Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at Maxham School, 141 Oak Street ************************************************************* DATE: October 1, 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. Arthur made motion to accept August 6th and September 3rd minutes, seconded by Brian. All in favor. Cont’d. 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, Lopes, Reardon, Spencer, Abreau and Campbell present. Hearing opens at 5:33 PM Chairman Campbell states this is a continued hearing. Chairman Campbell read the City Engineer’s revised letter which was placed on file. Jeff Tallman, Sitec Engineering stated they added new sheets to the plans. Plans show buildings, driveway and utilities. As part of the revised plans they submitted revise drainage report. Jeff stated he has addressed all the City Engineer’s concerns. He explained there are 2 detention basins on the west side of the road. Brian asked what is the depth of the basins? Jeff answers the first basin is 2 ½ feet and basin #2 is 2.75 depth with ¾ flashing. (under 3 feet deep) Brian asked Tony if there is any requirement for fencing around the basins? Tony stated more than 5 feet deep it’s not a law but if we required one it would be if basin was more than 5 feet deep. Chairman Campbell voiced his concern with foundation blocking water to going into river. Chairman Campbell asked if they were doing anything on the east side? His concern is the groundwater flow path would be interrupted lot 21 directly south. Chris Moniz, representing application stated he discussed with abutters about his issues. Chairman Campbell stated he would like the infiltration trench extended to east side. Public Input: no one in favor or opposed. Dennis made motion to approve Dora Estates Subdivision with dept. comments and the following conditions & waiver: 1 WAIVERS: 1. To allow one 6 foot wide sidewalk instead of sidewalks on both sides. CONDITIONS: 1. The Subdivision will follow the outside consultant guidelines for inspections which shall also include coverage of the sewer and water extensions and all other work offsite completed in conjunction with this project. The initial escrow deposit for paying for inspections shall be $7,000 and shall be replenished back to a $4,000 balance anytime the balance dips below $1,500. The Board has selected the next consultant due for appointment. 2. The indicated access and utility easements must be recorded prior to issuance of any building permits. 3. The applicant will be required to file a Notice of Intent for the roadway and for lots 4, 5, and 7 and possibly Requests for Determination of Applicability for Lots 1 and 6. The property is within Riverfront Area of the Segreganset River and the 100 foot Buffer Zone of a Bordering Vegetated Wetland. It also encompasses two potential vernal pools. 4. The lots must be provided connections to municipal water and sewer facilities. All dwellings must meet or exceed the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. 5. A Fire flow test shall be performed to determine the size of the proposed City water main. An 8” or larger main is required. 6. If the individual dwelling units of the proposed triplex buildings are to be owned separately, a separate water service line and sewer lateral will be required for each unit. 7. DPW Permit requirements apply to the proposed City water main: City Licensed Contractor, Road Opening (MA DOT for State Route 44) and or Trench Permit. 8. DPW Water Division specifications apply, including those for design, materials, installation, inspection, approval, and acceptance. 9. The individual water service line(s) to the building on Lot 7 may have to be larger than 1” due to the length from the water main in the street to the home. 10. A Homeowner’s Association shall be established and will be required to fund and execute the operation and maintenance of the drainage easements in accordance with plans established for each. 11. The infiltration trench to be constructed along the southerly property line as shown on the plan at the Public Hearing shall be extended along the easterly side of the property to a point west of the western-most proposed building foundation to ensure that subsurface water flow toward the Segreganset River is not interrupted. Public Hearing – A Special Permit/Site Plan Review - 82 Ingell Street - for the construction of a 10,500 square foot commercial building of which 3,000 square feet is office use with warehouse use and associated parking for plumbing company, submitted by Jim Dorsey, Dorsey Realty LLC. Roll call: Carr, Reardon, Abreau, Lopes, Ackerman, Spencer and Campbell. Hearing opens at 5:56 PM. 2 Chairman Campbell read dept. comments from the DIRB, Water, TMLP, Historic District, Veolia Water, and Engineer which were placed on file. Jay Dorsey was invited in the meeting. Jay has no issues with the DIRB conditions and will update plans but wanted to see if there would be any more changes after this meeting. He is proposing a 10,000 sq. ft. building on the property. He purchased the property in 2008 which an existing building on it (VFW) He helped the VFW install sprinkler and did some renovations to the building. He wishes to have all his business operations from this location. Brian stated the office use would be 3,000 sq. ft. and he asked if there would be any traffic and Jay answered no. Brian asked about the environmental and if the site was all cleaned up and Jay answered yes it was all done in 2008. He stated there will be less impervious area than in 2008. He stated the fiscal impact in that his trucks will be registered in the city and the added tax revenue from a new building going up. Jay stated he hasn’t heard from anyone abutter that is against this proposal. He stated the neighbor to the north has no complaints and the VFW doesn’t have any issues. Manny asked if he would be the only tenant in the new building and Jay answers yes. Brian asked Jay if there are monitoring wells there and Jay answers yes. The contamination was from the property which now is the DPW complex. Public Input: Don Cleary, VFW member just wanted to asked what the impact would be on traffic? Jay stated they would be creating more parking and he said the entire site will be repaved. Jay said they would be eliminating the grassy area and add more parking. Mr. Cleary didn’t have any issues with the proposal. John made motion to approve the SP& SPR to include the dept .comments, seconded by Brian. All in favor. Condition #1) That the plans dated January 9, 2008 and revised through September 3, 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) The dumpsters shall be shown on the plan, located on a concrete pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly Condition #7) The site shall conform to the requirements of Order of Conditions #2322 and the buffer zone shall be shown correctly on the plan Condition #8) Show the doors on the plans Condition #9) The easterly side of the swale shall be graded higher than the westerly side Condition #10) Show the oil water separator on the plan Condition #11) Add a cape cod berm on the southerly side of the parking lot Condition #12) Show the water and sewer services on the plans Condition #13) Show an easement on the plans for the future relocation of the drainage pipe that is under the existing building. This easement shall be recorded prior to occupancy Condition #14) DPW water division specifications will apply; including design, materials, installations, testing, inspection, and final approval. In addition DPW permits will apply; including City Licensed Contractor, Road Opening and or Trench Permits Hearing closed at 6:14 PM 3 Public Meeting - Site Plan Review – 800 John Quincy Adams Rd. – to modify the approved parking layout to accommodate revisions to the canopy design. The canopy column spacing has been revised and the van loading spaces need to be shifted father away from the building and as a result proposed parking along the southern property line need to be omitted resulting in a decrease of 42 parking stalls, submitted by Amazon, LLC Chairman Campbell read letters from DIRB, Historic District Commission, Water Dept., and Engineer which were placed on file. Suzanne King, BL Companies representing Amazon. The request is to push the canopy away from the building and they are keeping the loading area front. They originally has 42 stalls and for the extra vans they would have on site. Now they will park their personal vehicles in the spaces and take van out. They still have adequate parking and there will be no impact to the public. They would be moving the striping and there will be no impact to the utilities and drainage. Manny had no issues with the proposal. Public Input: No one in favor or opposed. Tony made motion to approve the Site Plan Review to include dept. comments, seconded by Arthur. All in favor. Condition #1) That the plans dated August 20, 2020 shall govern with the following additional conditions; Condition #2) The May 8, 2020 Site Plan Review approval shall remain in full force and effect except as specifically modified by this decision and plan Motion made and seconded to revert out of the regular order of business. All in favor. Special Permit -24 Winthrop St. - for a 20 Unit multi-family use in the Central Business District, submitted by MLB Realty Dev. LLC. – Need to forward a recommendation to the Municipal Council Chairman Campbell read dept. comments from the Conservation Commission, Engineer, TMLP, Water Dept. and Taunton BID which were placed on file. Atty. William Rounds, John DeSousa, and Mike Binda were into the meeting. They are here tonight for a recommendation to the Council for a 20 unit multi-family use in a CBD. They will need a Site Plan Review if approved by Council. This is the site of the former Baron Brothers which has been vacant for some time. It consists of an asphalt lot along the Taunton River in the rear. Atty. Rounds stated part of the SP request is they are seeking waiver for 2 parking spaces per unit, they are proposing 24 parking spaces. John stated the site was approve for office use when Malloch Construction but that was never constructed. John stated the basement level will be for parking and because the Mill River is a Title River they won’t need any compensatory storage. They show 20 units with 22 parking spaces. The dumpster pad will be at the end of the driveway. The first floor is on the high side and will be flush with Winthrop Street. They will removing some gravel and reducing impervious area and putting more green area. The will need sprinkler system and is aware water & sewer is available in front. Manny is very familiar with the site and his concerns with the flooding with the elevation of the river. He can’t see putting living units on the ground level because of flooding. John asked about snow removal and if there is enough room for fire trucks? Brian asked about the size of the units and if they would be market rate. Mike Binda answers he has preliminary numbers: 2 bedroom will be 950 sq. ft. at $1,400 and 1 BR will be 750 – 800 sq. ft. Brian is concerned the parking garage is going to be filled with water. He asked if the tenants will be vetted? He asked if when planning this did they look and see if development downtown is needed? He thinks there is too much development downtown. Tony asked about the foundation and the opening of the ground level parking. John answers the driveway is on right side and there is no living space within the flood plane. They do have to comply with the State Building Code and FEMA. There will be pavement in garage and the water will leave the building from come out to drainage area. They will have an oil/water separator. Brian asked why only one handicapped parking space John answers one is required for every 25 4 parking spaces. He stated the proposal is for 20 units with 22 parking spaces. It was suggested the Council look into expanding parking downtown because all these residential units approved are utilizing the public parking lots. Manny stated that bothers him. It was asked if there was an elevator and it was answered no. John stated the first floor is just about level with the sidewalk. It was suggested adding railing to make the landing/sidewalk like a ramp. The Board had concerns with these type of proposals being downtown without adequate parking. It was suggested the City needs to begin some parking authority and the beneficiaries of the parking waiver should contribute. Dennis excused himself but spoke on behalf of the Congregation Agudath Achim next door. He thinks there is a severe parking issue and he thinks 20 units is too many. He would like to see more like 12 units . He did speak to the developer and voiced his concerns. He said the church is all for the development just at a reduced number of units. John made motion to send a negative recommendation to the Municipal Council, seconded by Manny. Carr, Abreau, Campbell……NO Reardon, Spencer…Yes Motion did not pass. There was discussion about concerns with having living units on the ground level and them being flooded. Mike asked if the Board would like to see office use on bottom level instead of living units. Several members agreed that would be better. Chairman Campbell asked if there would be a manager on site? Mike stated no but he would oversee it. It was asked who does the vetting of the tenants and Mike answers he does the standard background and credit checks. Brian made motion to forward a positive recommendation to the Municipal Council with the following conditions 1. Reduce the number of units to 16 residential units with business use on the first floor. 2. All residential units to be market rate as presented. 3. Install railings to the proposed handicapped access. 4. The applicant conduct proper vetting of tenants. 5. Have a part-time manager on–site. 6. Address the flooding in the proposed parking area. 7. Install an elevator. 8. Have the City explore formulating a program of possibly collecting fees from waived parking requirements for housing projects to benefit a parking program. 6 members in favor, 1 member excused. Fuller Estates – Request to release last lot – holding $99,000 Chairman Campbell read dept. comments from Engineer, Conservation Commission, City Planner, TMLP, Water, Greenman-Pedersen outside consultant and letter from neighbor, Amanda Surgens, Jessie Lane. John stated they are not on Ms. Surgens property and the condition that she is referring to about planting trees is only required when and if the vegetation is disturbed. John stated she is actually on his property. John stated he is proposing to post a letter of credit for 106,700 for the release of the last lot. Dennis made motion to release last lot upon receipt of $106,700 in the form a letter of credit (check with Law Dept. to see if letter of credit is an acceptable form of surety) All in favor. Bella Rose Estates – relative to blasting plan - Chairman Campbell read letter from Winthrop Richardson, 130 Fisher opposed to blasting. John DeSousa stated they are here tonight to let the Board know they will have to blast and as part of the subdivision 5 approval if they needed to blast they would need to come back to the Board. John said they have spent about 6 weeks out there clearing and there is a few spots where they will need to blast. It will be a lot faster. The developer hired David Funnell and the State Fire Marshall’s Office hired 3rd party company to conduct survey of adjoining properties which were 60, 70, 81, 85, 93, 100, 113, and 130 Fisher Street. . Chuck Berube, surveying company stated they did a pre-blast survey, sent certified letters and to make an appointment, and took full survey of joints, foundation, tile floors they even have an audio/video recording. Chairman Campbell asked the blasting will include the utility trench on Fisher Street? John stated it’s just for the high point in the road. He noted 130 Fisher Street is outside the radius. Chairman Campbell stated the Planning Board has no authority to deny or approve blasting. It’s under the jurisdiction of the State. Dennis suggested once the survey is done a copy be sent to the P.B. office with owner sign off. Dave stated the video & documents are not public record. He note the Fire Dept. and Survey company will be out there to make sure we are complying. Manny stated what happens is there is damage from blasting. Dave said they could put in a claim through the Fire Dpt. And the State Fire Marshall and insurance company. Manny asked if there would be police detail and it was answered no. It was asked if they notify Police when blasting? There is no blasting on Saturdays and holidays. He stated if the Board wishes we could notify the police when we blast. Motion made and seconded to notify the police department when blasting will occur daily and provide a copy of the post-blasting report of damages to the Planning Board. All in favor. Public Meeting – Site plan Review - 350 Revolutionary Drive - for modification of an existing approval resulting in 29 box truck spaces instead of 44 van spaces, submitted by James Campbell Company, LLC. Chairman Campbell read dept. comments from the DIRB, Water Dept., Engineer, TMLP, Veolia Water/Sewer. Rich Riccio, P.E., Field Eng. representing the applicant. This is a re-development of the existing vacant building. They were here a few months ago and after discussion with the potential occupants they are seeking to change the parking. They will just need to re-stripe the spaces to accommodate the box trucks. Manny had no issues with the proposal. Public Input: No one in favor or opposed. John made motion to approve the Site Plan Review to include dept. comments, seconded by Tony. All in favor. Condition #1) That the plans dated June 5, 2020 and revised through September 4, 2020 shall govern with the following additional conditions; Condition #2) Compliance with the conditions contained in the July 13, 2020 Site Plan Review approval is required except as specifically modified in this decision. Public Meeting – Site Plan Review - 500 John Hancock Road - for the construction of an additional 621,622 sq. ft. building for a warehouse distribution facility on a lot containing 117.20 acres with an existing 680,295 sq. ft. warehouse distribution facility, submitted by Martignetti Companies. Chairman Campbell read dept. comments from the DIRB, Water, Historic District Commission, Veolia Water which were placed on file. Atty. Edmund Brennan & Dean Crandall, CFO of Martignetti, Taylor Dowd, BSC Group and Hank Tigano, project manager. Dean states they currently have a 680,000 sq. ft. building used for liquor distribution. The intent is to develop the remaining acreage and have a “sister” company. They have the same team that assisted them on the previous approval. The new building will be 621,622 sq. ft. which will bring new jobs and tax revenue to the City. Atty. Brennan stated the parcel is 108 acres and they have 2 accesses. They are proposing a 2 story building and are using it for a use allowed 6 within the district. He stated the existing building is a first class building and this new one will be the same. They will have 2 buildings on one lot with manicured landscaping. Taylor Dowd, BSC Group explained there will be 21,000 sq. ft. of office space, 149,000 warehouse and racking spaces. They have parking for 295 parking spaces and 120 dock door and 205 trailer spaces. Part of the proposal will be a stormwater system with 3 new detentions ponds. They will modify the existing detention basin. They will need an easement for Lot B5R which benefits Martignetti for the sewer. They are requesting a waiver for 50% of the required landscaping. They have a nice manicured lawn and they will design this one similar. The width of the 60 feet of landscaping is in back is a 50% reduction with a retaining wall. Prior to 2015 they received MEPA approval and they have much less traffic than what was approved. Phase I will be for utilities and the backside of the warehouse space. Brian stated he lives in the neighborhood and he has been fighting the battle for years. He asked who is the tenant? Dean stated they don’t have a certain tenant but most likely it will be a distribution center which will be a good neighbor. It will be a beautiful lot with no noises. Brian’s concerns is it will affect the people along South Boundary Road. Brian mentioned the development that will be going in, over 55 adult community mobile home park and Fuller Estates. In the past he has issues with noise, etc. Dennis state the property is zoned Industrial and this proposal will create jobs, taxes and they have made accommodations for noise with the barriers. He thinks they will be a good neighbor and an asset to the City. Brian stated he just wants a good business to go in and be a good neighbor. Dean stated people have shown interest and he pointed out they can load from both sides and the size of the building will attract tenants. Atty. Brennan stated the proposed building will be a distribution /warehouse use which is allowed under the zoning. Martignetti will be the owner and they will make sure the building compliments their own building. Tony asked how traffic will go and it was stated they can’t use Dever Drive for trucks trailers. Cameron Treffrey Architect explained how the site will function. They will enter from the roundabout take left to come around guard house area south of the building. You can exit off Dever Drive and left hand only to force trucks through the park. Bob asked how will they enforce the No left turn and it was answered there will be signage. Cameron stated the building will be a first class building with a lot of glass. It was asked how high the building would be and it was answered it won’t be over the 40 feet allowed under zoning. It was stated the current building is 40 feet. Brian asked if there would be berm towards the neighbor’s side. Taylor answered there is a berm on the existing warehouse lot with a retaining wall. The pavement is lower so it acts as berm. Chairman Campbell asked if there would be any fencing on top of wall? They are not opposed to any but there is no sidewalk but Chairman Campbell suggested for safety purposes he would like to see fencing. Brian agreed with Chairman Campbell about fencing. His main concern is noise and he is sure the business will be top notch and he is happy with the whole project but he would like to see the fence. Public Input: No one in favor or opposed. John made motion, seconded by Brian to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated September 3, 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 Building permit Condition #6) The conditions contained in the August 12,2015 site plan review decision shall remain in effect unless specifically modified in this decision 7 Condition #7) Proposed retaining walls require stamped structural engineering plans which shall be shown on the detail sheets Condition #8) Snow storage areas shall be shown on the plan Condition #9) Sewer and stormwater system encroach on abutting properties. Easements shall be shown on the plan and recorded easements provided prior to any building permits Condition #10) Compliance with an Order of Conditions from the Conservation Commission is required. Condition #11) Dever Drive is under a five year moratorium for road openings. A waiver will be needed. Condition #12) A current fire hydrant test on the nearest existing hydrant is required. Conditon#13) DPW water division specifications shall apply including design materials, installation, testing, inspection and final approval. Condition #14) DPW Permits will be required including City Licensed Contractor, Road Opening Trench Permits for the proposed work. Condition #15) Must comply with Veolia Water’s relative to the sanitary sewer layout. Condition #16) Install a continuous 6-foot tall solid fence along the top of the retaining wall at the southerly property line near the Open Space / Conservation land to protect against falls and to further attenuate facility-related noise. All in favor. Tony Abreau excused from meeting Public Meeting – Site Plan Review - 295 Broadway – Lot 1 - for the establishment of a 3,680 sq ft. retail marijuana dispensary, submitted by GTE Taunton Realty LLC, Chirag Patel, and owned by Albert Tucan. Chairman Campbell read dept. comments from the DIRB, Veolia Water, Engineer, Historic District Commission, and Water Dept. which were placed on file. Eric Dias, P.E. StrongPoint Engineer, Chirad Patel, Atty. Patrick Sullivan and Phil Viveiros, McMahon Traffic Engineers. The proposal is for a marijuana retail site and the Board’s previous concerns were relative to traffic. Now they have submitted a traffic assessment. They have submitted a Form A to create lot A & Lot B The existing site contains a tattoo parlor and car lot and they wish to convert that into the recreation retail marijuana shop. They have access through the northbound driveway on Broadway. They will be adding landscaping and will be keeping the two-way entrance. Due to the grading they will change the northern driveway to right turn only. There is adequate parking for deliveries from box trucks but mostly likely it will be vans. They will enter through a secure gate and pick up the product. They are showing the 50% reduction of the landscaping. Phil stated they conducted a traffic analysis on 3-27-2020 and the volume of traffic on Rte.138 is 20,800 vehicle trips a day. The data available was from 2013 to 2017 and there were 4 crashes were from the southerly driveway. The site distance were from a speed of 45 MPH and they did a speed study and 80% were going 40 MPH. There is 350 feet of site distance for site distance at both driveways. They suggest putting a No Left Turn at the northern driveway. John asked if they obtain any crash data from the Police Dept? They got their information from the DOT which is vetted through the local police dept. Manny is satisfied with the presentation. Chairman Campbell asked where the free-standing sign will be? He also also asked if they would be building a sidewalk? Brian asked how the traffic count was gathered and it was answered it was 8 manual counting over a hour. Brian is aware of the site distance problem and the several accidents in that area. Phil stated 850 trips represents less than 5% total traffic which will not be noticeable on a daily basis.. Brian asked if the Council put condition to require police detail and hours of operation? Chirag Patel answers the Council did not include the police detail and he thinks they did put hours. He think sit was Monday – Sat. 8-8 and Sunday 10 PM Brian asked if any taxes or fees were owed to the City and they answers if there are they will be paid prior to them buying property. He asked if they are aware of the DIRB condition and it was answered yes they are ok with them. They stated if approved their next step would be a road opening permit by Mass. DOT. Public Input; No one in favor or opposed. Manny made motion grant with the DIRB conditions: seconded by Arthur. Vote: Carr, Reardon, Ackerman……No Spencer, Lopes……….Yes Motion did not pass. The members voted no based it on the accident data, 2 way exit too close to Jackson St. intersection creates a dangerous intersection, accident data , and traffic generated from proposed use. Atty. Sullivan stated they have received an approval from the Municipal Council and the property is in a Highway Business District and he asks the Board to re-consider their vote. Manny stated the Board sent a negative recommendation to the Council for the Special Permit was based on the traffic and now you have improved the traffic. Phil stated they retrieved the crash data from the last 5 years. Chairman Campbell asked what type of crashes were they? He answered 1 was angle crash, 2 not able to be recorded and 4th was rear end collision. He knows the Board had major concerns with the two way entrance being too close to Jackson Street and they thought about moving it to the north but then the site distance is compromised. He stated due to the curve in the road they cannot move it because of the visibility. They kept the two-way entrance because it’s at the ‘high” spot. He stated they could install signage that “driveway is approaching” The average speed is 44 MPH and he stated the Mass DOT has the final say with the curb cub. Manny stated they can eliminate the one way out because it’s a blind spot because the vehicles will be on top of you when you see it. Brian stated the road itself is not properly lined and the speed creates another problem to an already bad area. This proposed use will make it more dangerous. Atty. Sullivan states the property is in the Highway Business District and a lot of other uses can go in there. He stated the site already exists and they need 2 entrances because the retail in front and truck repair in rear lot (lot 2) Atty. Sullivan asked if the Board was amendable to discussing it more? The board didn’t any other questions. Chairman Campbell said the Vote was to grant the Site Plan Review and it didn’t pass. Public Meeting – Site Plan Review – 295 Broadway -Lot 2 - A Site Plan Review for property at 295 Broadway (lot 2) for an existing vehicle repair and associated office use , submitted by GTE Taunton Realty LLC, Chirag Patel, and owned by Albert Tucan. Chairman Campbell read dept. comments from the DIRB, TMLP, Veolia Water, Water which were placed on file. Eric Dias, P.E. Strongpoint Engineering, Girard Patel, Phil Viveiros, and Atty. Patrick Sullivan was invited into the meeting. Eric states this is for Lot 2 which overlaps with the previous request (lot 1) for an auto repair with offices. There will be some improvements which include adding landscaping of which they are requesting waiver to 50% . John asked about the traffic and it was stated there will be less people coming and going compared to the previous case (retail marijuana) Brian stated realistically there will be no change to this site other than it will separated from lot 1. It was stated there will be not as many cars coming in and out. It was asked if this has a one way in one way out and it was answered yes they are using the current enter/exit. John asked if they considered putting a traffic lights? He stated there was rumor a traffic light might be going in at Broadway & Jackson St. They weren’t aware of any lights being proposed . Manny asked Phil if the same entrance would be used and he answered yes. Manny stated that most of the 9 traffic will not come from this proposal. Manny said most of the traffic will not come from this proposal. The intersection will operate at it does today. Public Input; No one in favor or opposed. Brian made motion to grant the Site Plan Review with dept. comments, seconded by Manny. Condition #1) That the plans dated July 30, 2020 and revised through August 31, 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) Dumpster shall be shown on the plans, located on a concrete pad, be enclosed with a six foot stockade fence, be kept closed at all times and be emptied regularly Condition #7) The sanitary sewer connection service crosses 289 Broadway. A copy of the recorded easement shall be provided for said crossing. In the event this cannot be provided, this service shall be abandoned and new services installed from Broadway. Condition #8) Access and utility easements for utility services and vehicular access shared with the abutting lots shall be shown on the plans. Recorded easements shall be provided to the Planning Board prior to any building permits Condition #9) The used car lot, livery and tattoo parlor uses shall be discontinued and the previous zoning approvals for said uses are superseded by this decision Condition #10) Order of conditions #2358 shall be closed out prior to Building Permit 5 members in favor, 1 member opposed. Public Meeting – Site Plan Review – 9 Cape Road - for a 3,056 sq. ft. retail marijuana facility, submitted by Tree Market Taunton, LLC, owned by Dennis Borges. Chairman Campbell read dept. comments from the DIRB, TMLP, Engineer, Historic District Commission, Water Dept., Engineer, Veolia Water were placed on the file. Atty. Edmund Brennan representing Tree Market LLC was invited into the meeting. This proposal was before the Planning Board for the Special Permit for the use with the Council and the P.B sent a positive recommendation. They went before the Conservation Commission and received an Order of Conditions and they have gone before the DIRB. He stated this is a good site because tis surrounding by various businesses. Atty. Brennan stated they installed a new traffic light just down the road which manages the traffic on Rte. 44. Jeff Tallman, Sitec spoke about the siteplan. There won’t be a lot of changes to the site. They will be removing a portion of the exiting gravel parking and will pave and install water control. John asked if this will be by appointment only and he that was discussed but the Council did not put that as a condition. Atty. Brennan stated they will take direction from the Police Dept. if that is suggested. Brian drove by and asked what improvements will be done to the building Jeff stated they will rehab the building. The employees will be parking on the gravel area of the parking lot. Brian stated this site is away from any neighbors and but Rte. 44 is a very dangerous and busy street. It was stated the applicant is comfortable with this site because it’s small. Jeff said there would be changes to the access and it was noted there is one entrance/exit. Dennis thought this site would be good because it’s in an area of business and the lights are down the road and it doesn’t affect any residences. Public input; No one in favor or opposed. John made motion to approve the Site Plan Review to include the dept. comments….seconded by Arthur. . 10 Condition #1) That the plans dated August 5, 2019 and revised through October 15, 2019 shall govern with the following additional conditions; Condition #2) Lighting shall not illuminate any portion of abutting properties Condition #3) The site shall be kept clean and clear of debris Condition #4) Two 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) Compliance with the Conservation Commission Order of Conditions #2842 Condition #7) Drainage flow shall be contained to not flow onto 3 Cape Road or 13 Cape Rd. Condition #8) Show aisle width on the plans Condition #9) A copy of the flood elevation certificate must be provided for the file. Condition #10) A hazardous materials permit from the Board of Health is required. Condition #11) The proposed fence along the sideline with 3 Cape Road shall be shown on the plan. Condition #12) An 81X plan shall be recorded combining the multiple parcels and a copy of the plan for the file prior to any building permits. Condition #13) The dumpster shall be located on a concrete pad, be enclosed with a stockade fence, be kept at all times and emptied regularly. All in favor. Public Meeting – Site Plan Review – 354 Winthrop St. - for a 4,140 sq. ft. recreational marijuana dispensary submitted by HTC Trinity, LLC, owned by Weder Pereira. Chairman Campbell read the dept. comments from the DIRB, Veolia Water, Water., Engineer, TMLP which were placed on file. John DeSousa, NorthCounty Group and Kyra Fernandez was invite into meeting. John shows the plans showing 2 curb cuts and parking to left and right. There will be a secured loading zone and the dumper will be located on the back side of the loading side. The plans shows 65 parking spaces. John stated most of the vent pipes are staying and a few might have to be moved. He showed the sewer connection under the basin and because of that it can be easily moved They will be moving the security fencing and will put erosion control as right as possible. Manny asked if the applicant is the owner and it was answers she has a P&S. Manny reminded the Board this was the property that informed the owner to clean up his site because he dint’t have any approval for what he was doing. Manny stated he didn’t’ clean it up and now want to sell it to make a profit. John stated at the last meeting on this he made motion to forward a letter to the Zoning Enforcement Officer to have the owner clean it up. John is mad at the owner, no the applicant. Kyra stated there was a lot more machinery on the property before and the owner did clean it up. She advised the Board to send him another letter because she thinks he’s under the impression he did what he was suppose to? John asked her if she would be selling edibles and she answers yes. Brian asked if she is aware if the owner owes any taxes or fees to the city and she answers she didn’t’ know. Brian stated at the last meeting the traffic engineer gave presentation so unless there are any questions they don’t have to present it again. It was noted that perhaps she could work with neighboring property owner (City) to trim back the foliage for better site distance. It was asked if she had her community meeting and she answers yes. Public Input: No one in favor or opposed. John made motion, seconded by Dennis to approve the Site Plan Review with the following conditions: Condition #1) That the plans dated September 3, 2020 shall govern with the following additional conditions; 11 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 Building permit Condition #6) Dumpster shall be located on a concrete pad, be enclosed with a six foot stockade fence, be kept closed at all times and be emptied regularly Condition #7) The proposed sanitary sewer connection is in conflict with the proposed detention pond location. The specifications require four foot depth of cover from the crown of pipe to the top of soil. Condition #8) This property will require a private pump system to connect to City Sewer. The pump system is not shown. Condition #9) DPW permits will be required including City Licensed Contractor, Road Opening ad or trench permits for the proposed work Condition #10) DPW Water Division Specifications will apply including design, materials, installation, testing, inspection and final approval Condition #11) A Mass Highway curb cut permit is required and a copy shall be filed with the Planning Board prior to any building permits Condition #12) The 12 foot utility easement shall be labeled and remain undisturbed Condition #13) soil erosion and secure fencing shall be shown at the limits of work and not the property line Condition #14) A confirmatory deed must be recorded and a copy provided for the file prior to a building permit. Condition #15) A hazardous materials permit is required from the Board of Health. Condition #16) A copy of the Activity and Use Limitation must be provided for the file prior to building permit Condition #17) The 100 buffer zone shall be shown correctly on the plan. Condition #18) A surveyor stamp must be provided on the plans. Condition #19) Work with the City to trim the vegetation encroachment along the property line and adjacent cemetery. All in favor. Meeting adjourned at 10:45 PM 12