Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: August 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, Spencer, Carr, and Campbell present. Meeting opens at 5:30 PM. By virtual means (Zoom) 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. John made motion to accept June 4th minutes, seconded by Arthur. All in favor. Cont’d. Public Hearing – Modification of Massasoit Estates –Special Permit Inclusionary Cluster Subdivision – to amend Condition #2 which required all lots to have individual leaching fields on each individual lot. The modification is to construct a common leaching field for the entire subdivision and also the installation of a sewer system in the roadway to convey sewerage from the septic tanks located on each lot within the development to the common leaching field on premises situated at 945 Middleboro Avenue, E. Taunton, Ma. known as Assessor’s Map 111, Lot 112. Letter requesting a continuance to next month. Motion made and seconded to grant continuance. Public Hearing – 18 Trescott St. – A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a 3 family use in the existing building in the Central Business District on premises situated at 18 Trescott St., parcel ID. 66-63, Taunton, Ma. Hearing opens at 6:30 PM Roll Call: Reardon, Lopes, Abreau, Carr, Spencer and Campbell Chairman Campbell reads letters from Engineer, Veolia Water, Conservation Commission, TMLP, Historic District Commission and City Planner which were made part of the record. Atty. Brianna Correira representing Christopher Coute and Chris Moniz. They are proposing to put 3units about Liberty & Union Ale House. There is a sizeable municipal parking lot across the street. They have the support of the BID and there is 1 sewer down town. They were going to try and utilize the space for a function hall but that didn’t’ work out. Manny asked about the parking waiver and where would the tenants park? Atty. Correira stated they can park across the street in the parking lot. Manny was concerned with tenants parking along Main Street which is metered parking. No one opposed, letter from BID and Atty. Frank Biedak, 57 Main St. called in to support petition. John made motion, seconded by Manny to approve the Special Permit for a 3 family use with the following conditions: Condition #1) If the proposal is for individual owned units, separate Water Services (meters/valves/ pipes) will be required for each unit. All in favor Hearing closed at 6:34 PM Public Hearing – 272 Winthrop St. – A Special Permit from Section 440 Attachment #2 of the Zoning Ordinance and Site Plan Review for the construction of a 4,800 sq. ft. auto repair shop with auto sales, submitted by Milad Dhaib. Hearing opens at 6:35 PM. Roll Call: Carr, Reardon, Abreau, Lopes, Campbell and Spencer. Chairman Campbell read letters from DIRB, Engineer, Water, Historic District Commission, TMLP, and letter from Donna Henault Saben. Letter from Atty. Melinda Kwart representing Community Counseling of Bristol County Inc., and CCBC properties Inc. who owns a group living home two houses from this property. Opposed: Oscar Gomes, 273 Winthrop St. John DeSousa, North County representing Milad Dbaib and Atty. Frank Biedak had a concern with condition #23 of the DIRB relative to graveyard license. He doesn’t’ think this type of business doesn’t qualify them for a graveyard license. His client intents on selling vehicles from there and him being required to apply for the graveyard license doesn’t make sense. Atty. Biedak stated the current business at 274 Winthrop Street and they are currently seeking titles for the abandoned vehicles that are currently on the site. Atty. Biedak stated he wasn’t sure why the Conservation Commission says they need a filing when she had no concerns. He said they moved the dumpster to the other side so the 100 feet of wetlands in the rear. He stated he had no issues with the City Engineer’s letter. They will put stockade fencing around the entire property and will comply with the landscaping ordinance. They will also have lighting that won’t illuminate onto neighboring properties. The water and sewer is out front and they will be putting new water connection in. They sewer connection is on the western part of the property. John Reardon asked John what are the proposed wheel stumps labeled on the plans? John answers they serve two purposes, if there is no curbing it will keep customers away from the retail and it’s added protection so they don’t rip up parking lot. John R. asked about the digging up the property and the hazardous materials? Testing was done on the neighboring property (gas station) and it came back negative. John D. stated they would be moving over the existing business at 274 Winthrop Street to this property. They will clean up property to how it was when they went in (1999) John D.stated they are not going to use tthat (274) property , they don’t own it. Atty. Biedak stated they are in the process of cleaning up site with removing the abandoned vehicles. Arthur asked if they would be doing repairs on vehicles and it was answered oil changes will be done inside of the building. There will be no gas sold from this location. Arthur asked about dismantling parts and it was answered no there will be no vehicles waiting. This will not be a salvage yard. It was noted there are a lot of vehicles at the current location (274) It was asked hours operation: Monday 9 Am – midnight? Milad stated people are used to them being there. John stated he has received calls from neighbor’s the work at night is keeping neighbors awake. Arthur asked if it would be open 7 days a week? 2 Brian asked the hours of operation? It was answered Saturday & Sunday 9-5 and Saturday 9-7 service. Atty. Biedak stated the immediate neighbor’s concerns with the dumpster has been addressed with the moving of the dumpster. Arthur stated he doesn’t want the neighbor’s to suffer from this business. Brian asked Atty.Biedak about the graveyard license that is required? Atty. Biedak stated it states you can only have 2 unregistered vehicles on the property? Brian pointed out the current operations next door has a history of having a lot of unregistered vehicles on the property. Atty. Biedak states the graveyard license doesn’t make sense. YOU can have both, a license to sell and a graveyard license? Brian stated his major concern is that he doesn’t want to see abandoned vehicles on this property. Atty. Biedak said his client is too kind hearted and cannot say no when someone leaves their vehicle there. He knows he has to change his business practice. Milad stated he has never taken ne part off the vehicle he can’t because he doesn’t own.them. He said there have been vehicles there for 5 years and he cannot touch them because he doesn’t own them. Milad stated there are other business in the City that have abandoned vehicles and they aren’t being singled out. He referenced Armand’s Garage has vehicles on the property that were burnt and has 4-5 truck in back of the yard. Atty. Biedak stated he has informed Milad that his business practice has to change, you shouldn’t have vehicles there for 5 years. Atty. Biedak stated they have stated the process of “abandoned vehicle Law” of which they have acquire titles. He states he is willing to junk the vehicles but he can’t yet because he doesn’t own them, he needs permission. Brian stated the history of what goes on there, being a good neighbor? You are infringing on the neighborhood, the residence out there but you both have rights. He stated they tried to set guidelines and they have been ignored and the city spends money going to court. Calil Dbaib, stated Walgreens wanted to purchase the properties in 2002 but City did all the work and stopped that and he said the late Jason Buffington stepped in and stopped that. Calil stated that no one has called him to complain, all the neighbors love him. Brian said that he would like them to rectify the other issue and the special permit can be granted if the used is in harmony with the general neighborhood. He has major concerns that what has happened next door will happen at this new lot. Manny says he knows all parties involved and wants to think if it’s approved with conditions the petitioner will comply with them. The Board can set guidelines and they would need to adhere to them. Calil stated he wants to starts on a news slate, he’s not worried about 274Winthrop St. Manny wants to see them do the right thing and do what is best for the City. If the approval will alleviate the old site and they abide by all conditions then all would be happy. Manny asked if they leased 274 Winthrop St and it was answered yes. Atty. Biedak stated it’s now a financial situation and they are working on the abandoned vehicle ordinance and working with Superior Court. He stated they would still be working from 274 Winthrop St. while 272 is being built ,and once completed they will cease at 274 Winthrop St. Tony stated he has listened and likes the project and wants to move on and asked what is their time frame on which to open ? it was answered about 6 months they need to demo existing building. Several Board members thought the hours stated earlier were too late. It was suggested closing at 10 pm not midnight. Brian stated if approved he would like to see hours of operation 9 – 10 pm. Not beyond 10 pm. Manny stated he would proposed a stipulation that once completed all operations at 274 Winthrop Street stop. Discussion took place relative to having the old place open during construction of new place. John asked what kind of building are they proposing? It was answered space metal building with brick façade, John stated the entire building will not be space metal. The total height would be about 23 in height, they will conform to the height ordinance. Chairman Campbell asked about condition #23 – graveyard license and condition #10 no vehicle parts and Atty. Biedak stated that doesn’t make sense. He will have to look into it. It was stated there are 10 bays and asked if he would be renting out bays? If he rents out the tenants will be required to comply with all conditions. John D. stated there is currently only one bay and now there will be 10 bays. John stated they don’t’ believe they were going to rent out bay. They have enough work to keep busy. It was noted there will be no loading/unloading of vehicles on the street occur west of the property line. Public Input: Nancy Pearson, 33 Range Ave. is concerned taxpayer and resident and ask about the contamination on the property. She is aware the owner 3 lives in Florida and she was concerned about what will happen to old site, will he lease to someone else? She stated they said they were hoping to be in by Christmas? Atty. Biedak stated due to covid they were hoping to start by Christmas and the type of building they are proposing will go up fast. Atty. Biedak stated when they are done with construction the old site will be vacated. John D. stated they will have to clean up the old site to put in back in the condition of which they first were there in 1999. He’s not sure it will be completed by Christmas. Brian asked who inspects the old site once it’s cleaned up. John stated the current property owner will make sure it goes back to the same condition in 1999. Brian asked if they have any insurance regarding contamination? John D. stated the State puts in a portion of the money towards the clean up when you are putting in a gas station. The Sunoco station had a leak and they cleaned up everything and they got new tanks and there are no new leaks. Brian stated to Atty. Biedak that he has heard all the concerns and once the new place is up and the old will be closed and cleaned up. Brian asked if they rectified the issues with the City and recommends a copy of the approval to the law dept. John D. stated once they moved the operations to 272 Winthrop Street they will vacate 274 Winthrop Street and clean it up to the way it was when they went in. Chairman Campbell just wanted to let you know the proposed 6 foot stockade fence cannot impede site distance. John D. stated it would be set back 15 feet transition from 4 feet to 6 feet. Motion made and seconded to grant with the following conditions: Condition #1) That the plans dated June 30, 2020 and revised through July 27, 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 conforms to this decision prior to issuance of a 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 be emptied regularly. Condition #7) Water and sewer lines shall be shown on the plan. Any changes to the water service would require DPW Permits, city licensed contractor, road opening and trench permits and must conform to DPW Water specifications including materials, installation, inspection and testing. In addition, proper backflow protection will be required and a radio read water meter (by DPW) will be required. Condition #8) All vehicles whether registered or unregistered shall be parked within the defined spaces shown on the plan only. Customer parking spaces shall be utilized by the customer and employees only and shall not be used to store vehicles waiting to be worked on or picked up and said spaces shall not be utilized for display of vehicles for sale. Condition #9) The maximum number of vehicles on display for sale shall not exceed 14 vehicles at any one time. These vehicles may be any combination of registered or unregistered vehicles but shall not exceed 14 vehicles at any one time. Condition #10) There shall be no vehicle parts stored or displayed on the exterior of the building at any time. Condition #11) The maximum number of vehicles on the exterior of the building associated with the auto repair shall not exceed 14 vehicles at any time and these vehicles shall not be parked in front of the building at any time. These vehicles may be any combination of registered or unregistered vehicles but shall not exceed 14 vehicles at any one time. 4 Condition #12) A filing with the Conservation Commission is required. Condition #13) A hazardous materials permit is required from the Board of Health. Condition #14) Landscaping shall comply with Section 440-702 with regards to the number and size of required plantings in the landscape buffers and interior landscaped islands. All plantings shall be maintained. Condition #15) The six foot “stockade” fencing constructed of white vinyl, as located on the plan shall be maintained as shown on the plan. There shall be no interior connections between the subject site and abutting properties for vehicular or pedestrian access. The last panel adjacent to the street line shall be tapered to ensure good sight distance in each direction. Condition #16) A curb cut permit is required for the new driveway location. The curb cut permit shall be obtained prior to issuance of a building permit. Condition #17) All parking spaces shall be clearly identified with pavement markings. Condition #18) An asphalt berm shall be constructed along the entire perimeter of the paved surface. Condition #19) A revised stamped drainage report shall be submitted by the petitioner and approved by the City of Engineer prior to any building permits. Condition #20) A surveyor’s stamp shall be added to the plans. Condition #21) The proposed drainage system shall be modified to lower the inverts at the manholes and catch basins by six inches wherever possible. Condition #22) A City Graveyard License is required. Condition #23) Hours of Operation: Monday – Friday: 9:00 AM – 10:00 PM for sales and service, Saturday & Sunday: 9:00 – 5:00 PM for sales, Saturday: 9:00 AM – 7 PM for service. No service allowed on Sunday. Condition #24) The Petitioner shall vacate his existing business at 274 Winthrop Street upon occupancy at 272 Winthrop Street as presented at hearing. He shall also continue to remove any abandoned vehicles from the 274 Winthrop St site such that when the business is relocated to 272 Winthrop, only the prescribed number of vehicles shall occupy the new site and the clean-up of 274 Winthrop Street can continue. Petitioner’s business at 274 Winthrop Street is allowed to remain open during construction of 272 Winthrop Street if compliant with applicable laws, ordinances, licenses and permits. Hearing closed at 8:34 PM Highland Heights Subdivision – Lot Release – requesting release of4 lots – holding 7 lots & $129,276.00 Andy Hopgood was invited into the meeting. He is requesting release of lots 4 lot. Outside consultant letter was read into the record. Manny made motion to release 4 lots upon the receipt of $2,500 per lot, seconded by Arthur. All in favor. Manny stated asked if we received anything from the Law Dept. relative to the Planning Board having to accept bonds because it’s in or rules & regs. Chairman Campbell stated we haven’t sent any formal request in writing but he thinks the change would need to be MGL Chapter 41, section 81. Manny stated having developers post bonds is a joke. He stated he discussed this with the City Planner and stated the Board would rather have cash surety instead of bonds. Manny stated we have always required cash surety but apparently the developers were not under any obligation to go along with what we asked. It was stated performance bonds has their own merits and it’s an issue with every planning board. There are administrative costs on our end. They very seldom the bond amount is enough. He stated in the interim we have to make surety bond amount is enough to cover administrative costs and realize it takes longer for the work to be completed. 5 Motion made and seconded to send letter to the City Planner asking how we can eliminate the performance bonds as one of the acceptable forms of surety for subdivisions. Also CC the Treasurer & Law Dept. Meeting adjourned at 8:55 PM Meeting adjourned at 7:15 PM 6