Planning Board

************************************************************************************* TAUNTON PLANNING BOARD MINUTES Meeting held at 15 Summer Street, City Hall, in the Chester R. Martin Municipal Council Chambers ************************************************************************************* DATE: May 2, 2024 BOARD MEMBERS: Anthony Abreau, Chairman Brian Carr John Reardon, Clerk Dennis I. Ackerman, Vice Chairman Kelly Dooner George Moniz William A. Fitzgerald, Jr. ADVISORS: Kevin Scanlon, City Planner Michael Patneaude, City Engineer _______________________________________________________________________________________ Roll Call: Abreau, Reardon, Dooner, Moniz, Carr, Fitzgerald, Ackerman (Absent) And City Engineer Mike Patneaude. Meeting opens at 5:32 PM Approve minutes of April 4, 2024 Motion to approve minutes Kelly, second John, All in favor. Motion to go out of order Kelly, second John OLD BUSINESS E-5 - Brian’s Way Subdivision - Request to RELEASE OF ALL SURETY – COMPLETION OF SUBDIVISION – located off Whittenton St -holding $352,000 bond plus $12,000 mylar deposit) Tony read department comments from City Planner, TMLP, B.O.H., Conservation, Fire, Eng., and outside consultant Field Eng. were read into the record. Justin Whitney present. Mike gives a positive recommendation and is ready for acceptance. Brian made motion to release all monies, find the subdivision complete and forward a positive recommendation to Municipal Council to accept Brian’s Way a public way, seconded by Kelly. All in favor. NEW BUSINESS Cont’d. Public Meeting – Site Plan Review – Stevens St .(prop. I.D. 109-2) – to allow the existing 50’ x 125’ foundation to be converted into 3 contractor bays to be used for warehouse, Submitted by Robert Soares, Jr. Request to Withdraw – Petition withdrawn Public Hearing- Proposed Changes to City of Taunton Zoning Ordinance dated 4-2-24 Section 440 Attachment 3 – Intensity of Use Table, Section 440-201 - Definitions Section 440-602 – Bulk and Dimensional Requirements, Section 440-702 – Landscaping, Section 440- 703 – Corner Lots, Section 440-704 – Off Street Parking – under A (4) Residential Units , Section 440- 711 – Accessory Structures Article XV Site Plan Review – Section 440-1501 thru 1506 - Purpose and Authority Section 440-1705 – Density and Dimensional Requirements, Section 440-1707 – Other Design Requirements Roll Call: Abreau, Reardon, Dooner, Moniz, Carr, Fitzgerald Hearing opened 5:38 pm Kevin Scanlon, City Planner present. Kevin presented the proposed Zoning Changes and answered any questions. Following questions/answers as going thru the list of proposed changes Bill: what about storage? Kevin: yes storage in 1 the basement is ok, qualifying factor doesn’t mean you can’t have it. Bill: 3 family position Kevin: needs to face the street George: triplex between 2 houses? Kevin: don’t want all egress on sides has to be to the street John: if sideways they need to have a front door Kevin: staggered some units don’t have enough width. Brian: can approve an 8’ fence? Kevin: 7’ limit, 8’ would need to meet setbacks or ZBA approval. Bill: there’s a push on native trees can we recommend? Kevin: we can explore that in the future, not part of this John: can they seek a variance for parking? Kevin: yes George: will the council vote on this? Kevin: on the 21st Bill: will the abutter rep continue? Kevin: yes Carolyn Basler will continue Bill: a shout out to her for her service to the City Kevin: this is more of a working group, not a public meeting, it’s an internal meeting John: department heads not a public meeting Bill: I agree with the intent can we attend? Kevin: this is an internal department heads meeting but happy to meet with the neighbors at any time. Bill: need affordable housing near the train based on 10% of units John: if agency doesn’t submit report it becomes approved? We should get all the reports before approve. Kevin: once closed & approved that’s it. John: housing for downtown we saturate areas/mixed use aspect. City is growing at a faster rate that in should I have concerns. More housing means need for more schools. Will vote no on this. George agrees with Brian. The City is growing. We give all the tax breaks to the commercial then they leave, Make them pay their share. Motion to allow Public Input: Kelly, John second: No Public Input Motion to close Public Input: John, Kelly second Bill has an issue voting on this tonite even though it is only a recommendation to the Council. The Board will vote on these changes per each section. Vote: Motion to send a positive recommendation to Council (per section): Section 440: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 201: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 602: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 702: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 703: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 711: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 1501: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 1502: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 1504: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 1506: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Section 1707: Abreau, Reardon, Dooner, Moniz, YES, Carr, Fitzgerald NO – Ackerman ABSENT Section 1705: Abreau, Reardon, Dooner, Moniz, Carr, YES – Fitzgerald NO – Ackerman ABSENT Motion to close the hearing Kelly, second John at 6:25 pm Public Meeting - Site Plan Review- 1141 County St- for modification to the previous approval for a multi-family development consisting of 275 units with 4,900 sq. ft. of retail. Changes are the approach to stormwater design and the removal of the secondary access road, submitted by 1141 County Street LLC & Alliance Realty Partners. Sean Henry, Alliance, Mike Bjulian, Alliance, Carlton Quinn, Allen & Major Associates. Tony read department comments. Motion to make department comments part of the record John, second Brian. Sean Henry did presentation. Brian: larger retention? Sean: about 4’ Brian: requests fencing around any retention pond for safety reasons. 2 Motion to allow Public Input George, second Brian No Public Input Motion to close Public Input Brian, second George Motion to approve with all department comments and the following conditions: Comment #1) That the plans dated May 24, 2023 and revised through April 4, 2024 shall govern with the following additional conditions: Comment #2) Lighting shall not illuminate any portion of abutting properties Comment #3) The site shall be kept clean and clear of debris Comment #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 Comment #5) Two sets of updated plans shall be provided that conforms to this decision prior to Building permit Comment #6) A copy of the access and utility easements shall be provided for the file prior to any building permits Comment #7) Compliance with conservation commission order of conditions #3050 Comment #8) The landscape plans approved by Conservation commission shall be incorporated into the plan set Comment #9) A stamped engineered design shall be submitted and approved for any retaining walls over 4 feet prior to building permit Comment #10) Plant 24 trees that are a minimum of 25 feet tall in place of the 24 trees being proposed on the northern side of bldg. #2. Condition can be waived at a future meeting (March 2024 or after) if petitioner proves they cannot locate them or that they will not survive (it was stated that this would be a minor change and the Planning board would waive and the approval would revert back to the original plantings as presented on plans) Comment #10) For the playground, rubber surfacing is required around the playground feature and an accessible route is required to and around the playground. Also, the proper number of accessible and inclusive features shall be provided in consultation with the Taunton Commission on individuals with Disabilities Condition #11) Fencing shall be placed around all retention ponds 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) Please refer to the July 15, 2023 letter from the Taunton Commission for individuals with Disabilities for relevant AAB accessibility requirements Vote: 6 In favor Anthony Abreau YES John Reardon YES George Moniz YES Kelly Dooner YES Brian Carr YES William A. Fitzgerald, Jr. YES Dennis Ackerman absent 3 Cont’d. Public Meeting-Site Plan Review - 348 Winthrop St – for the construction of a 3,648 sq. ft. building to be used for a showroom and office with 5,704 sq. ft. of outdoor storage of fence materials, submitted by Devine Fence Co. John DeSousa, Northcounty Group, Noah & Brittany Devine, Devine Fence, present. Tony read department comments from DIRB, Eng., Commission for Individuals with Disabilities, Fire, and Water. Motion to make comments and conditions part of the decision John, second Brian. John DeSousa gave presentation. John asked why different sizes from DIRB. John D rearranged the storage areas and plan was revised. John: #13 operating without a permit. I drive by there is people in & out and deliveries. John D: storage of materials only, not operating as a business and yes received Zoning Violation from Bob Pirozzi. John: you have been storing then since Nov? Brittany: since Jan. I can’t store it at my house. John: this isn’t the first time you have been in violation with no permit. This is just wrong. Wants to add condition #14 must tie in to city sewer, #15 cannot operate during the 20 day appeal period. John D: can’t get a building permit yet, no office trailer John: snow storage? John D: back portion George: storage is gated and locked John D.: yes George: move the entrance? no overhangs on building/ John D: no, will be lined up with exit gate George: will support you on this Brian: the City Engineer had some issues. Applied for a curb cut yet? John D.: not yet John: you probably will be approved but you need to abide by the conditions and do it legal. Bill: is this a different plan? John D. this is the most updated plan Bill: when you got a Zoning Violation did you stop? Brittany: no customers, it’s locked. Just taking materials in and out. Kelly: confirm there are no clients. Follow the laws of our city and respect it. Brittany: yes Tony: after the 20 day appeal period you can start. John D; yes understand Tony: when will the building show up John D.: approximately 6 weeks Tony: Tie into City sewer, do MA DOT curb cuts. There is a 5 year moratorium on the road. John D: yes, may take some time. Motion to allow Public Input Kelly, second Brian No Public Input Motion to close Public Input Brian, second George Motion made by Brian and seconded by George to approve with all department comments and conditions: Condition #1) That the plans dated February 27, 2024 and revised through April 25, 2024 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 dumpster shall be located on a concrete pad, be enclosed with a 6 foot enclosure, shall be kept closed at all times and be emptied regularly Condition #7) Mass highway curb cut permit application shall be filed within 30 days of approval. In addition, the Mass Highway curb cut permit shall be obtained and a copy provided for the file prior to any occupancy permits Condition #8) An LSP shall be onsite for all groundwork 4 Condition #9) All materials stored on site shall be within the defined storage area only shown on the plan Condition #10) The 18 foot wide entrance shall be shifted west to eliminate the conflict with the catch basin Condition #11) The site is currently in violation with a business present that does not have approvals. All work shown on the plan shall be completed no later than December 31, 2024 with the exception of the work in the State layout associated with the curb cut which shall be completed as soon as possible as allowed by the State. Condition #12) Must tie into city water & sewer Condition #13) Cannot operate during the 20-day appeal period and no building permits issued during that time. Notes Note 1) DPW permits are required including city licensed contractor, road opening and trench permits. 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. A new water meter is required with a radio frequency unit Note 3) compliance with the letter from the Commission on Individuals with disabilities dated March 24, 2024 regarding this project Vote: 6 In favor Anthony Abreau YES John Reardon YES George Moniz YES Kelly Dooner YES Brian Carr YES William A. Fitzgerald, Jr. YES Dennis Ackerman absent Motion to take a five minute recess George, second Brian Public Hearing - Site Plan Review & Special Permit from Section 440 Attachment # 2 of the Zoning Ordinance for property on Cape Road, Property I.D 71-3 for the construction of four 60’ x 120’ buildings totaling 28,800 sq. ft. to be used as contractor bays (warehouse & office use) in the Highway Business District (50% reduction of landscaped buffers requested) submitted by Pierre Ibrahim. Roll Call: Abreau, Reardon, Dooner, Moniz, Carr, Fitzgerald Hearing opened 7:12 pm Ed Jacobs, PMP Consulting, Pierre Ibrahim, Joe’s Gas, present Tony read the Department comments from DIRB, Eng., Water, Commission for Individuals with Disabilities, and Fire. 5 Motion to make dept. comments part of the record John, second Kelly. All in favor Ed Jacobs gave a presentation. Brian: what is going in there? Pierre: flex service bays. There will be four bays for small businesses such as a plumber use for office and storage, a showroom, podcast room, music recording. There will be no heavy industrial or manufacturing. Brian: will have a limit for hours of operation if approved and no large trucks. Brian: Isn’t this usually found in industrial parks? Pierre: no this is a new thing coming up Bill: will there be any auto repair because those would require floor drains. Not opposed to no auto repair Ed: Yes there are drains one for every two buildings, there will be no auto repair. These are not open to the general public. George: no hazardous materials should be stored there & a timeframe for hours is needed. Pierre: no hazardous material storage. Tony: sheet flow oil/water separator? Need with garage doors. Ed: Not sure… we can discuss it. Tony: there is a sensitive area in the back and in my opinion there is one too many buildings. Pierre: My business is out front so I will be controlling who I rent to. If I’m only able to have 10-11 doors it won’t be feasible cost wise. Kelly: plumbing code requires oil water separators. Pierre: no vehicles Kelly: boat storage? No outside storage George: no vehicle storage overnight. John: what about a business sign Ed: not on the plan Brian: near the river have you gone before Conservation? Ed: not yet Brian: Before I would vote on this I think you need to go to Con Com and see what they determine then come back to the Planning Board. George: how far from the river? Ed: it’s an intermittent stream and over 200 feet, we usually go to Con Com first. Kelly: what is the buffer zone to the houses back there? Ed: 450’ to closest house on Richmond Street. Tony: go thru Con Com and see what they have to say Ed: ok George: how big is this? Ed: 1800 sf 30x 60 Motion to allow Public Input Bill, second Brian Anne-Marie Brennick, 516 Richmond Street Creek goes under our driveway and this will flood our yard. Have concerns tree cutting and the noise we will get from 44 once the trees as buffer are gone. The traffic is bad now and this will generate more. You can’t guarantee the times that these building will be used. You should get environmental approval first. As a contractor also we want business in Taunton but just not there. John Brennick, 516 Richmond Street Are they allowed to cut the trees? Tony: we can do a no cut buffer as a condition John B: Plus he will need more parking spaces. There isn’t enough space there to support four buildings. Sean Turnbull, 564 Richmond Street Have water concerns. Wetlands and that is not an Intermittent Stream. It’s a brook that runs all the time year round. There is a high water table here. I’ve been here 23 years and it hasn’t changed. Also have lighting concerns, what it will do to our septic system. Con Com made me cut my garage in half due to the wetlands. My other concern is traffic. It’s horrendous now. Chris Aunchman, 267 Richmond Street, We looked at this area and weren’t allowed to put a single family house because of wetlands. Water concerns. This will affect everyone in the area and their septic systems. Traffic is terrible now. You can’t even exit onto 44. This will make it worse. It’s a high risk factor. We have no control who rents the bays. Tree removal will affect the animals. Motion to close Public Input George, second John Motion to have applicant apply to Conservation and come back to the Planning Board when ready George, second John. Hearing closed at 7:52 p.m. Public Meeting- Site Plan Review - 0 Hart St (Map 94, lot 215) and 235 Hart St. (Map 94 Lot 152) for the conversion of the existing single family into a 2 floor 1,023 sq. ft. marijuana retail facility and 930 sq. ft. of office space, site access, drainage, parking and utilities, submitted by SAN Holdings, LLC Tanios Barbour Atty. Dan D’Abreu, Brennan, Recupero, Cascione, Emily Buck, Bowman Consulting Group, Brian Dunn & Dashaya Toney, MBL, Jack Barbour & Sandra Nasrawi, San Holding present. Tony read Department Comments from Eng., Commission for Individuals with Disabilities, Eng., Water, and Fire. Motion to make department comments as part of the record John, second Kelly. 6 Dan: gave presentation. This is scheduled for the Council in May. The original lot was larger and would also be cultivation. The new project is smaller and no cultivation, just retail. George: keeping the same house? Any plans for the other area? Dan: yes the house will be renovated. The cost to fill the other area was too expensive George: have you been to Conservation? Dan: yes and approved Brian: plans won’t be changed? Dan: no Brian: so approved by Con Com? Dan: yes Brian: we can’t deny this but can make changes Dan: if needed can ask for amendment thru Conservation. Brian D. did overview of the project and building. Emily did traffic study presentation. Tony: total trips per day? Emily: 11,700 per day George: it’s a lot of traffic for a side street. This project is in a neighborhood and too close to schools. We can’t stop them but don’t like it. It’s too much traffic and you’ll add 400 cars a day. This should be put downtown plus BP school traffic. Emily: average for the area during peak hour is 1,100 at 4:30-5:30 pm. Brian D: if we add another exit? Dan D: this can’t be put downtown. Mike P. BP will have less traffic. The exit will be by Mozzone Blvd. Brian: used traffic counters? Emily: yes Brian: I agree with George about widening or making two, an entrance and an exit. Brian: will the enter/exit be at an intersection Brian D: no George: can you do an exit & an entrance? Brian D.: we are trying to keep the driveway away from the other homes George: did you talk to the neighbors? Jack: yes to some Sandra did. Brian D: your zoning allows this uses otherwise the zoning needs to be changed. Tony: we can’t stop it but we can make a condition to have a way in and a way out. Motion to allow Public Input Kelly, second John Brenda Mitchell, 186 Hart Street Traffic is crazy here. This study was done during COVID. It’s a neighborhood with a high school. BP will still enter on and exit on Hart Street even if there is another option. A young couple just bought the house next door and now their property is worthless. There’s too many pot shops and they should not be in neighborhoods. Maria Andrade, 19 Birch Circle Traffic is terrible now its crazy Drugs kill the people in the street. Should not be here. Very upset. Amelia McKinley, 249 Hart Street disagrees with the traffic study. The traffic has definitely changed. It’s hard to turn onto this busy street. Lots of accidents. There’s even a camera now to scan license plates. They have promised fencing and trees, and we are happy with that but would like trees that are less messy and offer year round coverage. Evergreens would be great. What about operating hours? Brian D: will be extending the existing stockade fence Jack B. refer trees to a botanist to consider. Did talk to family extensively. George: I’d like to see a brand new fence all the way down. Mark LaChance, 25 Stevens Street doesn’t agree with the traffic study. Maybe do it again. Can’t move the drive any closer to 24 sight line is terrible. What are they going to do with that big hole they created. Yes they should split the entrance. This is in a neighborhood. It’s ridiculous. Dan D.: this will before the Council on 5/21/24 Brian D: been moved farther away from the school John Jay Paulo, 17 Stevens Street maybe this shouldn’t have been approved before. This is a neighborhood. Understand you have a right to do it but is it the right thing to do? It just doesn’t fit. I want to see people doing the right thing. This was done wrong. George Lambert, 248 Hart Street. I have no objection to this. It’s a nice area and think they should be allowed to run their business. Charles Mitchell, 186 Hart Street did you know there is a bus stop right in front of this place? The sun there is also going to be a problem for visibility. The traffic study is too old, the traffic is not good there. Motion to close Public Input George, second Kelly Kelly: it’s a small ask for the trees unfortunately the zoning is what it is. Tony: the zoning would have to be changed before Jack B: we won’t be operating 6AM-10AM and that’s a busy traffic time. Our hours will be 10AM – 7 PM daily and we will have pre-call appointments so not a lot of cars at the same time. Brian C.: I want to see No Music, hours 10AM-7PM 7 days a week, one way in and one way out, the type of fence and type of trees the kind that the neighbors want. They need to satisfy her issues. Council will make the decision. Jack B: Camera and lighting will not encroach on the neighbors. Kelly: who determines the best type of trees Jack B: a Botanist 7 Motion made by Kelly and seconded by Brian to approve with Department Comments and the following conditions: Condition #1) That the plans dated April 3, 2024 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) Compliance with a Conservation Commission Order of Conditions #3077 for this project Condition #7) Parcels shall be combined via a recorded 81X plan and new deed prior to building permit Condition #8) Erect a 7 foot stockade fence made of wood or white vinyl along the property line of 249 Hart Street 25 feet off the front property line Condition #9) Trim the treeline back west of the entrance to the existing guardrail back 10 feet Condition #10) A landscape plan conforming to section 440-702 for interior and perimeter landscaping shall be provided Condition #11) Dumpsters shall be kept closed at all times, be located on a concrete pad, be emptied regularly and be enclosed in a fenced area with a 6ft stockade fence or equivalent Condition #12) Close off the curb cut on parcel 94-215 Condition #13) Hours of Operation: 10 AM – 7 PM – 7 days a week Condition #14) No music allowed Condition #16) Provide a one way entrance and one way exit. Condition # 17) Plant evergreen trees or other type of trees deemed appropriate by the experts (no falling leaves and year round coverage) along the property line of 249 Hart Street. 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) compliance with the letter from the Commission on Individuals with disabilities dated April 21, 2024 regarding this project Vote: 6 In favor Anthony Abreau YES John Reardon YES George Moniz YES Kelly Dooner YES Brian Carr YES William A. Fitzgerald, Jr. YES Dennis Ackerman absent Kelly made motion to adjourn, seconded by Brian. All in favor. Meeting adjourned at 9:18 PM 8 9