PM 3 Cont’d. 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. Jeff Tallman, P.E., Sitec Engineers and Chris Moniz, Aspen Properties were invited into the enclosure. Chris stated the biggest concern the Board has was the sewer. They have filed a Form A plan to purchase a 10 foot strip of land from 397 Winthrop Street and will run sewer from Winthrop Street. Chris stated the special permit approval condition #7 in regards to the 12inch sewer line is a suggestion not a condition. So they will pursue a private sewer connection via the 10 foot strip of land they will own taken from 397 Winthrop Street. The ZBA will need to approve a variance for 397 Winthrop Street because they are taking away the 10 foot landscaping buffer for the existing car lot but Chris says they will be granting an easement for their landscaping buffer. So they will bring sewer in and then replant the landscaping. The existing 5 family dwelling will also tie into sewer. Brian stated he would like to see all the legal documents regarding the land swap. Chairman Campbell stated the plans should show how the existing 5 family will be tying into sewer. Chris stated the issue of the headlights affecting the neighbors across the street they have separated the entrance/exit. It was asked if they heard from Mass DOT and it was answered no. Motion made and seconded to grant the Site Plan Review with the following conditions: Condition #1) That the plans dated January 13, 2020 and revised through March 2, 2020 hall 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 set of as-builts shall be submitted upon occupancy for all work on site and shall include design engineer and land surveyor certification notes stating that 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 any building permits being issued. Condition #6) Compliance with the special permit issued by the Planning Board on November 13, 2019 is required. Condition #7) 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 #8) Show the freestanding sign on the plan. Condition #9) Add a detail for the sewer manholes. Condition #10) Operation and maintenance manuals need to be provided for the stormceptors and the drainage basin. Condition #11) Show a driveway detail on the plans. Condition #12) Concrete edging shall be used for the edge of pavement Condition #13) Compliance with the Notice of Intent from Conservation Commission is required. Condition #14) At the entrance, maintain the gutter line, add a drop inlet south of the driveway on the North Walker Street drainage, pull the drain manhole onto the lot and move the island onto the site Condition #15) The site must be serviced by municipal sewer as shown on revised plans dated January 13, 2020 revised through March 2, 2020. Condition #16) Provide recorded copy of deed & recorded Form A Plan showing the transfer of ownership of the 10 foot strip being purchased for sewer extension and also the agreement to construct the required adjacent landscaping prior to any building permits being issued. Condition #17) The detail and easement for the connection of the existing 5 apartment building at 138 North Walker Street through the site to the municipal sewer must be shown on the plans and a copy of the recorded easement be placed on file prior to any building permits being issued. 4 Public Hearing – 161 Jeffrey Lane - A Special Permit from Section 440-710 of the Zoning Ordinance for a 760 square foot Accessory Dwelling Unit . Hearing opens at 6:47 PM Roll call: Carr, Reardon, Lopes, Ackerman, Abreau, Campbell. Tony read the public hearing notice, dept. comments from the Historic District, B.O.H, Water Dept., TMLP and Engineer which were place on file. Rob Costa, RMC construction was invited into the enclosure with Eugene Diniz. They are proposing to construct an accessory dwelling unit for their parents to reside. They will deal with the Board of health relative the septic systems. The new accessory dwelling will be serviced by the system in the back. Public input: No one in favor or opposed. Close public input. It was noted the existing shed on the property is outside the property lines? Dennis made motion to grant the Special Permit for the 760 sq. ft. accessory dwelling unit. Seconded by Tony to include dept. comments. Condition #1) Any water service upgrades required for the proposal shall require a DPW Permits including: City Licensed Contractor, Road Opening Permit and or Trench Permits. Condition #2) The proposed addition cannot be built on the water service, and the service will have to be moved if it conflicts with the proposal. Condition #3) A radio read meter, by DPW, shall be required on the existing domestic service. Condition #4) The current property is serviced by two on-site septic systems. The two systems combined, have the ability to handle 660 gallons per day, which would allow for the use as a 6 bedroom dwelling. The dwelling must not exceed 6 bedrooms. If the accessory dwelling unit addition is allowed the septic system in which it is connected must be able to handle the daily flow of the bedroom it services. For instance, all 6 bedrooms cannot be serviced by the same septic system. Condition #5) The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. All in favor. Hearing closed at 6:55 PM Public Hearing – 876 Middleboro Ave. – A Special Permit from Section 440-710 of the Zoning Ordinance for a 841 sq. ft. Accessory Dwelling Unit. Hearing opens at 6:56 PM . Roll call: Carr, Reardon, Lopes, Abreau, Ackerman, Campbell present. Tony read dept. comments from City Planner, Conservation Commission, Water Dept., TMLP, Velia Water, Fire Dept. and City Engineer which were placed on file. Chairman Campbell asked where the access is and it was answered through the dining room. There are 2 parking spaces in front of garage and 2 out by barn. It was asked if they have one means of egress and it was answered yes. Open public input: no one in favor or in opposition. Close public input. Motion made and seconded to grant the Special Permit with the dept. comments (note: all departments had no issues) hearing closed at 7:00 PM Public Hearing – 20 Basset St. & prop. I.D. 30-71-0 - A Special Permit from Section 440-1101 of the Zoning Ordinance for a age qualified (55+) residential 110 lot Mobile Home Park entitled “Titicut Estates”, submitted by Matthew Falconeiri. Roll call: Carr, Reardon, Lopes, Ackerman, Abreau, Campbell present. Public hearing opens at 7:00 PM. Tony read public hearing notice and dept. comments from City Engineer, Fire Dept., City Planner, Conservation Commission, TMLP, B.O.H., Historic District Commission, Safety Office, and Water Dept. which were placed on file. Bob Rego, Civil Engineer, Riverhawk Engineering and Matt Falconeiri and Jeff Dirk, Traffic Enginer, Vanasse & Associates, Inc. Mr. Rego stated the site consists of 51.5 acres and is 5 located on the south side of Basset Street which currently has a single family dwelling located on it. They went before the Conservation Commission on Mya 10th to delineate the wetlands. They are proposing a 110 unit age restriction mobile/manufactured home park. They are proposing a single entrance with a 2nd emergency access. The access will be 24 feet wide with car and pedestrian access with some potential parking along road for residents. The 40 foot zoning buffer extends around the perimeter and there will be public sewer. There will be a low pressure system with partial discharge to Partridge Circle. The water line will loop around and tie into two locations on Basset Street. There will be access into Bay Street if required. Bob stated this is a low density development with 2.3 units per acre. Each unit will have 2 car garage with parallel parking. Jeff Derk, Traffic Engineer stated they conducted a full transportation report assessment which currently shows it failing today. The project will generate approximately 470 vehicle trips on an average weekday and 300 vehicle trips on a Saturday with 44 vehicle trips expected the weekday morning peak-hour, 52 vehicle trips expected during the weekday evening peak hour and 25 vehicle trips expected during Saturday midday peak hour. There has been 6 crashes within the ½ mile section of Bay Street. The project will not generate a lot of traffic due to the age restriction. They are aware there is a delay there now. The crashers at Bay Street within the last 5 years is 10. There is approximately 3,800 trips accessing the site and the speed if not posted is 30 MPH. The site distance exceeds 350 feet which is more than adequate. The Bay Street Bassett Street is over capacity and meets the criteria for a traffic signal. They conducted a preliminary analysis and collected data and they are committed to contribute their fair share it its warrants from our project. Dennis asked about the size of the club house which is 40 x 50 which he thought was small for the park. They stated there will be a park manager inside and they will have large open area with restroom and basic kitchenette. Dennis asked if there would be any activities conducted inside the clubhouse? He also thought the developer should pay for the traffic signal since they are bringing more problems to the area. Tony stated he’s not in favor of the one egress and he would like it re-designed to egress out on Bay Street. Bob Rego stated the entrance is safe for the elderly residents. If the Board wants the entrance off Bay Street that would require a wetlands crossing. Chairman Campbell asked if they had the availability of a right of way for auxiliary lanes, maybe a round about? Arthur pointed out that Bay Street is heavily traveled. Brian lives in the area and he agrees the traffic is an issue. He stated maybe a traffic light won’t fix everything but it might help it. They will connect the sewer through Partridge Circle and Fremont Street. They had to conduct flow test as directed by the Sewer Dept. and if any upgrades are required they will have to pay for it. The individual mobile units are taxed an excise tax which his lower than a house tax. It was brought up there is a deed restriction for vehicular traffic through Partridge Circle and Paul Drive. It they make a connection to Partridge Circle they will need to upgrade the system. Bob Rego stated there is neighborhood concern with the wetlands. He will take a look at second entrance and traffic light. Arthur asked about the sewer line? They conducted some flow testing in Fremont Street and there is capacity. The pump station is 32 years old and it can be upgraded with new duplex pumps. The existing pump station is maintained by Veolia . Tony stated it would need a full upgrade of the pump station. Brian wanted to know what their fair share is toward the traffic lights? Bob Rego stated they would need to determine by what percentage is their impact and start from there. Chairman Campbell stated when Forekicks was built there was mitigation for the design of the haul road (but it was never built) maybe they could look at that again? He stated it’s an approved subdivision road and the City was going to have Aggregate Industries, Perkins/Gordon Food use the limited road until the subdivision was approved. Chairman Campbell asked 6 about street numberings, and if school buses would be entering, no trash, no mailboxes? Bob Rego stated it would be one big ownership, one area of exclusive use. He stated he would need to increase the size of the drainage pipe to conform to specs. He stated the landscaping buffer is 40 feet around most of the site and they will provide more details on that. The site is relatively balances with initially no trees then trees every 50 feet and some in rear. There is no common field area. Brian asked if they went to Conservation Commission and Bob Rego stated they are schedule to go on March 16th. It was noted the Conservation Commission issued an ORAD . Public Input: Atty. Paul Prew representing Robert Neilan, 2-4 Basset Street. He asked out of the 51 acres how much is upland and when they based their 6 units per acre di they subtract the roadway? He pointed out the vehicle trips of 3,800 per day and 1,000 on weekend with a net increase of 470 vehicles which should be added to the existing 3,800 vehicle trips. Jeff Derk, Traffic Engineer stated daily trips are 3845 and Saturday is 4,970 and projected increase is 470 trips over a weekday and Saturday 300 vehicle trips. They looked at all the traffic on Bay Street each peak hours prior and after to get the percentage increase. Atty. Prew stated the Board needs to determine if the Special Permit for the mobile home park is in keeping with the neighborhood. He read off the Special Permit criteria and asked how that is being met? Dennis stated it’s up to this elected Board to determine if the Special Permit criteria is met and if anyone disagrees they have a right to challenge our decision in court. Bob Rego answers Atty. Prew question of how it’s is in keeping with the neighborhood? Bob Rego states is a residential development being proposed in a residential neighborhood. There was some disagreement between Atty. Prew and Dennis on what and how the Board needs to looks at things. Chairman Campbell directed public input to state their issues and the Board will ask the applicant for answers. It was stated 1//3 of the site is within the wetlands. Greg Koteck, 67 Partridge Circle, stated he walked behind Paula Drive and saw yellow tags. Bob Rego stated some land that people think are wetlands are actually not. They have to qualify and meet the standard and some did not. Ray Bolduc, 8 Quail Drive had concerns with the adequacy of the sewer pipe. He also asked about mobile home vs. modular home and he thinks an entrance on Bay Street will cause a cut through. Public input closed. The 6” pipe on Basset Street needs to be looked at because there is a 8” from Fremont Street to Industrial Park then there is a 12” pipe. Bob Rego stated if they change the entrance to Bay Street they will need to change all their plans with Conservation Commission. Brian said Basset Street moving the entrance to Bay Street might eliminate the need for a traffic light. Dennis stated there are a lot of questions unanswered and he recommend a continuance. He wants to see more parking for the clubhouse. It was asked how much time would they need to change plans. Bob Rego stated they would request to continue to May meeting. Dennis made motion to continue to May 7th meeting and the will re-open public input, seconded by Tony. It was suggested to reach out to Greg Koteck. Hearing closed at 8:27 PM Public Meeting – Site Plan Review – 417 Winthrop St. – for the construction of a 40’ x 28’ two-story office building to replace the existing building in the Highway Business District, submitted by Bruce Thomas. Tony read dept. comments from the DPW, Water, Engineer, Veolia Water, TMLP and Historic District commission which were made part of the record. Brad Fitzgerald, P.E., SFG Associates, and Bruce Thomas was invited into the enclosure. The site is the old flower shop and they are proposing to take down and put 7 a 40 x 28 office building up. This will be an office for Mr. Thomas and there will be an office his personal use on the 2nd floor. This has been an old dumping site and this proposal will clean up the site and have some presence there. They received ZBA approval for the waiver of parking spaces and setbacks. They did however move the building over a few feet after meeting with the TMLP. John asked what about snow? They answers they will pile it up beyond space #3 . It was noted there is an old pumping station in the rear of the property and Mr. Thomas owns the property but there is an easement to that station. They will be going to the Council (per the water dept. letter) to abandon that easement because the pumping station is no longer is use. Brian stated there is only 3 parking on the entire site and you can’t park on Rte. 44. Bruce said there was room for short term parking if necessary. He stated there will be no public at this site. The office is his for his business and if he needed to have a big meeting he would have at a DD store. Tony asked about any proposed drainage? Brad stated there is a slight increase in impervious area and they will be reducing the amount of water that run off. Chairman Campbell pointed out the proposed 12’ foot TMLP easement should be shown on the plans. They will utilize the existing water and sewer line. Letter from March 1, 2020 from Patricia Wilbur was read into the record. Margo Craven, goes to the church stated the church, said they didn’t’ receive the ZBA public hearing notice but they did get notice form P.B. She has concerns with snow being piled onto the church property. Dennis asked Mr. Thomas if he needed to hold a big meeting where would he have it and Mr. Thomas answered at one of the DD stores in Mass. Or R.I> He stated there will be 2 girls in the office to pay bills. Ms. Craven had some concerns with them using the church property. It was stated that perhaps the church has been using HIS property. She also stated she was concerned because Mr. Thomas develops his sites into gas stations. Public input closed. John made motion, seconded by Arthur to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated February 3, 2020 and revised through February 18, 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. Condition #5) Two sets of updated plans shall be provided that conform to this decision prior to building permit. Condition #6) Curb cut permit shall be obtained prior to any building permits Condition #7) compliance with ZBA Case #3519 and the conditions contained therein. Condition #8) no dumpster Condition #9) show the doors on the plan Condition #10) a copy of the recorded, modified easement that conforms to the approved plan shall be provided prior to any building permits Condition #11) Any proposed work on the site will require City Council approval as they hold the easement over the property concerning the DPW Water Division and associated pump station. All in favor. Public Meeting - Site Plan Review -515 Middleboro Avenue and property I.D. 96-134) for a 62 space auto dealership (58 retail, 3 employees and 1 handicapped space) in a Business District, submitted by Lillian Amaro. Tony read dept. comments from the DIRB, TMLP, Engineer, Historic District Commission, and Water Dept. which were placed on file. Bob Forbes, Zennith Engineers and Andy Amaro were invited into the enclosure. 8 Bob stated the property was two lots but they have been recently combined by a recorded 81X plan at the Registry of Deeds. The Board approved a small car lot for Mr. Amaro and now he wishes to expand to the other lot. The current car lot does not have any building on it and now they will have a building. There is no curbing along the front of the property. He is proposing to go from 8 cars to 58 cars for sale. He doesn’t have any issues with the DIRB conditions. Dennis asked if they did any repairs and Andy answers very minimal on occasion. They sent out for repair. Brian stated if his memory is right they created an ordinance after we approved the initial site Plan review requiring all use card lots have bathroom facilities available. He drove by and the place looks clean. Brian asked why condition #19 in reference to propane tanks and Andy answers they have small furnace for water inside building. Chairman Campbell asked if they were proposing any landscaping? Andy said he thinks it would be nice to extend the landscaping island to the proposed driveway openings to define driveway. Public input: No one in favor or opposed. Public input closed. Dennis made motion, seconded by Arthur to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated February 5, 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 set 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 updated plans shall be provided that conforms to this decision prior to Building permit. Condition #6) Dumpsters shall be located on a concrete pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly. Condition #7) A radio read meter, by DPW water, shall be installed on the existing water service. Condition #8) Any upgrades to the existing water service will have to be completed by a City licensed Contractor, with road opening and or trench permits. Condition #9) All doors shall be shown on the plan. Condition #10) An oil water separator is required. Condition #11) Label display spaces and customer parking spaces on the plan. Condition #12) A maximum of 58 vehicles shall be stored/ displayed on site on any one time and all vehicles shall be store/ displayed in the defined spaces only. Condition #13) The parking spaces shall be striped and maintained striped. Condition #14) Show the curb cut correctly. Condition #15) Site shall be connected to city sewer or a conforming title 5 septic system shall be installed. Condition #16) A hazardous materials permit from the Board of Health is required. Condition #17) A copy of the recorded plan combining the parcels shall be provided. Condition #18) The gravel/ pavement mix surface shall be agitated on an annual basis to prevent it from becoming impervious or it shall be replaced with a pervious surface. Condition #19) Show the propane tanks on the plan. Condition #20) Bathroom must be ADA and AAB compliant. Condition #21) Extend the landscaping island to the proposed driveway opening. Public Meeting- Site Plan Review - 260 Broadway - to allow a 725 sq. ft. coffee shop, 1,146 sq. ft. to remain as office and one residential apartment (to abandon the most recent approval for a 2nd residential unit) submitted by Keith & Debra Viveiros. 9 Tony read dept. comments from the DIRB, TMLP, Veolia Water, Eng. Historic District and Water which were placed on file. Keith & Deborah Viveiros were invited into the enclosure. They were here about a month ago for a Special Permit to add another living unit to the building resulting in 2 living units and an office. Now they wish to eliminate the 2nd unit and turn it into a small coffee shop. They will still their small real estate office there with one living unit but they think a small coffee shop will be a better use of the property. There will be no baking on the premises they will outsource the bakery products. If allowed their hours of operation would be 6 AM – 6PM and there would be 4-5 staff. Brian asked if the real estate business had a handicapped accessible bathroom and he answered yes. Keith explain how the building was set up and he stated the entire office is accessible Chairman Campbell stated the main entrance must be handicapped accessible and he said it was. Public Input: no one appearing in favor or in opposition. Arthur made motion, seconded by John to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated December 10, 2019 and revised through February 10, 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 set 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 updated plans shall be provided that conforms to this decision prior to Building permit Condition #6) dumpsters shall be located on a concrete pad, enclosed with a 6 foot stockade fence with green slats, be kept closed at all times and emptied regularly Condition #7) any upgrades to the existing water service will have to be completed by a City licensed Contractor, with road opening and or trench permits. Condition #8) show the utilities on the plan Condition #9) a food plan review and other applicable permits from the Board of Health is required Condition #10) label the parking off James Street as parking for the residential unit Condition #11) a secondary means of grease collection is required Condition #12) the sewer shall be CCTV inspection from the building to the city main. An outside cleanout and backwater valve protection is required to meet current city sewer standards. All in favor. Public Meeting - Site Plan Review -Winthrop Street Property I.D. 89-176 - for the construction of an 1,800 square foot retail/office space building, submitted by Mathew St. Germain. Tony read dept. comments from the DIRB, Engineer, TMLP, Veolia Water, Historic District and Water which were placed on file. John DeSousa, SeaCoast Consulting LLC was invited into the enclosure. He stated they received approval in 2007 but now they are proposing a smaller building. They are proposing a 1,800 square foot building and an enclosed dumpster will be on the southwest corner of the parking lot. The existing granite curbing at the entrance will be reused. John stated the surveyor went to get to the State Plane Coordinates. They are proposing a new water service. The wall will be with pre-engineered blocks. Public input open. No one appearing in favor or in opposition. Close public input. John made motion, seconded by Arthur to approve the SPR with dept. comments: Condition #1) That the plans dated February 6, 2020 and 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. 10 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 updated plans shall be provided that conform to this decision prior to building permit. Condition #6) Curb cut permit shall be obtained prior to any building permits Condition #7) compliance with ZBA Case #3519 and the conditions contained therein. Condition #8) no dumpster Condition #9) show the doors on the plan Condition #10) a copy of the recorded, modified easement that conforms to the approved plan shall be provided prior to any building permits Condition #11) Any proposed work on the site will require City Council approval as they hold the easement over the property concerning the DPW Water Division and associated pump station. All in favor. Special Permit – modification – 600 County St – modify the existing decision specifically condition #2 – allowing the subdivision of the business zoned portion of the property. Need to forward a recommendation to the Municipal Council Tony read dept. comments from the Conservation Commission, Engineer, B.O.H, Fire Det., Veolia Water and Water Dept. which were placed on file. Evan Watson, Prime Engineer was invited into the enclosure. He stated the subject property is located next to Trucchis and the proposal is to remove a condition relative to the size of the lot in order for future subdivision for future development. The property is in the Highway Business District in the front and the Urban Residential District. The site is surrounding by retail, car wash, multi-family dwellings and condos/apartments. The site currently has 4 buildings on it totaling 32 units but was approved for 152. They want to carve off the front portion because it’s in the Highway Business District for future development. In 1987 the approval referenced a certain size and they need to remove that condition. He stated given the density they will keep it all together and Form A 2 lots out front. The clubhouse and pool have been removed. Dennis had some issues because of the condo documents and deeds. It was asked if the condo owners have to approve such a change? Evan stated the Master Deed must be changed and that requires all approval from the association. He is under the understanding they are all in agreement. Brian asked who gains from this? Evan stated that the owners (association) will benefit from the sale. Chairman Campbell is not in favor because the approval and review was based on the entire acreage. He thinks it sets a bad precedent. Paul Sullivan, Trustee stated in 1986 the homeowner’s association was formed. In the early 199’s the developer died and a local bank and a local developer came in and bought 10 units and then he was blocked from buying any more. He stated this has been presented o the membership and they were in favor. According to their master deed the trustees get to vote to sell the property and they brought it to the entire association and they are in favor. He was under the impression the sale of the property will go to condo association . It was noted 6 trustees were in favor There was some discussion as to whether or not to send to the law dept. to see what the legality of this would be? Motion made and seconded to forward a NEGATIVE recommendation on the proposed modification for 600 County Street. The Board had serious concerns with the modification both because 1.) The change would still allow for full-build of the originally approved complex but on a smaller footprint, plus the new uses on the separated parcel, and 2.) The precedent that would be set by allowing increased use on the same parcel despite what was presented as “the project” at the time of the Special Permit Public Hearings. The Board also expressed concern over the legal issues associated with the change, affecting deeds and conveyances, the condominium trust documents and similar documents pertaining to the permit. Department comments from the City Engineer, Veolia Water, Board of 11 Health, Fire Dept., Conservation Commission and Water Dept. (6 members in favor, 1 member absent) Special Permit –modification – 19 Spring St- by deleting the reference to elderly apartments – to be able to be rented to individuals of all ages. Atty. Edmund Brennan and Carolyn Huerth was invited into the enclosure. Tony read dept. comments from the Veolia Water, B.O.H., TMLP, Fire Dept., Conservation Commission and ZBA decision which were made part of the record. This was the former nail & tact building and was a factory in the 1800’s . In the mid 1980’s the developer was approved for 46 units but it had a restriction for “elderly persons” . The property is now up for sale and the applicant wish to do major renovation to the site and her finance is held up due to the restriction. Atty. Brennan stated they wish to remove the restriction and allow persons of all ages to live there. Currently there are all aged persons living there, some elderly, some young families and they will have an opportunity to remain. Atty. Brennan says he doesn’t know why restriction of put on because it’s not subsidized housing. The ZBA last month granted the applicant request to remove the “elderly persons only” and allow her to move forward with the Special permit request before the Municipal Council. Carolyn states this restriction is presenting obstacles for her. No bank wants to lend to her if there is an elderly restriction. She states as far as she knows that restriction has Never been complied with. Carolyn went over the substantial renovations she is proposing to do. She is proposing porcelain tile that looks like marble, new porcelain floors, new lights, black trim, re-point cement, in-unit laundry. She showed the Board the materials that she will be using. She has some experience with these types of renovations. She referenced she has had great success in rehabbing several upscale apartment buildings. It was asked what is the mixture of people living there now? She answers she has small families, disabled veterans and some elderly. She has a commitment letter from bank for 1.5 million as long as the restriction of lifted. John asked how many are rented now and she answers 3 are vacant out of the 46 units. So, if approved, she will start on those 3 units first. It was asked how much the rents are and Carolyn answered 1 bedroom - $950, 2 Bedroom $1,100 After the renovations they will be 1 Bedroom $1,100. 2 bedroom $1,400. She stated everyone will have the opportunity to remain if they wish. She will start on the 3 vacant units first. Arthur asked if she accepts Section 8 and she answers yes. The ZBA approved the removal of the restriction and allows stated no more than 13 two-bedroom units. Brian asked if any of the units are subsidized and Carolyn answers about 1/3. She stated Section 8 is encouraged because you are guaranteed payment. Brian asked if she does vetting and she answers yes. She has Marina Bay Mgt. that handles that. It was asked if there would be an on-site manager and she answered yes. She will have an on-site property manager/maintenance person. The site will have security cameras. Dennis stated the ZBA granted the request to remove the age restriction because if not then all occupants who are elderly would have to be evicted. The Board took into consideration all the proposed improvements to the site and determined they were much more beneficial that having it age restricted. Now all ages can live there and they were taking any parking away. This is a big project and a substantial jump for the applicant. Public input: no one in favor or opposed. Public input closed. Motion made and seconded to forward POSITIVE recommendation on the modification of the Special Permit for 19 Spring Street. As presented to the Board, the eligibility for the “elderly apartments” is not stated, the restriction is not now and never has been enforced and the Zoning Board of Appeals, the source of the restriction during the permitting of the project, has recommended approval of the proposed change. The Board acknowledges that the applicant intends to improve the units in phases and has indicated that the existing tenants will have an opportunity to remain if they wish. Also that the modification results in providing housing for people of all ages and is in harmony with the City’s 12 Master Plan. Department comments from the City Engineer, Veolia Water, Board of Health, TMLP, Fire Dept., Conservation Commission, Water Dept., Zoning Board of Appeals decision Case # 3531. All in favor (6 members in favor, 2 member absent) Highland Heights – Request for lot release - holding 12 lots – requesting release of 5 lots. Letter from City Planner and Mark Slusarc (on behalf of Eng. Dept.) were read into the record.. Dennis made motion to release 5 lots without any additional surety being requested. Seconded by Brian. All in favor. Woodwards Lane – Roadway Improvement Plan – Request to post surety prior to improvements completed Letter from the City Planner and City Engineer was read into the record. Randy Riva was invited into the enclosure and he stated he has no issued with the proposed surety as referenced in the dept. letters. This is an approved Roadway Improvement plans for one house lot. The developer wishes to pull a building permit for the house prior to doing the improvements. Dennis made motion to require $25,000 of surety be posted, seconded by Brian. All in favor. Millview Estates – work started without inspections – Letter from City Engineer, Conservation Commission ‘s Enforcement Order was read into the record. Atty. John Zajac was invited into the enclosure. He stated the property is the former tennis club off Whittenton Street. They went before the Conservation Commission for a notice of Intent and due to miscomminucation from their engineer they have stated to work without proper notification. They met with the Conservation Agent on Tuesday to inspect the silt fence and put up the appropriate DEP signage. Atty. Zajac stated his client, G. Lopes took title this week. The Secretary informed them they just posted the escrow money today, and they need to have the contract made and signed by the appropriate dept. and then a pre-construction meeting can be signed. Meeting adjourned at 11:25 PM 13