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Planning Board

Regular Meeting

Taunton, MA · November 3, 2022

AgendaMinutes

Minutes

************************************************************************************* TAUNTON PLANNING BOARD MINUTES Meeting held at 15 Summer Street ************************************************************************************* DATE: November 3, 2022 BOARD MEMBERS: Anthony Abreau, Chairman Michael Monteiro Bob Campbell John Reardon Manuel Spencer, Clerk Dennis I. Ackerman, Vice Chairman Brian Carr ADVISORS: Kevin Scanlon, City Planner Michael Patneaude, City Engineer __________________________________________________________________________ Roll Call: Ackerman, Campbell, Reardon, Spencer, Carr, and Monteiro present. Meeting opens at 5:30 PM Bob made motion to accept minutes of Oct. 3, 2022, seconded b Manny. All in favor. Vice Chairman Ackerman explains the process. They hear presentation from petitioner, hear opposition and in favor and then go back to petitioner to answer any questions. They do not go back and forth. Highland Heights – E-5 – completion of Subdivision & release of all monies - (Bridget Dr. & Saint’s Way) -holding $36,000 plus $24,000 mylar deposit – Dept. comments from TMLP, B.O.H., Engineer, City Planner, Conservation, and outside consultant. Bob made motion to find the subdivision to be complete, release all monies, and release mylar deposit after the street acceptance public hearing. Also forward a positive recommendation for Bridget Dr.& Saint’s Way to become a public way, seconded by John. All in favor. Public Hearing- Proposed Zoning Changes – dated 10-4-22 To add the “East Taunton MBTA Commuter Rail station on County Street” shall be comprised of assessors parcels 107-48, 107-51 through 107-62, 108-1, 108-2, 108-4, 108-5, 108-8, 108-9 108-11 through 108-19, 118-7, 118-8, 118-39, 118-40, 118-41 and 126-5 . To remove TOD West consisting of assessors parcels 55-760, 55-759, 55-761, 55-762, 55-763, 55-764 And to remove TOD East consisting of assessors parcels 65-347 through 65-359, 65-779, and parcel 65-780 . Chapter 440 Article 17 – Transit- Oriented Development District - Sections 1701-1708. Hearing opens at 5:34 PM – Roll call: Campbell, Reardon, Ackerman, Spencer, Monteiro and Carr present. Kevin Scanlon, City Planner was invited into the enclosure to give presentation. He has been asked by the administration to create an overlay district for the purpose the commuter rail in order for the City to be eligible for grant funds. If we don’t have this overlay district the City won’t be eligible for funds. The overlay district will allow for uses allowed by right. The affected are near the galleria mall site and the other one is off Dean Street. There is a Transit Oriented District along Rte. 44 Dena St. but the request is to remove that and will replace it if needed in future . They will replace it with the property I East Taunton, the old Galleria mall, former driving range site, target and self -storage site. It has to be within ½ mil of the train route. Kevin stated they are bringing the text into compliance relative to number of units and clarifying the Site plan Review process. Changes also include parking ratios, 40B projects updating to the required 10% minimum affordable units. Manny asked if we have to eliminate the TOD along Dean St. and Kevin 1 recommends yes. They can re-institute it later. Kevin stated the height of the building they made conscious decision to put it in. The base density minimum is 15 and they went with 20 units. Clarified some uses. He stated all the existing is to remain. Brian asked if they could restrict the type of 3 family they could build.? Kevin stated they can’t they are putting tools on the table. He stated they clarified the SPR language Bob asked if there are any performance standards when designing 3 family dwellings and putting parking in front. He would prefer having driveway off to the side, not the entire front yard. He would like 3 family use taken out of the TOD. Public Input: Paul Monteiro, 55 Debra Drive asked if a developer wanted to build a 20 story hotel they can? Kevin stated the maximum height is 5 stories, 65 feet and are subject to setbacks, landscaping, parking requirements. Mr. Monteiro has lived there for 40 years he’s opposed to the proposal. Bob stated these changes will increase the likelihood of something like that going in. Public Input closed. Mike asked about the maximum 85% pervious area? He stated some parcels in this area have some wetlands on them. Brian asked if a 5 story building went up will it affect the neighborhood? Kevin answers that Debra Drive is the only neighborhood the train is abutting. Mike asked if the uses are allowed by a Special Permit by some board and Kevin answers yes. Bob suggests having something similar to the aviation easement like they did at airport? Kevin said if they put a 5 story building it won’t be on at edge of property. It was asked if we can restrict to a number of stories in certain areas of the district? Kevin answers no he doesn’t think so because the district has to be uniform. Brian asked if the ZBA is the granting authority for SP and it was answered yes. Dept. comments from the Board of Health and Conservation Commission was read into the record. Manny made motion to forward a positive recommendation on the proposed zoning changes with the following condition: 1. Delete Three Family Use in the Transit-Oriented Development District - Section 440-1706 – Use Regulations All in favor. Hearing closed at 6:00 PM Kevin Scanlon excused. Public Hearing - Special Permit/Site Plan Review -Cape Road, 71- 43 - for the construction of a 4,800 sq. ft. building (3,900 sq. ft. automotive repair shop and 900 sq. ft. associated office space) in the Highway Business District, submitted by Theresa Souza, Trustee JJ Realty Trust Roll call: Carr, Monteiro, Spencer, Ackerman, Reardon and Campbell present. Hearing opens at 6:00 PM Dept. comments from DIRB, Conservation Commission, Eng. and Water Dept., Atty. Dan deAbreau and John & Julia Almeida, Ryan Maxwell, Bracken Eng. were invited into the enclosure. They are proposing to construct a 4,800 sq. ft. single story auto service shop and office. They will move their existing business which is being this property to this site. The proposed use will be in harmony with the area, there is currently a gym, gas station and store in the area. They do not need any zba approval. Ryan Maxwell, Bracken Eng. stated the building will consist of 4,800 sq. ft and 3,900 sq. ft .will be auto repair and 900 sq. ft. office. They have already filed for a curb cut and will be asking for a waiver of 50% and will be putting in 55 shade trees, and 151 shrubs. They will comply with stormwater management requirements which is quite substantial. Manny asked if there is any sewer close by and it was answered no. Brian asked if they will have any neighbor when moving in and it was answered no. The abutters to the left, Wilson had some concerns and they have addressed them. Brian asked what size garage you have now and it was answered 41’ x 41’. They have no issues with comments from the City Eng. They will be connecting to city water and have on-site septic system to the rear of the building. They would like to see if they could reduce the landscaping more and they would need zba approval for that. Bob asked the soils don’t look great and do they have provisions for percolation? They conducted tests pits in back and the soil is better. 2 John made motion approve the Special Permit/Site Plan Review with the follow conditions: Condition #1) That the plans dated October 3, 2022 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 six parking spaces to the rear shall be labeled as storage spaces and 4 additional spaces shall be added in this rear area. Vehicles waiting to be worked on and waiting to be picked up shall be stored in these defined spaces only Condition #7) A hazardous materials permit is required Condition #8) fix freestanding sign note. Maximum allowable sign size is 60 sq ft Condition #9) show the aisle width on the pans for the vehicle travel lanes between the parking spaces Condition #10) add the bar scale and scale to sheet 4 of 6 Condition #11) all drain lines shall be a minimum size of 12 inches Condition #12) a Mass DOT curb cut permit is required prior to any building permit Condition #13) sidewalk shall be a minimum of 5 feet wide excluding the curbing Condition #14) no exterior storage of products or materials is permissible Notes Note 1) DPW permits are required including city licensed contractor, road opening and trench permits. Plans shall be submitted to DPW for water services, fire service line, gate valves and curb stops Note 2) DPW specifications shall apply including backflow devices, pressure testing, materials, installation, inspection and approval and prior notice is required before any city water work is to be performed and inspections are required prior to backfilling Vote: 6 In Favor Robert Campbell YES Manuel Spencer YES John Reardon YES Dennis Ackerman YES Michael Monteiro YES Brian Carr YES Anthony Abreau absent Hearing closed at 6:12 PM Public Meeting- A Roadway Improvement Plan – Maynard St., Hunter St. and Little Street – located off Williams St. – Improvements consisting of 26 foot pavement width for a length of 1,121 feet for future development of Map 80, parcels. 65, 66 and 67, submitted by Eastside Development LLC John DeSousa, Northcounty Group, and Mac Mason was invited into the enclosure. John stated they are proposing to improve old streets and make them pubic. They are proposing a 26 foot wide with sloped granite curbing and add drainage, sewer and water. They will have 2 drainage basins which will be maintained by the homeowner’s association. Vice Chairman Ackerman stated the property is in Urban Residential District and the new lot size is 10,000 sq. ft. and under the most recent zoning changes they can put a triplex on each lot by right. Manny asked how many units will they be putting there? John D. stated there will be 8 lots and they are reviewing their options. They will be improving 1,000 feet of roadway and utilities which will be about $800,000 The sewer and water will be coming down Maynard Street and go 3 down Little Street to Hunter Street. They will file a form A to create the 8 lots. Manny stated the planning board was against reducing the lot size to 10,000 but the council voted to change it. Vice Chairman Ackerman he’s not comfortable to vote on something when he doesn’t know how many units will be there. Bob stated this Board has to determine the proposed improvement are suitable for the intended use. So the Board need to know what the intended use is. Brian stated the Board was not in favor of the smaller lots in the URD. Dept. comments from the City Planner, Engineer, Conservation Commission, Water and B.O.H were read into the record. Public Input: Opposed: George Moitoza, representing his parents, Joseph & Maria Moitoza, 60 Steve Drive.. He stated in 1984 – 1988 M. Perry Construction had flooding and when they added sewer they put drainage on his property (between 40 & 60 Steve Dr.) He is worried about runoff. He is hoping to have a privacy fence about 8-10 feet in height between road and along Williams Street. Mario Morgado, 40 Steve Drive opposed. Bob asked about the catch basin and stormwater drain? John D. stated there is an easement on their property. Bob stated the street is higher. He stated there might be a bigger problem betwenn10 & 20 Steve Dr. He asks to show drain on plan. Vice Chairman Ackerman asked how much time do they need to show the layout of lots and John D. stated a continuance till next month will be ok. Bob suggests showing the site distance from the right spot. He also pointed out the soil lots are at the detention areas and is there any overflow? John D. answers there is a larger one near the wetland. They have an emergency spill on Hunter Street and it connects over the basins off Hunter St. He should show where the water is going. Brian asked what is the depth of the detention basins? John D. answers 5 feet. Brian suggests putting fencing around detention basin. Mike asked if they will have underground or above ground utilities? John d. stated they will weigh out the cost. It was suggested looking at the turnaround also. Mike made motion to continue to December 1, 2022, seconded by Manny. All in favor. Public Meeting - Site Plan Review -81 Taunton Depot Drive – for parking lot improvements which include increasing the drive-up stalls to 24, adding 1-2 light poles, one 12’ solar-powered drive-up beacons, 24 directional post with panel signs (one at each stall) team member curb ramp, crosswalk, and necessary stop control (as needed) for access to drive up parking areas, design will provide 6’ walkway between parking stalls for team member access to each stall, submitted by Target Xavier Ritter, Kimley-Horn & Assoc. Inc., was invited into the enclosure. He stated he is here tonight for the drive-up program which is contactless and is growing in popularity. The site currently has 8 drive-up stalls and they are proposing to re-stripe and add 24 stalls, adding crosswalk, 2 stop bars,2 stop signs, curb ramps. The pedestrian foot traffic won’t be interfered. They will add solid lights to help customers find their way. They are proposing 12 double sided signs at the head of the stalls. Mike asked if they are proposing any surveillance lighting? They are not adding any additional lights, they will be using existing lights. Manny stated Target has one of the best surveillance in the city. Xavier stated the site now has very minimal drive up spaces because it was rushed due to covid. This proposal is a more efficient and safer plan. Bob asked about the lighting at top of 12’ post? Xavier stated it will be lighted on top. He thinks it’s a good idea. Dept comments from DIRB, Conservation Commission, Water and Engineer were read into the record. Xavier asked if they could eliminate condition #3 in the DIRB because they can add loading aisle to the southerly 2 spaces. The said they would lose 2 parking spaces but they have 540 spaces and only required to have 425 spaces. Bob made motion, seconded by Brian to approve SPR with eliminate condition #7 and the following conditions: Condition #1) That the plans dated September 7, 2022 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 4 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 the start of any work Condition #6) That the previous site plan review approvals shall remain in full force and affect except as specifically modified in this plan set and decision Condition #7) Add access aisle in front of the 2 southerly drive up spaces Vote: 6 In Favor Robert Campbell YES Manuel Spencer YES John Reardon YES Dennis Ackerman YES Michael Monteiro YES Brian Carr YES Anthony Abreau Absent Public Meeting - Site Plan Review -400 Winthrop St.- to allow change in traffic flow for a change of use from convenience/liquor store to Cannabis Dispensary submitted by Bask Inc. owned by Peter Cullen Jeff Tallman, Northeast Engineers, and Tim Keeto, Bask, Inc. Jeff stated the main trigger was the change in traffic flow on site that brings us here tonight. Bask was before the Council and the Planning Board sent their negative recommendation to the Council and the Council denied the Special Permit. Jeff stated they incorporated the Planning Board’s concerns in this proposal. Bask appealed the Council’s denial and received a positive ruling from court. Jeff stated they are proposing the employees parking on west side and customers use 17 spaces on other side. They are proposing a left turn exit only from Cohannet Street. This site was a former convenience store/ liquor store and now they want to change of use to retail cannabis. They are 17 customer parking spaces and 12 employee spaces. The council wanted left out from Cohannet Street. The DIRB suggests making it a 2 way unrestricted access but neighborhood concerns were brought up and it’s up this Board if they want to entertain that? When they applied a few years ago there were only 100 dispensaries in Mass there are there 260. Mike was concerned with people using Cohannet St.as a cut through. He would like to see no exit or entrance from Cohannet St. Manny stated he waited 5-10 minutes trying to get out from Cohannet St. and he thinks people will turn right onto Cohannet Street . Jeff stated the convenience store has been there 12 years and he doesn’t think this business would add traffic. He thinks the the gas station across street adds to the volume of traffic in the area. They designed the site with DOT in mind. Bob asked the entrance opposite the gas station isn’t a two-way? Mike stated for a better traffic flow widen the entrance. Dennis suggests shutting off Cohannet Street and open both on Winthrop Street. Dennis stated he assume the Court order the Council to approve the Special Permit and law dept. suggest all go smoothly. Brian also is in favor of shutting down Cohannet St. Bob points out the sidewalk pattern and mulch area? It was noted they are leaving the sidewalk in. He suggests continue sidewalk and connect. Jeff stated they could eliminate the Cohannet Street exit but asks if they could not put a restriction of employee parking as suggested in DIRB. He stated the only time they would need all parking spaces is when there is a shift change. Public Input: Deborah Bianchi, 1375 Cohnannet St. is in support of closing off Cohannet St. exit. Brian asked what are the hours of operation? That will be determined when they issue the actual license. It was asked where the products come s from and they answered from Freetown. 5 Mike made motion to approve the SPR with eliminating condition # 6 on DIRB and the following conditions: Condition #1) That the plans dated October 6, 2022 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 door in front of the building shall be removed Condition #7) the vehicles access in front of the building shall be two way Condition #8) a cross hatched paved area shall be added in the northeast corner to allow for three point turns Condition #9) A copy of the Mass DOT curb cut permit shall be provided prior to any occupancy permits Condition #10) show the reduction in lot coverage on the plans and demonstrate that the proposed swale will contain all the runoff Condition #11) Eliminate the curb cut on Cohannet Street and provide curbing and continue sidewalk to Winthrop Street. Condition #12) Widen the easterly curb cut on Winthrop Street and make it both entrance and exit. Condition #13) Make the westerly curb cut right turn in and right turn out, enforced by a triangular island. Notes Note 1) DPW permits are required including city licensed contractor, road opening and trench permits. Plans shall be submitted to DPW for water services, fire service line, gate valves and curb stops Note 2) DPW specifications shall apply including backflow devices, pressure testing, materials, installation, inspection and approval and prior notice is required before any city water work is to be performed and inspections are required prior to backfilling Vote: 6 In Favor Robert Campbell YES Manuel Spencer YES John Reardon YES Dennis Ackerman YES Michael Monteiro YES Brian Carr YES Anthony Abreau absent Public Meeting - Site Plan Review - 100 Revolutionary Drive and property I.D. and 119-17, 119-18 and 119-64 - for the construction of a 234,260 sq. ft. building (222,508 sq. ft. warehouse use and 11,752 sq. ft. office use) with 334 parking spaces, 34 loading spaces, and 59 trailers spaces submitted by NorthBridge Partners. Owned by Cifton Realty LLC, Taunton L&U LLC, Cotley Street Realty LLC and Revolutionary Drive LLC Matthew Costa, Sr. Project Mgt. Beals Assoc, Jeff Sullivan, Northbridge Partners, George Green, General Contractor, National Construction, and Tim Maury, Engineer, Beals Assoc. were invited into the enclosure The property is along Rte. 40 and Stevens Street, parallel to Rte.140 is Jordan’s Furniture and Granite City. The whole lot is in the Industrial District and some abutters are in the Rural Residential District. They have 4 different lots that will be combined by an 81X plan. They filed with the Conservation Commission and have meeting on Nov. 14th . The topography of the lot comes down little with a little grade change. There is no drainage now on site. They will be about 900 feet away from Revolutionary Dr. and they don’t’ have a tenant for the office use. There will be 309 parking spaces, 33 loading spaces, 35 trailers storage spaces with 6 22 on loading apron. There is access from Revolutionary Dr. and they will re-locate the guard shack. There is a single entrance off Revolutionary drive and they will have 6 electric vehicle spaces. After the Form A plans is filed there will be 51 acres remaining with Greenscape. The majority of the traffic will be coming from Rte. 140 . There will be 948 vehicle trips. 138 truck trips overall which is a pretty low impact. The height of the building is 44 feet and there will be lots of landscaping. There will be 2 detention systems that will flow through the water quality systems. There will be 3 sewer locations and all utilities will run through Dever Drive. Public Input: No one in favor or opposed. John made motion, seconded by Bob, to grant the SPR with DIRB and following conditions: Condition #1) That the plans dated October 6, 2022 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 property lines shall be resolved in the proposed configuration via a recorded plan prior to any Building permits Condition #7) The plus and minus notations in the office area and zoning analysis shall be removed Condition #8) Bollards shall be installed in the overhead door areas unless oil/water separators are installed Condition #9) The guard shack shall be moved easterly further on site to allow for additional stacking Condition #10) The pipe drainage schedule shall be updated with the missing items Condition #11) Vehicles shall be encouraged to not take right turns onto Stevens Street Condition #12) Retaining walls above 4’ high will require stamped structural design plan. Condition #13) All vehicles used by the business (trucks, tractors, box trucks) and company owned vehicles shall be registered in Taunton, Ma. Notes Note 1) DPW permits are required including city licensed contractor, road opening and trench permits. Plans shall be submitted to DPW for water services, fire service line, gate valves and curb stops Note 2) DPW specifications shall apply including backflow devices, pressure testing, materials, installation, inspection and approval and prior notice is required before any city water work is to be performed and inspections are required prior to backfilling Vote: 6 In Favor Robert Campbell YES Manuel Spencer YES John Reardon YES Dennis Ackerman YES Michael Monteiro YES Brian Carr YES Anthony Abreau absent Meeting adjourned at 8:03 PM 7

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