Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: June 4, 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. By virtual means. Chairman Campbell read statement: “Tonight’s Planning Board meeting is being conducted remotely consistent with Gov. Bakers Exec. Orders due to the current State of Emergency in the CW. In order to mitigate the transmission of the COVID-19 virus, we have been advised and directed by the CW to suspend public gatherings, and as such, the meetings in a publicly accessible physical location. Accommodations for public access have been made via livestreaming, and this meeting is also being recorded. Cont’d. Public Hearing – Winthrop St. – Assessor’s lot 101-6 and 31 – for a Special Permit from Section 440 –Att. #1 of the Zoning Ordinance & for a two family use on four proposed Lots (8 units total) and a Special Permit for a common driveway to access 4 lots - on Assessors lot 101-6 and 31, Winthrop Street , submitted by Jeffrey Terra. Roll Call: Carr, Reardon, Abreau, Lopes, Ackerman, Campbell present. Hearing opens at 5:35 PM. Department comments were read from Conservation Commission, Water Dept., City Planner, Engineer and public input from Kayla Brophy representing Geraldine Petro, 1195 Burt St. and Glen Marsden, Burt St. opposed. Chairman Campbell stated they usually require some kind or surety to ensure the improvement are done. Jeff Tallman, Sitec representing Jeff Terra, Trustee stated they continued last month to change plans relative to the driveway. They originally showed 2 separate driveways but the board wanted one common driveway with a turnaround at the end. They centered the driveway which has access to each units the Jeff thinks it works nice. The other issue was the septic systems but the Board wanted them to tie into sewer which they will be doing. Jeff stated they contacted FR Mahoney to analyze the stub and ran the calculations for an individual pump for each unit. Jeff pointed out they re-configured the driveway and locations of the unit but the lot lines have not changed. Dennis asked if they have any problem with putting a fence along the 20 foot No cut zone? Jeff stated there is existing vegetation which is primary pine trees. Dennis stated the layout is good and he re-iterated once it’s developed they cannot put any additional water runoff on adjacent property. Jeff stated they would need a Notice of Intent with Conservation Commission which is scheduled 1 for June meeting. He stated the water collects between lots 3 & 4. Dennis stated he agrees with the City Planner 95% at the ZBA meetings and they have never required covenants. He would recommends that no occupancy permits be issued until all is completed. Chairman Campbell reminded Dennis that the building inspector cannot hold up a certificate of occupancy based on a planning board approval. Dennis stated the Engineer approves the design. Brian asked how wide if the common driveway and it was answered 24 feet wide per the last meeting. Bob asked if the entire property is lower than the neighbor’s property? Jeff answers there is bordering vegetated to the west and south and abutting property on the east side is higher than this property. On the north the elevation continues to the drainage system, east to west and to the Segregasett River towards Burt Street. Jeff said it won’t be discharging in that direction primary to the west and to south to the residential area. It was suggested putting berm around the driveway. Chairman Campbell stated there appears to be a difference of opinion about the City Planner’s letter regarding surety. Dennis stated he wouldn’t want to hold up development. He stated we have protection by having the Engineer review it. Chairman Campbell stated when he was the City Engineer (13.5 years) he never went out to inspect a driveway. Chairman Campbell he’s just protecting the residents. Jeff stated the Engineer could come out to inspect and we wouldn’t get certificate of occupancy until they have access in. Chairman Campbell stated they are here tonight for Special Permit for a common driveway. Brian stated he thinks it’s a good project, good development but wants protection its done right for the future homeowners. He would not want to put a homeowner in jeopardy. Jeff stated they would normally put in a 1.2 inch base gravel, binder coat and top coat. Dennis stated the ZBA has never asked for a covenant. Several Board members stated as long as the work inspected. Tony stated they would need to go to Mass. DOT for curb cut and put a minimum 2 1’2 inch binder course and then ½ top coat. Arthur asked if the common driveway would ever be owned by the City and it was answers no, it will always be private. It was stated the binder course must be in prior to a building permit. Public Input : Gen Marsden, 1135 Burt St. asked if they would consider a fence with the re-directing of the units he is worried about lights shining toward his driveway. Jeff stated they have maintained a larger buffer and they will keep it as natural as possible. These are not large yard areas. Chairman Campbell’s positon is there should be surety in place to ensure complete the work. In some cases there have been binder course put it and houses build but the top coat never gets completed. Jeff stated they could restrict it to prior to certificate of occupancy. Chairman Campbell reminded them it cannot be enforced by the issuance of the Certificate of Occupancy. Brian wants assurance the top coat will be put in and Arthur agrees. Jeff states as part of the Special Permit approval they will do that. Motion made and seconded to grant with the following conditions: Condition #1) City Water Specifications would apply as well as City Licensed Contractor, Road Opening Permit and or Trench Permits. Condition #2) A Fire flow test will be required to size the main required for the project. Condition #3) DPW Water Specifications would apply including materials, installation, inspections, and testing. Condition #4) DPW Permits would apply including CLC, Road Opening, and Trench. Condition #5) A Notice of Intent with the Conservation Commission will be required. Condition #6) Each unit would be required to have an individual City Water Service, as well as radio read water meters, provided by the City. 2 Condition #7) A homeowner’s association shall be created to maintain the driveway which shall remain a private driveway. This shall be completed and recorded prior to any building permit. Condition #8) The access and any utility easements shall be recorded prior to any building permits. Condition #9) An accurate floodplain elevation needs to be shown on the formal proposed plan to determine if compensatory storage will be required. Condition #10) The project will require an access permit from MassDOT and the City of Taunton for the driveway curb cuts. Condition #11) The top coat must be completed prior to the issuance of a building permit for the 4th lot. A foundation permit can be issued. Condition #12) Bituminous concrete driveway to have 1 ½ inch of binder course and a 1½ inch top coat to meet the city standards. Condition #13) The driveway is to be a width of 24 feet wide with a berm around the entire driveway. Condition #14) The City Engineer oversee the construction of the driveway. Hearing closed at 6:31 PM Public Hearing - 1318 Middleboro Ave. - Special Permit from Section 440-710 of the Zoning Ordinance for an Accessory Dwelling Unit (560 sq. ft.) in a Rural Residential District. Hearing opens at 6:32 PM. Roll call: Carr, Reardon, Abreau, Lopes, Ackerman and Campbell. Dept comments from City Planner, B.O.H, Water Dept., Veolia Water, Conservation Commission and Historic District Commission were read into the record. Adam Mitchell, South Shore Roofing Inc., & Liberty Construction stated he is proposing to construct an accessory dwelling unit for the applicant’s father to live. He presented plans showing everything conforming and the septic is going to be upgraded. Public Input: No one in favor on in opposition. Dennis made motion to approve the Special Permit with dept. comments, seconded by Brian. All in favor. Condition #1) If municipal sewer is not available. The lot would need to construct or upgrade an on- site septic system with appropriate setback requirements and buffers in accordance with Title 5 regulations, to accommodate the addition of a bedroom. The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Condition #2) No new construction can occur above the existing water service. Condition #3) Any work proposed on the City Road or Water Service will require DPW Permits: CLC, Road Opening, and or Trench. Condition #4) The plan for the building permit should include all of the information per the City’s plot plan requirements. Hearing closed at 6:43 PM Public Hearing - Center St. Map 76-Lot 111 - A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a two-family use in a Highway Business District on premises situated the east side of Center Street, known as assessor’s reference Map 76, Lot 111. Roll call: Carr, Reardon, Lopes, Abreau, Ackerman, Campbell present. Hearing opens at 6:43 PM Dept. comments were read from City Planner, Engineer, Veolia Water, Conservation Commission, Water Dept., and B.O.H and placed on file. Jeff Tallman, Sitec. And rep. of JT builders. They are requesting a Special Permit for duplex on the east side of Center Street, about 900 feet west of Joseph Warner Blvd., The lot was created in 1923 from a combination of smaller lots. It’s been vacant since and they now want to put a duplex house on it. Lot 2 is 310 Winthrop Street and the vacant lot will be accessed via Center Street. 3 Center Street is a private way but has been used for some time by the public. Tony asked if the water and sewer was going to be brought down. Tony stated the layout is 40 feet wide. It was stated there is an existing accepted Center Street in E. Taunton per the City Engineer and this should be re-named to avoid confusion. Jeff stated the roadway has been in existence since 1923. Tony stated they should run sewer and water down and they would need to repave the entire road. Jeff stated they were planning on patching it not re-paving the entire road. He stated Harvard Street ran sewer from Winthrop Street and they just patched it. Tony stated he would like to see if re-paved. Chairman Campbell agree they will be there putting in water main, hydrant and gas services there won’t be much left of the road. He would require repaving. Brian stated when we approve things we require roads to be repaved not patched. Brian stated he was confused because when he thought this property was the retail plaza? It was noted the property I.D. is 76-110 which is 310 Winthrop Street and it has an existing house and garage located on it. The retail plaza is next door. Jeff stated he spoke to the City Planner and he agreed it’s a buildable lot. Property I.D 76-110 is identified as one lot but is 2 separate lots. John is in favor the proposal because it provides more housing but he agrees with other board members on wanting the roadway paved utilities go in. Brian stated he would like to street paved with sewer and water and they need to re-name the street on the recommendation of the City Engineer. Public Input: No one in favor or opposed. Chairman Campbell stated the street has to be a public way or the City Clerk designates it as a public way or the Planning Board finds it suitable for the intended use. He stated in opinion of the Planning Board Center Street is viable for building permit purposes. Brian stated the road is going to remain a private way but has to be suitable for access. There was discussion as to whether or not to require milling down of the pavement, or patching or paving? Tony made motion to approve the Special Permit, seconded by Brian to approve with the following conditions: Condition #1) The dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Condition #2) The lot shall be serviced my municipal sewer, water and gas. Condition #3) City Water is not available on Center Street so they will need to extend the water main from Winthrop Street to Center Street and they would need prior approval from the DPW Water. A fire flow test and DPW Permits would apply = CLC, Road Opening and Trench. Condition #4) The roadway to be milled down and the section that is disturbed must be re-paved to a minimum of 20 feet wide to the extent of the utility trenches. Condition #5) The applicant must petition the Municipal Council to re-name the street as there is already an accepted Center Street located in East Taunton. Public hearing closed at 7:11 PM Public Meeting – Site Plan Review – 44 Dean St. Prop. I.D. 55-756 and 55-757 – for a 3 story 36 unit residential apartment building with 80 space parking lot, with utilities, stormwater management, landscaping and associated grading. Submitted by Mohiuddin Ahmed, owned by Konako Dev. LLC & Kenneth Effron. Letter requesting a continuance until next month. Meeting adjourned at 7:15 PM 4