Planning Board

************************************************************************************* TAUNTON PLANNING BOARD MINUTES Meeting held at 15 Summer Street, City Hall, in the Chester R. Martin Municipal Council Chambers ************************************************************************************* Amended minutes DATE: December 7, 2023 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: Abreau, Spencer, Reardon, Ackerman, Carr present. Meeting opens at 5:30 PM John made motion to approve minutes of November 2, 2023, second by Brian. All in favor. Public Hearing – 136 Alanita Dr. -Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a 1,150 sq. ft. Accessory Dwelling Unit in a Rural Residential District. Request from Atty. Dan deAbreu requesting a continuance to next meeting Jan. 4, 2024 Manny made motion to continue to Jan. 4, 2024, seconded by Brian. All in favor. Roadway Improvement Plan – Maynard, Little & Hunter St.- request to post monies to put 7 foundations in prior to improvements being done. Chairman Abreau stated he would not be in favor of allowing any building before the improvements are done. Manny agrees. Brian states there is a reason we have rules in place and he agrees with Tony & Manny. Brian stated they don’t want to set a precedent. The City has rules and things are supposed to be done in a certain order. Dennis agreed work should be done before improvements. Chairman Abreau stated he would like to see the utilities, drainage & up to binder course be done before any building permits. Dennis asked John DeSousa if he has ever had experience in other communities if this has been allowed? John answers no. Brian stated he remembers an incident at the Bay Street condos that the foundations were put in and they sat for years. Dennis made motion to deny request, seconded by Brian. All in favor. Public Meeting- Site Plan Review Modification - Galleria Mall Drive. (prop. I.D. 126-5, 118-41, 118- 39, 118-8) for 994,480 s. f. of industrial/ warehouse space in the Business District, submitted by Portman Holdings Todd Maury, Beals Associates and Matthew Costa, Project Manager, Beals Associates were invited into the enclosure. Dept. comments from DIRB, Fire Dept., and City Eng. Dennis asked about the ZBA approval a few months ago for 4 buildings and now there are 3 buildings? Todd stated they are now proposing 3 buildings, they dropped the smaller building in the corner. They did receive P.B. Site Plan Review approval, ZBA variance for height and conservation commission approval. They were not able to secure any tenants 1 with the previous approval. This is an amendment to the site plan review and they are planning on building these buildings right away and get tenant. They had one tenant for one big building but they didn’t come to fruition. The circulation is the same, single side loading aprons, and the majority of the site is the same. The 3 buildings totaling 995,900 sq. ft. which is 8% less than before. The smaller building is gone and that lot will be used for trailer storage. Their Order of Conditions expires in 2024 of which they intend to extend it. The DIRB wants to show property lines of lots of which they will be filing a Form A (ANR) plan asap. There is a slight reduction of the 2021 proposal. Dennis said it would be more prudent if they get a tenant first and then come here? He stated every time something comes up for this property it gets the tax payers worried. Todd stated FedEX was supposed to go in but that fell through. Todd stated that’s a good point and now they can say they will be building these buildings before tenant. They got rid of the double loading and now have single loading. Brian asked if they had tenant now and it was answered no. Todd stated coming out of Covid it affected the building industry. The industry is now building big buildings and get the tenant later. Brian asked about the tax revenue. Public Input: No one in favor or opposed. John made motion to approve the mod of Site Plan Review with landscaping waiver, to include dept. comments, for LOT 1 having a 295,573 sq. ft. building of industrial/warehouse space in the Business District at Galleria Mall Drive, prop. I.D. 126-5, 118-41, 118-39, and 118- 8. Condition #1) That the plans dated October 13, 2023 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) All access and utility easements shall be shown on the plans and recorded prior to any building permits Condition #7) That the previously granted variances and special permits granted by the ZBA shall be null and void; ZBA case #3225, case #3323, case 3233, case #2818, case #1966, case #1854, and the portions of ZBA case #1727 referencing parking space sizes and on premise signs as well as the portions of case #3247 referencing faced signs. Also, for clarity, all previous special permits and site plan reviews granted by the Municipal Council and Planning Board are superseded by this approval with the exception of the April 14, 2021 Special Permit. ZBA Case 3738 shall remain in effect. Condition #8) That ADA curb ramps are installed at the ends of all sidewalks and in front of all handicap parking; Condition #9) That the proposed lots shall be created via an ANR plan prior to any building permits being issued; Condition #10) That the MBTA access easement shall be maintained in its current form Condition #11) That compliance with ZBA Case # 3738 is required; Condition #12) That the project proponent shall file comply with the Order of Conditions 2910 from the Conservation Commission; Condition #13) That floor drains and oil /water separators shall be installed in all areas that allow vehicular access to the buildings; Condition #14) That any retaining wall greater than 4 feet in height requires an engineers stamped design plan which shall be provided prior to any building permits being issued; 2 Condition #15) That verification of proper function of existing drainage outfalls shall be completed prior to building permits being issued; Condition #16) That the proponents provide a communication phone number for concerns during construction to the Planning Board Office and the Mayor’s Office; Condition #17) That there be no outdoor storage or outdoor processing of materials on the site; Condition #18) That the development shall be responsible for maintaining the adjacent public ways west of the Stevens Street Connector and the site roadways as shown on the plans; Condition #19) That no portion of the site shall be used for any purpose except construction of the permitted improvements until development of that same portion of the site is completed in accordance with the Special Permit and this Site Plan Review approval; Condition #20) That truck traffic accessing the site shall use Route 140 and Rte. 24 and except for local delivery, shall not utilize County Street south of the site or Stevens Street east of the Stevens Street /Route 140 interchange; Condition #21) That no railroad access was part of the Special Permit or this Site Plan Review application and so there shall be no railroad access permitted under this Approval. 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, a new water meter with an updated radio frequency unit, inspection and approval and prior notice is required before any city water work is to be performed and inspections are required prior to backfilling Anthony Abreau YES Dennis Ackerman YES John Reardon YES Manuel Spencer Jr YES Brian Carr YES Michael Monteiro Absent Robert Campbell Absent Documents used as part of meeting were: comments from DIRB, Fire and City Engineer and plans by Beals Associates John made motion to approve the mod of Site Plan Review with landscaping waiver, to include dept. comments for LOT 2 consisting of 2 lots (Lot 2 parcel A, Lot 2 parcel B) with a 451,880 sq. ft. building of industrial/warehouse space in the Business District at Galleria Mall Drive, prop. I.D. 126-5, 118-41, 118- 39, and 118- 8, seconded by Dennis. Condition #1) That the plans dated October 13, 2023 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 3 Condition #6) All access and utility easements shall be shown on the plans and recorded prior to any building permits Condition #7) That the previously granted variances and special permits granted by the ZBA shall be null and void; ZBA case #3225, case #3323, case 3233, case #2818, case #1966, case #1854, and the portions of ZBA case #1727 referencing parking space sizes and on premise signs as well as the portions of case #3247 referencing faced signs. Also, for clarity, all previous special permits and site plan reviews granted by the Municipal Council and Planning Board are superseded by this approval with the exception of the April 14, 2021 Special Permit. ZBA Case 3738 shall remain in effect. Condition #8) That ADA curb ramps are installed at the ends of all sidewalks and in front of all handicap parking; Condition #9) That the proposed lots shall be created via an ANR plan prior to any building permits being issued; Condition #10) That the MBTA access easement shall be maintained in its current form Condition #11) That compliance with ZBA Case # 3738 is required; Condition #12) That the project proponent shall file comply with the Order of Conditions 2910 from the Conservation Commission; Condition #13) That floor drains and oil /water separators shall be installed in all areas that allow vehicular access to the buildings; Condition #14) That any retaining wall greater than 4 feet in height requires an engineers stamped design plan which shall be provided prior to any building permits being issued; Condition #15) That verification of proper function of existing drainage outfalls shall be completed prior to building permits being issued; Condition #16) That the proponents provide a communication phone number for concerns during construction to the Planning Board Office and the Mayor’s Office; Condition #17) That there be no outdoor storage or outdoor processing of materials on the site; Condition #18) That the development shall be responsible for maintaining the adjacent public ways west of the Stevens Street Connector and the site roadways as shown on the plans; Condition #19) That no portion of the site shall be used for any purpose except construction of the permitted improvements until development of that same portion of the site is completed in accordance with the Special Permit and this Site Plan Review approval; Condition #20) That truck traffic accessing the site shall use Route 140 and Rte. 24 and except for local delivery, shall not utilize County Street south of the site or Stevens Street east of the Stevens Street /Route 140 interchange; Condition #21) That no railroad access was part of the Special Permit or this Site Plan Review application and so there shall be no railroad access permitted under this Approval. Condition #22) the 176 space parking lot shall be located on a 4th lot created from this site. This lot shall be associated with lot 2 for parking compliance and deed restricted as such prior to building permits 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, a new water meter with an updated radio frequency unit, inspection and approval and prior notice is required before any city water work is to be performed and inspections are required prior to backfilling Anthony Abreau YES 4 Dennis Ackerman YES John Reardon YES Manuel Spencer Jr YES Brian Carr YES Michael Monteiro Absent Robert Campbell Absent Documents used as part of meeting were: comments from DIRB, Fire and City Engineer and plans by Beals Associates John made motion to approve the mod of Site Plan Review with landscaping waiver, to include dept. comments, for LOT 3 having a 284,453 sq. ft. building of industrial/warehouse space in the Business District at Galleria Mall Drive, prop. I.D. 126-5, 118-41, 118-39, and 118- 8, seconded by Dennis. Condition #1) That the plans dated October 13, 2023 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) All access and utility easements shall be shown on the plans and recorded prior to any building permits Condition #7) That the previously granted variances and special permits granted by the ZBA shall be null and void; ZBA case #3225, case #3323, case 3233, case #2818, case #1966, case #1854, and the portions of ZBA case #1727 referencing parking space sizes and on premise signs as well as the portions of case #3247 referencing faced signs. Also, for clarity, all previous special permits and site plan reviews granted by the Municipal Council and Planning Board are superseded by this approval with the exception of the April 14, 2021 Special Permit. ZBA Case 3738 shall remain in effect. Condition #8) That ADA curb ramps are installed at the ends of all sidewalks and in front of all handicap parking; Condition #9) That the proposed lots shall be created via an ANR plan prior to any building permits being issued; Condition #10) That the MBTA access easement shall be maintained in its current form Condition #11) That compliance with ZBA Case # 3738 is required; Condition #12) That the project proponent shall file comply with the Order of Conditions 2910 from the Conservation Commission; Condition #13) That floor drains and oil /water separators shall be installed in all areas that allow vehicular access to the buildings; Condition #14) That any retaining wall greater than 4 feet in height requires an engineers stamped design plan which shall be provided prior to any building permits being issued; Condition #15) That verification of proper function of existing drainage outfalls shall be completed prior to building permits being issued; Condition #16) That the proponents provide a communication phone number for concerns during construction to the Planning Board Office and the Mayor’s Office; Condition #17) That there be no outdoor storage or outdoor processing of materials on the site; 5 Condition #18) That the development shall be responsible for maintaining the adjacent public ways west of the Stevens Street Connector and the site roadways as shown on the plans; Condition #19) That no portion of the site shall be used for any purpose except construction of the permitted improvements until development of that same portion of the site is completed in accordance with the Special Permit and this Site Plan Review approval; Condition #20) That truck traffic accessing the site shall use Route 140 and Rte. 24 and except for local delivery, shall not utilize County Street south of the site or Stevens Street east of the Stevens Street /Route 140 interchange; Condition #21) That no railroad access was part of the Special Permit or this Site Plan Review application and so there shall be no railroad access permitted under this Approval. 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, a new water meter with an updated radio frequency unit, inspection and approval and prior notice is required before any city water work is to be performed and inspections are required prior to backfilling Anthony Abreau YES Dennis Ackerman YES John Reardon YES Manuel Spencer Jr YES Brian Carr YES Michael Monteiro Absent Robert Campbell Absent Documents used as part of meeting were: comments from DIRB, Fire and City Engineer and plans by Beals Associates Public Meeting - Site Plan Review modification - 90 Washington Street. (prop. I.D. 55-149 and 55-150) for the mixed use development to reduce the units from 34 to 27 residential units and parking from 78 to 68 spaces. With the commercial space to remain as previously approved, submitted by Ramesh Izedian John DeSousa, NorthCounty Group was invited into the enclosure. Dept. comments were read from the DIRB, Engineer, Fire, and Water dept. which were made part of the record. John stated they received a temp. Cert. of occupancy for the 25 units. This is the former St. Mary’s school & convent. They met with the DIRB and made some changes, filled in old grass area with some asphalt, removed asphalt, added rip rap to create for swale, and moved dumpster. They met with City Engineer and they put grass swale to retain water that was going out of the site. John said they reduced the number of units from 34 to 27 and reduce parking from 78 to 68. They will not increasing the asphalt. He showed the pedestrian access and handicapped spaces. The sprinkler is activated and they will need a Full Certificate of Occupancy. Manny stated aa few months back a water/drainage issue was brought up and he wanted to know if that has been addressed? John answered yes they worked with the City Engineer and did what he wanted. They created a swale in front with grass. John stated that is the best they can do. He stated when Mass DOT did the work they put the curb back and it held the water. Manny asked for clarification and John stated they design the drainage for a 100 year storm. Brian stated he observed the water running towards the road towards Colonial Donut. Manny asked why are they reducing the units? John answers the owner was a little overzealous and the 6 renovations are more than what he expected. Brian asked if the units will be market rate and it was answered yes. John stated 8-10 units are already rented. Public Input: no one in favor or opposed. John made motion to approve the mod of Site Plan Review with dept. comments, seconded by Brian. Comment #1) That the plans dated October 11, 2023 and revised through November 20, 2023 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) Dumpsters shall be located on a concrete pad, enclosed with a 6 foot stockade fence, be kept closed at all times and emptied regularly Condition #7) An 81X plan shall be recorded combining the parcels into one parcel prior to any building permits for the caretakers house or convent building. A new address shall be assigned for the convent Condition #8) Show required ADA curb cuts at the end of all sidewalks and in front of all handicap parking Condition #9) The drainage plan shall be approved prior to any building permits for the caretakers house or convent building Condition #10) Contact number be available to the Police & Fire Dept. in case of any emergencies. Condition #11) Property Manager to be on-site as presented at hearing. Condition #12) Taunton Residents shall be offered first choice for residency. Condition #13) The applicant make every effort for the residential units to be market rate Condition #14) A solid white vinyl 6 foot tall fence shall be erected along the property lines of 10, 12, and 14 Church Street continuing along the property line of 11 Faith Street. Condition #15) The grounds must be maintained and trees trimmed and pruned along the property lines of 10 & 12 Church Street. Plantings be trimmed to avoid any obstruction. Condition #16) Add pedestrian access from Church Street. Condition #17) The caretakers building shall be commercial only with no residential units 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 Note 3) The project must meet City of Taunton sanitary sewer standards and specifications and acceptance testing. Sanitary sewer laterals will need to be updated with outside cleanouts off the buildings and backwater valve protection shall be installed. Anthony Abreau YES Dennis Ackerman YES John Reardon YES 7 Manuel Spencer Jr YES Brian Carr YES Michael Monteiro Absent Robert Campbell Absent Documents used as part of meeting were: comments from DIRB, Engineer, Water, Fire and Conservation Commission, plans by NorthCounty Group. Public Hearing - Proposed Amendment to City of Taunton Zoning Ordinance – To allow Marijuana Establishments in the Highway Business District by Special Permit from the Municipal Council – (Amend Section 440 Attachment #2 to read: Special permit from Municipal Council (SP2) In Industrial District and Highway Business District. (prohibited use in all other districts) East Coast Kali, LLC Hearing opens at 6:323 PM .Roll Call: Ackerman, Reardon, Spencer, Carr. Tony recused and VC. Ackerman chairs meeting. Atty. William Rounds, Kyra Fernandez, and John DeSousa, NorthCounty Group was invited into the meeting. Atty. Rounds explains ow they are proposing to change ordinance to allow cultivation in the Highway Business District. Cultivation is only allowed in the Industrial District. Kyra has a large piece of property and wants to grow/cultivate her own product. So she is proposing to change the ordinance not just for her buy anyone in the Highway Business District. This would go hand and hand with retail. Atty. Rounds stated the concerns was that this type of business attracts the wrong type of people. These facilities are closely monitored. There is 2 grow facilities, one on Mozzone Blvd. and one on High Street It’s been very difficult to comply with the zoning requirements. So they are proposing to change the ordinance so it allows you to apply for the Special Permit with the Council in the Highway Business District. They can deny if it doesn’t make sense. Delivery is only allowed in the industrial District. Atty. Rounds stated there have been a few minor complaints since the establishments have opened. In general there are no big issues. Dennis stated the Planning Board’s role is to send a recommendation to the City Council and they vote. Manny stated he’s in favor because it’s a Special permit with Council which is discretionary. Atty. Rounds stated the intent was to put noxious stuff in the Industrial District so it won’t bother any neighborhood. Brian asked if she would be doing both cultivation & retails and Kyra answered yes. She is not interested in delivery now but will support other delivery businesses. She has 2.49 acres and she has plenty of room to put another building up. It was asked if she would advertise cultivation and she answered no she would just have regular retail sign. Atty. Rounds pointed it would still needs Special Permit with City Council and they can either grant or deny if they don’t’ think it fits in. John agrees with the City Planner’s letter and he thinks there are too many and he would not support this. Discussion took place in regards to putting conditions on the recommendation. Suggested conditions was having to have a minimum of 1.5 acres and must be a certain distance from a neighborhood. Discussion went back and forth about what distance would be good to protect neighborhoods. Manny made motion to forward a positive recommendation (3 members in favor, 1 member opposed, 2 members absent, 1 member recused) o send a positive recommendation on the Proposed Amendment to the City of Taunton Ordinance with the following conditions: 1. To be located on a lot having a minimum of 1.5 acres. 2. To be located 500 feet from a residential neighborhood. 8 Hearing closed at 7:0l PM Documents used as part of meeting were: comments from City Planner, Engineer, Fire and Conservation Commission Meeting adjourned at 7:01 PM 9