Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: September 3, 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, Ackerman and Campbell present. Meeting opens at 5:31 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. Tony made motion to accept July 9th minutes, seconded by Arthur. All in favor. Tony made motion to revert out of the regular order of business, seconded by Brian. Winthrop Lane – Lot Release – requesting release of all 3 lots – holding 3 lots & 0 surety Chairman Campbell read letters from the Engineer, Planner, and Field Engineering outside consultant into the record. Karen Patneaude representing Tony Bairos stated he is agreeable to posting $40,000 for the release of 3 lots. Manny made motion to release the 3 lots upon receipt of $40,000 of surety. Seconded by John, all I favor. Fuller Estates – Requesting to release lots 5A & 12 – holding $81.000 & 3 lots. Chairman Campbell read letters from the City Planner, Greenman Pedersen outside consultant and City Engineer into the record. Dennis made motion to release lots 5A & 12 upon receipt of $18,000 of surety, seconded by Tony. All in favor. Run Brook Circle – request to release 8 lots – holding 15 lots & $55,440 & $300,00 performance bond. Chairman Campbell read letters from the City Planner, Greenman Pedersen and City Planner into the record. The City is hold $55,440 and $300,000 performance bond. 1 The developer should indicated which 3 lots are priority because based on their approval they need to have the conservation restriction recorded prior to the 14th lot release. It was suggested they could conditionally release all the lots but only 3 at this time and then after the conservation restriction is filed release the remaining. Chris Moniz representing developer stated they are working on the conservation commission now and he stated they would prefer releasing lots 19, 20 & 21 now and the remaining after the conservation restrictions is recorded. Dennis made motion to release lots 19, 20 and 21 now and the remaining lots after the conservation restricted is recorded. Seconded by John. 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. Cont’d hearing opens at 5:44 PM Chairman Campbell read letter from Presbrey, BOH outside consultant relative to the septic system design which was placed on file. Jeff Tallman & Steve Figueiredo were invite into meeting. Jeff said at the last meeting the Board has comments about the septic design and wanted the Board of Health to review it. They conducted a few perc tests which were witnessed by the B.O.H. Jeff stated the Board of Health doesn’t’ have any requirements but rather a preference on what is allowed and preferred for septic designs. Jeff stated the homeowner’s association will be responsible to maintain the shared septic. They are waiting for the B.O.H approval. Jeff stated the results may change the elevation by a few inches but the flow isn’t going to affect it that much. Brian asked Jeff why does he think thee BOH should be agreeable to the type of system proposed? Jeff state the BOH has no regulations about putting a leaching field on easement. Jeff stated they would have to re-configure the entire subdivision if they didn’t’ have it the way it‘s proposed. Jeff stated there is a mechanism n place (homeowner’s association) to take care of it. Brian has concerns with this type of system. He remembers in Dighton they had issue in subdivision and it not properly maintained the all homeowners are required to put out money to fix it. Manny is under the assumption if there is problem then everyone would have to pay for it. He suggests putting something in the deed to make them aware of it. Brian remembers they did that for the former roller rink property. It would be in the homeowner’s association documents too. Dennis stated this will be part of the marketing statement and it will be in the homeowner’s association documents. It was asked what is the benefit and Jeff answers to be in an open common leaching field they own septic system and they control and maintain their own. John asked what is the worse case scenario if it goes down what is the process for correction. Jeff answers worse case it operates and lasts a long time and it fails from age and all chip in to fix it. It was noted the City doesn’t accept detention basins. Manny suggests notifying potential buyers about what kind of system they will be responsible for. Chairman Campbell suggest having it pumped each year and have them continue to pump each yeat. Tony asked Jeff if all had one septic tank and one common pump chamber. Brian asked if this would be a public way in the City. Matthew’s landing was brought up and the City took over that in 2015 because of the failed systems. Jeff stated a lot of towns will accepted the road but not the drainage & septic systems that is the homeowner’s association responsibility. Jeff answers it’s 100% the responsibility of the homeowner’s association. There will be no sewer fees. It was asked If 2 Title V has to be done if house is sold and Jeff says it’s typically up to the bank mortgage company. Public Input: None Motion made and seconded to approve the modification with the following conditions: 1. No buildings shall be erected on the easement and the homeowner shall maintain the grass over the system and no improvements in the easement are allowed. 2. In the event the street is ever accepted as a public way the homeowner’s association shall have the sole responsibility for the maintenance of the septic system. 3. Documentation in deeds must reflect that the homeowner association is responsible for the sewer collection system in the street, for the detention basins and for the pumping system. 4. Homeowner’s Association shall pump out each septic tank yearly and maintain the common soil absorption system. Vote: Abreau, Ackerman, Spencer, Campbell….Yes Carr, Reardon, Lopes……..No Public Hearing – – 31 Codding Dr. – Special Permit from Section 440-710 of the Zoning Ordinance for the Renewal of an Accessory Dwelling Unit, submitted by Tanya Resendes. Hearing opens at 6:25 PM Roll call: Carr, Lopes, Ackerman, Spencer, Abreau, Reardon and Campbell. Chairman Campbell read letters from the B.O.H., T.M.LP, City Planner, Historic District commission, Engineer, and Water Dept. which were placed on file. No one representing the petitioner. The Board voted to act on this because it was a renewal. Dennis made motion to approve the Special Permit with the following condition: 1. Submittal of verification of qualifying family member living on the premises. Seconded by Tony. All in favor. Hearing closes at 6:31 PM Public Hearing – 1041 Burt St. – Special Permit from Section 440-710 of the Zoning Ordinance for an 802.5 sq. ft. accessory dwelling unit in a Rural Residential District, submitted by Breanna Noberini. Roll Call: Roll call: Carr, Lopes, Ackerman, Spencer, Abreau, Reardon and Campbell. Hearing opens at 6:31PM. Chairman Campbell read letters from the City Planner, Conservation Commission, B.O.H, Engineer, Veolia Water, TMLP, and Historic District Commission. Breanna Noberin was invited to give presentation. The Chairman pointed out the septic system may need to be updated if you are going to add another bedroom. She stated the accessory dwelling unit will be for her paraplegic father. He is now living in another stated but needs care because he keeps falling. Dennis stated she contact the B.O.H to see what they require. Manny had no issue with the approval but wants all the dept. comments addressed. Brian stated he understands about wanting to help family but she must comply with regs. It was noted she is adding another bedroom which may trigger an upgrade to the septic system. She stated the septic system is suitable for 4 bedrooms. It was also noted the City Engineer would like to see contours on the plans. Chairman Campbell stated that could be done on the as-built. Public Input: No one in favor or against. Dennis made motion to approve the Special Permit for an accessory dwelling unit with the following condition seconded by Tony. 3 Condition #1) Must meet Board of Health requirements All in favor. Hearing closed at 6:48 PM Public Hearing – Repetitive Petition – 980- Bay St. – for the division of one lot into two lots - the changes are as follows: the plans shows one conforming lot and the other lot requiring variances for lot area and minimum dry area. The applicant is requesting to be able to re-appear before the Zoning Board of Appeals if P.B finds there is a significant change. submitted by Russell & Lynn Sanson. Roll Call: Carr, Reardon, Abreau, Lopes, Ackerman, Spencer and Campbell. Hearing opens at 6:50 PM Chairman Campbell read letters from the City Planner, Conservation Commission, B.O.H,, Water Dept. and Veolia Water which were placed on file. Atty. Daniel deAreau was invited to give a presentation. Atty. deAbreau stated the original proposal before the ZBA was for the division one lot into ttwo lots with both lots need zoning relief. The new proposal is for the division of one lot into two lots with one conforming lot and one lot needing zoning relief. The Board needs to determine if the change is significant enough to allow petitioner to re-appear before the Zoning board of Appeals. Dennis stated at the ZBA meeting they had lengthy discussion and 2 members voted against it because both lots were not conforming. He stated this new proposal is showing one conforming lot and one lot needing zoning relief. He is pleased to see new plans but he did vote for the original proposal. Brian asked what happens if it gets denied again. Then it’s still one lot. Tony asked if we could put conditions on it and Chairman Campbell stated no they are only voting to determine if there was a significant change and if yes they can go back to ZBA. It was noted the Board made it known they would like the existing home to tie into sewer. Dennis stated he would convey the Board’s suggestions. Public Input; no one in favor or opposed. Tony made motion to grant the petitioner the right to re-appear before the ZBA due to the significant change being one lot is now conforming and one lot needs zoning approval. Seconded by Manny. All in favor. Hearing closed at 7:01 PM Public Hearing – Dora Estates – Definitive Subdivision – to be located on the south side of Winthrop Streets, west of Burt St. on Map 101-lot 27 – to create 7 residential lots in the Highway Business District, submitted by The McPherson Irrevocable Trust Roll call: Carr, Reardon, Abreau, Lopes, Ackerman, Spencer and Campbell. Hearing opens at 7:01 PM. Chairman Campbell read letters from the City Engineer, City Planner, Conservation Commission, Water Dept., TMLP which were placed on file. Jeff Tallman, Sitec were invited into meeting. They are proposing a 400 foot road to access 6 lots and lot 7 will actually access through easement through lots 5 & 6. The lots are located in the Highway Business District and they received approval for triplexes. Manny stated he would like to see the parking for the triplexes. The lots are small and they require 2 spaces per unit. Manny said the City Engineer had a lot of concerns in his letter and he would like to see them addressed along with showing the building location with parking. It was asked if these would apartments or condos? Jeff stated the subdivision plans show the roadway and drainage and not the driveways or buildings. On the building permit plans it will that information. Jeff stated he just received the City Engineer’s letter yesterday and he has addressed about 75% of the items . Chris Moniz, General contractor stated house style will be similar to the ones on Staples Avenue. There will be 2 off street parking spaces with garage. Dennis had concerns if they deviate from what is on lot they may need variance. They can add extra parking with a garage. Chairman Campbell would like to see the final grading and approximate location of the buildings. He asked about the intercepting site drain and Jeff answers he hasn’t addressed that yet. Discussion took place on how the site would be graded? Chairman Campbell wanted to make sure not to interrupt the perfolated trench pipe and put it deep enough so as to not interrupt the ground flow. Public Input: No one in favor or 4 opposed. Brian asked about parking side by side and does that increase the impervious areas? Chairman Campbell wanted to see the contours for the driveways. He has some reservations about what it’s going to look lile. It was suggested having the plans updated to show the buildings, driveway on plans and address the City Engineer’s concerns. Motion made and seconded to continue to next month and have plans updates to show building, parking and address engineer’s concerns. All in favor. Special Permit – 144 W. Britannia St. – 416 sq. ft. of Marijuana Delivery – Need to forward a recommendation to the Municipal Council, submitted by Rhonda LaFlamme. Chairman Campbell reads dept. letters from the Conservation Commission, Engineer, B.O.H Veolia, Water, Water Dept. and TMLP which were placed on file. Chairman Campbell stated this is a Special permit with the Council so we need to forward a recommendation. Rhonda & Ray LaFlramme were invite into make their presentation. Ray stated they want to open a delivery only with a small office at 144 W. Britannia St. All business will be outside Taunton. There will be no overnight parking and basically they pick up order and delivery it to the customer. There will be 2-3 employees on site for office and there will be no signage and no one will ever know they are there. They are waiting for their promotional license. They presented their host agreement about a month ago. There will be no product on the premises but they are still required to have security. Manny asked if they are still required to have security if they are not growing or selling? Ray stated that is part of the CCC rules so we must comply. Vehicles have cameras and it can be reviewed remotely. There will be no product at this location and they will not be bring any product back. John asked who do they deliver to? Ray stated medical marijuana can only delivery their own product. He stated there will be 2 people in unmarked van with body cameras. They will not have any more than $10,00 worth of product at one time. A typical day there might be 10 deliveries. It was asked if the vehicles will be registered in Taunton and it was answered yes. Their plans is to pick up Rockland, Franklin and Gloucester area. Brian asked about how long to they keep the video in vehicles and Ray answered 30 days. He talked about the software and GPS that can be used. Brian asked if they have any advantage because they have this type of license and to and get retail sales? Roy answers they only want to deliver. Brian asked if they own any fees or taxes to the City and it was answered no. John asked if they hire their own security? Roy answers they have other cameras and keypad and every driver has to go through security system. They have 3rd person camera guy who oversees the cameras. Manny made motion to forward a positive recommendation to the Council with the following conditions: 1. Vehicles are to be registered in Taunton as presented. 2. Must comply with all security regulations. Seconded by John. All in favor. Special Permit – 6 W. Summer St. – 4 family use – in an Urban Residential District – submitted by Jacky Fils. Need to forward a recommendation to the Municipal Council. Atty. Dan deAbreu representing petitioner. Chairman Campbell read dept. letters from the Veolia Water, Conservation Commission, B.O.H, TMLP and Water Dept. which were placed on file. Atty. deAbreu stated the road is a dead end and the proposed use will be in harmony with the neighborhood. Manny stated it’s a good project and suggests consider a small play area for any children that may live there. It was asked if they could add more parking and it was answered no because of Conservation Commission. There is 8 parking spaces and they don’t’ anticipate nay issues. Brian asked if the parking area will be paved ? Atty. 5 deAbreu didn’t want to assume it would be. Jacky Fils owner answers the parking area will be paved/defined. It was asked if there would be room for snow. Brian wanted the parking defined. Brian asked if the building would be fixed up. Jacky answers everything will be rehabbed and it’s a site for sore eyes. Brian asked if he owns any other buildings and are they up to code? Jacky answers yes. Chairman Campbell asked about the current catch basins and the current parking and if the pipe is clay and where does it go? Atty. deAbreu answers he’s not sure. It was asked if they submitted floor plans and Atty. deAbreu answers no. The building itself was 4 units but it wasn’t legal. John made motion to forward a positive recommendation to the City Council with the following condition: 1 The parking spaces be paved and striped. All in favor. Meeting adjourned at 8:10 PM 6