Planning Board

************************************************************ TAUNTON PLANNING BOARD MINUTES Meeting held at 15 Summer Street ************************************************************* DATE: November 5, 2020 BOARD MEMBERS: Bob Campbell, Chairman Anthony Abreau Arthur Lopes, Vice Chairman John Reardon Manuel Spencer, Clerk Dennis I. Ackerman Brian Carr ADVISORS: Michael Patneaude, City Engineer Kevin Scanlon, City Planner __________________________________________________________________________ Roll Call: Reardon, Lopes, Spencer, Carr, Ackerman and Campbell present. Meeting opens at 5:34 PM. By virtual means (Zoom) Arthur made motion to accept October 1, 2020 minutes, seconded by Manny. All in favor. Public Hearing – Definitive Subdivision – Perry Estates – to be located at 35 Highland St. – creating 14 residential lots – submitted by NorthCounty Group on behalf of Sheila Abreau, owned by Wayne & Karen Perry. Roll call: Carr, Reardon, Lopes, Ackerman, Spencer and Campbell. Hearing opens at 5:34 PM Chairman Campbell read the public hearing notice, dept. comments from the City Engineer, City Planner, Water Dept., Conservation Commission, and B.O.H. which were placed on file. John DeSousa, NorthCounty Group, and Atty. William Rounds were invited into the meeting. John states he is representing the petitioner who is proposing a 14 lot residential subdivision to be located off Highland Street, 35 Highland Street. They have been to the Conservation Commission and have revised plans to accommodate their issues. They are out of the 25 foot no touch zone and they have re-designed the detention basins per the City Engineer’s letter. They will be using the Bradley catch basins. John stated he has no issues with the City Engineer’s comments. John stated the waivers they are requesting is 26 foot wide pavement width and one sidewalk, eastern cedar trees instead of the other species specified in the ordinance. Brian asked what is the depth of the detention basin and it was answered around 3 ½ feet. His concern is safety and what is being done to ensure the safety of children? John stated they could put fence at the upper portion of the berm. John said they will be putting trees up there to blend in with the area. John R. asked about the utilities and it was answered they would be underground. It was asked about the site distance and John stated the revised plans show the 200’ foot site distance which is the requirement. It was asked where the snow removal will be and it was answered the back of the cul-de-sac. At this time it was brought to the board’s attention that the meeting wasn’t livestreaming and Chairman Campbell informed the applicants that the Board can’t hold any public hearings it it’s not livestreaming. Atty. Rounds agreed. Motion made and seconded to continue ALL public hearings on the Agenda to the December 3, 2020 meeting. 1 Public Hearing – Special Permit – 3 Winthrop Lane - For a single family dwelling in a Highway Business District on property at 3 Winthrop Lane, also known as Assessor’s property I.D. 88 - 66 , Taunton, Ma. CONTINUED TO 12-3-2020 Public Hearing - A Special Permit/Site Plan Review - 24 Winthrop Street - for the construction of a 3 story commercial (4,600 sq. ft. office/retail ) and 16 residential apartments, submitted by MLB Realty Development, owned by NASAP Bastis, LLC CONTINUED TO 12-3-2020 Public Hearing - A Special Permit/Site Plan Review - Bay Street, Property I.D. 14-7 - for the construction of a three-story 30,000 sq. ft. commercial building consisting of a bank and office space with 3 drive-thru bays, 111 parking spaces and municipal utilities, submitted by Joseph Baptista, JR., Pres. & CEO, Mechanic’s Co-Operative Bank, owned by Koffler/GID Taunton LLC. CONTINUED TO 12-3-2020 Public Hearing – Form J Plan – Waiver of Frontage Requirements – to create two buildable lots on property located on the east side of Tremont Avenue, west side of Davis St. known as Assessor’s Map 53, Lot 302 & 313, submitted by Paul Bourdeau CONTINUED TO 12-3-2020 Letter from Lewis & Sullivan, P.C.- 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. Reconsideration of vote Chairman Campbell read letter from Atty. Sullivan asking the Board to re-consider the vote of the last meeting. The motion to grant the Site Plan Review did not pass and you cannot deny a Site Plan Review. Dennis stated at the last meeting he kept getting knocked off and he got confused on what case they were voting on. He would have voted for it last month. Dennis made motion to re-consider the vote from last month and approve the Site Plan Review as presented, seconded by Arthur. Arthur reviewed the case and he would be still voting no. Dennis withdrew his motion seconded by Arthur. On discussion letters from the Law office and City Planner were read into the record. Brian stated he was unhappy with the law department’s letter because he thinks it’s his job as a Planning Board member to look out for public’s safety. He stated the City’s is more concerned about getting sued if they don’t approve it. Arthur agrees with Brian. Dennis stated he understands their concern about safety but the Council approved the Special Permit and the Law Dept. is just letting us know what the law states. We can place conditions on a Site Plan Review but cannot deny. Brian disagrees with the Law Dept. and we didn’t deny it we just didn’t grant it. Brian states, in his opinion, it’s a dangerous plans and it’s the planning board’s job to make sure the site is safe. He stated in the board’s recommendation to the council for the Special permit we put out concerns relative to the traffic and entrance/exit. Chairman Campbell agrees there are concerns within the site itself and we included them with our recommendation to the council. Manny understand Brian’s frustration but the council overruled us. John agrees with Brian about the dangerous road and thinks a traffic light should be considered. Atty. Sullivan requesst the Board to re-consider the vote and approve as presented. Atty. Sullivan respects the Board’s concerns but their concerns are beyond the scope of what they have jurisdiction over and it was clearly stated in the Law Dept.’s letter. The majority of the Board’s concerns is traffic that they think will be generated from the proposed use on the site and that was already discussed at the public hearing with the City Council. Chirad Patel, CEO, GTE Taunton stated the use in the Highway Business District has been approved. John stated if he wants to satisfy the Planning 2 Board then he suggests moving the entrance/exit on the hill. Brian stated the actual entrance/exit is under the planning boards’ jurisdiction and also the site line distance. Brian stated the last meeting discussion was about traffic but it was also about the entrance/exit closest to Jackson Street. Arthur also agrees and suggests they go back to re-design it. Atty. Sullivan requests the Board to re-consider and they can go back and look at what they can change. Brian said the project has to be safe and his concerns are people taking left out of Jackson Street and then there is an entrance/exit on the right which he thinks will cause traffic backup. Dennis made motion to re-consider the previous vote and continue to next month to allow petitioner time to make changes. Seconded by Manny. All in favor. Crowley Estates – request to release lots 1-5 Letters from City Engineer, City Planner and outside consultant was read into the record. The City Planner brought to the Board’s attention that the As-Builts should not be included in the completion cost because the Mylar Deposit of which is posted separately is for that. John Garanito stated he was ok with the recommendation of the City Planner. Dennis made motion to release lots 1-5 upon receipt of $9,000 per lot. Seconded by John. All in favor. Leona’s Lane – Request for lot releases - request to release lots 1-16 Letters from City Planner, City Engineer and outside consultant was read into the record. Karen Patneaude, Earth Services Corp. representing the developer stated they are asking for release of the first 6 lots without any surety and then release of lots 7-16 with the extra surety. She stated the remaining work is sidewalks and topcoat. It was asked if the Board requests double the amount and it was answered that is when the last lot is released. Manny made motion to release lots 1-6 with no surety be required and lots 7-16 upon receipt of $18,300 per lot, seconded by Dennis. All in favor. Crystal Estates – Request for lot releases – release 2 lots Letters from City Engineer, City Planner and outside consultant was read into the record. Developer Al Endriunas stated he had no issues with depts. Recommendations. Dennis made motion to release lots 3 & 8 upon receipt of $10,700 per lot, seconded by Arthur. All in favor. Segreganset heights II – Acceptance of Morgan Drive & Quarter Court - letter from City Engineer. Letter from City Engineer recommending acceptance of Morgan Drive & Quarter Court. Dennis made motion to forward a positive recommendation (on the recommendation of the City Engineer) to the Municipal Council to accept Morgan Drive and Quarter Court as public streets, second by Manny. All in favor. Wilmarth Street –request refund of escrow monies - Request from AC Realty Trust for refund of escrow monies. Chairman Campbell stated this was for a Roadway Improvement Plan that was never built. The initial escrow amount was $1,500 and the balance is $1,255.50 of which needs to be returned. Dennis made motion to refund the $1,255.50 to AC Realty Trust, seconded by Brian. All in favor. Meeting adjourned at 6:57 PM. 3