Planning Board

************************************************************************************* TAUNTON PLANNING BOARD MINUTES Meeting held at 15 Summer Street, City Hall, in the Chester R. Martin Municipal Council Chambers ************************************************************************************* DATE: January 4, 2024 BOARD MEMBERS: Anthony Abreau, Chairman George Moniz John Reardon Kelly Dooner Manuel Spencer, Clerk Dennis I. Ackerman, Vice Chairman Brian Carr ADVISORS: Kevin Scanlon, City Planner Michael Patneaude, City Engineer __________________________________________________________________________ Roll Call: Dooner, Reardon, Spencer, Abreau, Ackerman, Carr, Moniz. Meeting opens at 5:30 PM City Engineer Mike Patneaude also present. Chairman Abreau congratulated new members Kelly Dooner & George Moniz. Election of Officers: Chairman, Vice Chairman and Clerk Manny nominated Anthony Abreau for Chairman, Seconded by George. 6 members in favor. Anthony Abreau abstains from voting. Anthony Abreau elected Chairman Manny nominated Dennis Ackerman for Vice Chairman, Seconded by Brian. 6 members in favor, Dennis Ackerman abstains from vote. Dennis Ackerman elected Vice Chairman Dennis nominated Manny Spencer for Clerk, seconded by Kelly 6 members in favor, Manny Spencer abstains from voting. Manny Spencer elected Clerk. E-5 – Titus Way – request to release last lot - Requesting to continue to March meeting Manny made motion to continue to March 7, 2024 meeting, seconded by George. All in favor. Cont’d 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. Roll call: Dooner, Ackerman, Reardon, Abreau, Spencer, Moniz and Carr. Hearing opens at 5:33 PM ‘Dept. comments from Fire Dept., Engineer, Conservation Commission, B.O.H., City Planner, and Water Dept. were read into the record and placed on file. Atty. Dan deAbreu and Allison Hannah were invited into the enclosure. They already received ZBA approval for the accessory dwelling to be in excess of 850 sq. ft. and now they need SP for the use. The petitioner, Allison Hannah will be living in the main unit with her 3 children and her parents will reside in the accessory dwelling unit. They will live together but maintain 1 some privacy and independency. They are proposing to convert the garage into the accessory dwelling unit and adding an addition to the house. The entire accessory dwelling unit will be on the first floor. The access will be through the kitchen. They have 4 parking spaces. Atty. deAbreu stated they meet all the conditions with the exception of the size. John asked if everything is going to be confined? Atty. deAbeu answered yes and the addition will match the existing house. It will not be a full basement. Manny asked if there is sewer there and it was answered yes. Brian asked if it would be deed restricted? He was afraid people come here for an accessory dwelling and then sell it as a 2 family. Atty. deAbrea stated it’s allowed per the zoning ordinance. Dennis stated the decision is recorded at the Registry of Deed and has to be renewed every 5 years. He thinks the approval should be at one board, not two because it’s an expense put on the applicant. He as a ZBA member has never voted against an Accessory Dwelling Unit. He thinks it’s a positive for the City that family is taking care of family. He stated it’s allowed by right in the Urban Residential District and Suburban Residential District provide you comply with all conditions. Manny was concerned too if someone gets approved for an accessory and they sell as a 2 family or they rent out to someone other than relative. Public input: No one in favor or opposed. Manny made motion to approve with dept. comments, seconded by Brian. Condition #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 Condition #2) By adding a sleeping unit to an existing home will require both the existing home and accessory dwelling to be in compliance with the new construction for smoke/CO detection requirements. Condition #3) All dwelling units must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Vote: 7 In Favor Anthony Abreau YES Dennis Ackerman YES John Reardon YES Manuel Spencer Jr YES Brian Carr YES Kelly Dooner YES George Moniz YES Documents used as part of meeting were: comments from Fire Dept., Engineer, Conservation Commission, B.O.H., City Planner, and Water Dept. and plans by SFG Associates. Public Hearing - 395 Norton Ave. - A Special Permit from Section 440 Attachment #1 (440-710) of the Zoning Ordinance for the Renewal of an Accessory Dwelling Unit. Hearing opens at 5:51 PM Roll call: Dooner, Ackerman, Reardon, Abreau, Spencer, Moniz and Carr. Dept. comments were read into the record from City Planner, Fire dept., B.O. H., Conservation Commission, and City Engineer. Tammy Alpert was invited into the enclosure. She stated her son is trying to renew the accessory dwelling unit. Many asked if anything has changed? She answers no other than son & wife had baby. She lives in the accessory dwelling unit. Brian state originally the ZBA approved this and now it comes to P.B. She stated yes she remembers. Her son is in N.H. and hubby has bad back so she is here tonight asking for renewal. Public Input: No one in favor or opposed Many made motion to approve the Renewal of Accessory dwelling with dept. comments, seconded by Kelly. 2  1. All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Vote: 7 In Favor Anthony Abreau YES Dennis Ackerman YES John Reardon YES Manuel Spencer Jr YES Brian Carr YES Kelly Dooner YES George Moniz YES Documents used as part of meeting were: comments from Fire Dept., Engineer, Conservation Commission, B.O.H., City Planner, and Water Dept. and plans by James Greene. Hearing closed at 5:55 PM Public Hearing – Repetitive Petition - To allow the petitioner to re-file with the Zoning Board of Appeals for property at 210 Weir St. The new proposal is for a take-out restaurant in an Urban Residential District (original proposal was take-out restaurant with drive-up window) Roll call: Dooner, Ackerman, Reardon, Ackerman, Abreau, Spencer, Moniz and Carr. Hearing opens at 5:55 PM Dept. comments were read into the record from City Planner, Fire Dept., Water Dept, B.O.H., Engineer, and Conservation Commission. Atty. Edmund Brennan and Mr. Arthur Cabral was invited into the enclosure. Atty. Brennan stated the applicant received zba approval in 1983 and operated until a fire in 2019. Prior to the property being a bakery it was a gift store. In 1998 he installed a drive-up window and that was subject to an appeal and he won and drive up window was installed. Unfortunately the use lost its grandfathering and now needs zoning approval again. They went before the ZBA and 2 member voted against it so it didn’t pass. Another business wanted to go in and use as coffee shop but was denied. They appealed that and is pending in court. The ZBA denied because of safety reasons. They have decided to eliminate the drive-up window and hopes this Board finds it to be a substantial change so they can go back to ZBA. Manny stated he personally feels the drive-up should stay and he feels bad it was denied. He feels this is a stumbling block and he should be allowed to go back to ZBA. Brian asked Dennis what was the main reason the ZBA denied it? Dennis answers 2 ZBA members thought it would be safety issues with the drive up window. They thought with the 2 apartments with the store with drive-up would cause safety with it being on Weir St. Dennis indicated if the drive-up window was eliminated they would be in favor. Brian asked if they have the proper parking and it was answered yes. George stated he lived in the area and there was never an issue with the drive-up. John stated on the approval there was a 5 year review and asked if it were any problems. Atty. Brennan answers there were no issued. Public Input; No one in favor or opposed. George made motion to find there was a substantial change and allow petitioner to go back to ZBA, seconded by Kelly. All in favor. Hearing closed at 6:09 PM Documents used as part of meeting were: comments from Fire Dept., Engineer, Conservation Commission, B.O.H., City Planner, and Water Dept. and plans by John DeLano 3 Public Hearing - Repetitive Petition - To allow the petitioner to re-file with the Zoning Board of Appeals for property at 49 Plain St. (a.k.a. 92-184) and parcel 92-196 - The new proposal is seeking variances for frontage & lot width for a single family home on the rear lot & front lot is a conforming lot with the existing multi-family home to remain (original proposal was for elderly housing consisting of 13 residential units) Hearing opens at 6:09 PM Roll Call: Dooner, Ackerman, Reardon, Abreau, Spencer, and Carr. Atty. Brianna Correira, Scott Faria, P.E., and Mike Binda were invited into the enclosure. They are here tonight to go back to ZBA. Atty. Correira stated they went before the ZBA for a multifamily house on the back lot. They are now proposing a single family only on the lot in back. In 2022 they proposed a 10 unit elderly housing with the existing 3 family in front. The ZBA was concerned with density, traffic, and there was a boundary dispute. They submitted a new survey plan and now they don’t need a Special Permit for the number of units and variance for parking, lot area and dry area. The lot has 29,475 sq. ft. and they have provide emergency access. Manny stated they drastically reduce it. He asked if it’s feasible to do this? Atty. Correira stated they weren’t able to move forward with the other approval. It was asked how many bedrooms and Mike answers 4. Brian asked why the ZBA denied it? Dennis said 2 neighbors were very strongly against it and he stated the applicant should have spoken to neighbors. Dennis stated the voted have shown they do not want duplexes everywhere. Dennis states he’s disappointed in the City Council who reduced the lot size to 10,000 sq. ft. Atty. Correira stated she did sent out letters to neighbors inviting them to a meeting and only 3 attended. Her client is always willing to work with neighbors. Tony thinks a single family is great. Public Input: Opposed: Juan Rego, 54 Plain St. stated he had owned his property since 1975 and Mr. Dorsey owned property before. He has problems with the tenants leaving trash out for long periods of time. He states there is a bunch of furniture on sidewalk and the owner needs to be better. He stated that Plain Street is bad enough. There are a lot of access issues. Mr. Misael Alvira, 60 Plain St. also opposed, his concerns are parking, and he thinks the first proposal was too much. The new proposal needs to be managed better. He stated a child got hit a few years back. Dennis asked Mr. Alvira if he was the one at the ZBA meeting strongly opposed and he answered no. Manny certainly sympathizes with the applicant. Kelly clarified to the last abutter who spoke that the NEW proposal is for a single family dwelling on the rear lot. She thanks the applicant for reducing the density. Mike stated he will have the tenants things removed and he is willing to give out his phone number to any abutter. Kelly made motion to find that a substantial change has been made and allow petitioner to go back to ZBA, seconded by Manny. All in favor. Documents used as part of meeting were: comments from Fire Dept., Engineer, Conservation Commission, B.O.H., City Planner, and Water Dept. and plans by Scott Faria, P.L.S. Meet to discuss open meeting law complaint Letter to Law Dept. addressing the complaint filed by Patrick Higgins. The complaint was that the agenda that was posted on line did not show when it was posted. The City has adopted the City website as one the official locations for posting meeting notices. The old website showed when something was posted. The IT Department has modified the website and now it shows when something is posted. The secretary explains how she posts the agenda earlier on the website before she posts it at the City Clerk’s Office. The agenda will now posted after it’s timestamped at the Clerk’s office and with the website modified that will show the time. 4 Kelly made motion to authorize the Law Dept. to send a letter in response to the complaint to the complainant and the Attorney General explaining the steps have been taken. seconded by Dennis. All in favor. Meeting adjourned at 6:38 PM 5 6