Planning Board

************************************************************************************* TAUNTON PLANNING BOARD MINUTES Meeting held at 15 Summer Street, City Hall, in the Chester R. Martin Municipal Council Chambers ************************************************************************************* DATE: July 11, 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: Reardon, Dooner, Moniz, Carr, Fitzgerald, Ackerman. City Engineer Mike Patneaude also present. Meeting opens at 5:34 PM Kelly made motion to approve 6-6-24 minutes, seconded by Brian, All in favor. OLD BUSINESS E-5 - Release of last lot for Millview Estates – located on Millview St. -holding $ 155,000 bond Dept. comments were read from City Planner, City Eng. Water Dept., Conservation Commission, and outside consultant Field Eng. were read into the record. Chris Moniz was invited into the enclosure. Bill asked who makes sure all the conditions on subdivision has been met? It was answered the planning dept. Chris says he has no issues with cost completion estimate from outside consultant. He’s in agreement with completion cost. Dennis asked City Engineer if he has any issue and he answered he agrees with Field’s estimate. It was asked when the outlet would be fixed and Chris within the next 2 weeks. Dennis suggests releasing lot after it’s fixed. Brian made motion to release lot 4 upon receipt of an additional $219,000 of acceptable surety and upon confirmation that the outlet is fixed. Seconded by Bill. All in favor. V.C. Ackerman asked Chris if he’s here for another item on agenda and he answers for 60 Court St. but his partner is requesting a continuance. Public Hearing - 60R Court St. - Special Permit/Site Plan Review from Section 440 Attachment #1 of the Zoning Ordinance for a mixed use building having 7 residential units and one commercial unit (545 sq. ft.) in the Central Business District Chris Moniz requesting a continuance on behalf of his partner. Dennis asked why the continuance and Chris answers a family emergency. Chris requests continuance and extends the time frame on which to act, a letter will be forwarded to office. Brian made motion to continuance to August 1, 2024 meeting, seconded by George. All in favor. Letter to follow with extending time frame. All in favor 1  NEW BUSINESS Public Hearing – 120 Viking St. - Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a Renewal of an Accessory Dwelling Unit in a Rural Residential District. Roll call: Fitzgerald, Carr, Moniz, Reardon, Dooner and Ackerman present. Hearing opens at 5:44 PM Danielle Demers was invited into the enclosure. Dept. comments were read from Bd. Of Health, Engineer, Water Dept., Conservation Commission, and City Planner. John made motion to place dept. comments on file, seconded by Brian. All in favor. Danielle says they are requesting to renewal the accessory dwelling unit. Her mom still lives there. Kelly made motion to open public input, seconded by Brian. All in favor. No one in favor or opposed Kelly made motion to close public input, seconded by Brian. All in favor John made motion to grant the Special Permit for the renewal of the accessory dwelling unit with dept. comments, seconded by George. 1. All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II Vote: 6 In Favor Dennis Ackerman YES John Reardon YES George Moniz YES Brian Carr YES William A. Fitzgerald, Jr. YES Kelly Dooner YES Anthony Abreau absent Hearing closed at 5:45 PM Documents used as part of meeting were comments from Bd. Of Health, Engineer, Water Dept., Conservation Commission, and City Planner and plans from John F. Vance, Jr., P.E. Public Hearing- 93 Craven Ct. - A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a 1,203 sq. ft. Accessory Dwelling Unit in a Rural Residential District. Roll call: Fitzgerald, Carr, Moniz, Reardon, Dooner and Ackerman present. Hearing opens at 5:46 PM Dept. comments were read from Bd. Of Health, Engineer, Water Dept., Conservation Commission, and City Planner. John made motion to place dept. comments on file, seconded by Kelly. All in favor. John DeSousa, NorthCounty Group was invited into the enclosure. They received ZBA approval and they need approval for an accessory dwelling unit. They are add kitchen, bathroom, family room and under the zoning it constitutes as an accessory dwelling unit. His client starting putting in a kitchen and bathroom and based on plans was informed they need Special Permit. Bill asked if there would be any changes to the outside and John answers no. There will be no bedrooms added and they have city water and sewer. Kelly made motion to open public input, seconded by Brian. All in favor. No on in favor or opposed. Brian made motion to close public input, seconded by Kelly. All in favor. 2 John made motion to grant the Special Permit for the 1,203 sq .ft. accessory dwelling unit with dept. comments. Seconded by Kelly. 1. No additional bedrooms will be added. All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II Vote: 6 In Favor Dennis Ackerman YES John Reardon YES George Moniz YES Brian Carr YES William A. Fitzgerald, Jr. YES Kelly Dooner YES Anthony Abreau absent Hearing closed at 5:49 PM Documents used as part of meeting were comments from Bd. Of Health, Engineer, Water Dept., Conservation Commission, and City Planner and plans from NorthCounty Group. Public Hearing- 41 Theresa St. - A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a Renewal of an Accessory Dwelling Unit. Roll call: Fitzgerald, Carr, Moniz, Reardon, Dooner and Ackerman present. Hearing opens at 5:50 PM Dept. comments were read from Bd. Of Health, Engineer, Water Dept., Conservation Commission, and City Planner. John made motion to place dept. comments on file, seconded by Kelly. All in favor. Diane Martin was invited into the enclosure. She states they need to renew accessory dwelling unit, her dad lives in it. Kelly made motion to open public input, seconded by John. All in favor. No one opposed or in favor. Kelly made motion to close public input, seconded by John. Kelly made motion to grant the Special Permit for the renewal of the accessory dwelling unit with dept. comments, seconded by John. All in favor. 1. All dwellings must comply with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II Vote: 6 In Favor Dennis Ackerman YES John Reardon YES George Moniz YES Brian Carr YES William A. Fitzgerald, Jr. YES Kelly Dooner YES Anthony Abreau absent Hearing closed at 5:52 PM 3 Documents used as part of meeting were comments from Bd. Of Health, Engineer, Water Dept., Conservation Commission, and City Planner. Public Hearing – 80 Bluejay Lane - A Special Permit from Section 440 Attachment #1 of the Zoning Ordinance for a 767 sq. ft. Accessory Dwelling Unit. Request to continue to August 1st meeting and extending the time frame on which to act on the proposal. VC Ackerman stated they needed to continue because the ZBA didn’t meet last month (lack of quorum) and their ZBA hearing was moved to July 25th. Kelly made motion to continue to August 1st, seconded by George. All in favor Public Hearing – City of Taunton Zoning Map Amendment – to change the following properties from Urban Residential District to Central Business District. Map 55 Lot 197 - 45 Broadway, Map 55 lot 201 - School St., Map 66 lot 26 – 35 Broadway, Map 66 lot 27 – 24 Leonard St., Map 66 Lot 28 – 26 Leonard St. Map 66 Lot 29 – 28 Leonard St.- submitted by Bristol County Savings Bank Roll Call: Fitzgerald, Carr, Moniz, Reardon, Dooner and Ackerman present. Hearing opens at 5:53 PM Atty. Edmund Brennan and Paul Matos, P.E. Allen & Majors were invited into the enclosure. Letter from City Planner was read into the record. Atty. Brennan stated the property is currently zoned Urban Residential and it’s on the corner of School & Leonard Street, where Costa’s auto repair was. The property was sold to Bank and now they want to raze building and construct parking lot for bank. They need a recommendation from P.B. to Council for their hearing. The bank owns all property with the exception of 58 sq. ft. owed by the church and they have no objection. The re-zoning will be consistent with the area. Bill asked if he will be submitted a site plan showing parking lot? Atty. Brennan stated they already have it just need to change zoning and they will then be back for a site plan review. The front building is already zoned CBD. George asked if they will be keeping some grass and it was stated during the site plan review process they will need to provide landscaping. George was concerned with water runoff. Bill and Dennis have no issues with request. It was noted would there be enough room for fire truck coming out of fire station across the street. Atty. Brennan says the fire. Dept. comments on SPR so they can put what they want us to do for turning radius. Brian asked if parking is exclusively for bank and it was answered yes. It was asked if they still have security for parking and it was stated yes. Brian made motion to open public input, seconded by Kelly. No one in favor or opposed. Brian made motion to close public input, seconded by Kelly. All in favor. Brian made motion to forward a positive recommendation to Municipal Council, seconded by Bill. All in favor. Hearing closed at 6:02 PM Public Hearing – 293 Winthrop Street (parcels 76-123, 76-124) and parcel 76-122, Special Permit/Site Plan Review to allow 2,240 sq. ft. Restaurant with a drive-thru with 40 seats within the Highway Business District and a request for 50% waiver of front landscape buffer. Roll call: Fitzgerald, Carr, Moniz, Reardon, Dooner and Ackerman present. Hearing opens at 6:03 PM Atty. Brianna Correira, Nicole Duquette, P.E. and Mark Raymond, Desert DeOro Foods, Inc. were invite into the enclosure. Atty. Correira stated they are here for approval for a 2,240 sq. ft. restaurant with drive-thru with 40 seats in a Highway Business District. They are also requesting a 50% reduction of landscaping in front. The special permit is for the drive. The site has 2 residential dwellings on it and this will be a taco bell restaurant. There will be a future development on parcel 76-122. Atty. Correira stated the property is surrounded by fast foods establishments, honey dew, burger king, O’Reilly’s auto parts about 200 feet away. Nicole stated they are proposing 40 seats and 2 drive-thru lanes, one for mobile pick up and traditional drive- thru. This is more efficient and they can have 12 stacked vehicles. They can get an additional 10 cars if need 4 it. They will have 20 spaces and 3 in front next to dumpster which was ok with planner. They will have a cross easement with O’Reilly next door. (future filing for P.B.) They expect most traffic will come from main entrance and have 2 pick up spots in front. They have provided pedestrian connection to sidewalk on Winthrop Street. Nicole explains the drainage. They will be shifting the driveway over per the recommendation of the organization meeting. They will be providing landscaping consisting of red maples, honey locals an pine oaks, dogwood shrubs, day lilies They are asking for a 50% reduction of landscaping in front. Dennis asked what kind of shrubs will be in front so as to not obstruct view. Nicole answers honey local and ink berry bushes. They will be low because they don’t want to obstruct any site distance. They provided traffic study and if they have any questions Nicole will answer them. Atty. Correira state they re- located the driveway so they addressed condition #12. They will be providing new positons, no impact on public services, reducing or no impact on stormwater. They will be providing landscaping to rear where there are residences. George asked if the applicant owns the property next door? Atty. Correira answers yes. George has concerns with the 2 drive-thrus and the way they were designed. Mark stated that is the Branco design to have 2 drive-thrus. They have it in over 400 locations. The time in the mobile drive-thru is 70 seconds and the regular drive thru is 2-3 minutes. George asked about the taco bell on South Street, Raynham. He sees people stacked in drive-thru. George suggested changing the drive-thru lanes. VC Ackerman asked the City Engineer what he thought of the design and Mike answers this designs works much better putting them in the queing. He stated the majority of the traffic will be from Winthrop Street. John asked about putting trash receptacle in drive thru near menu board and order window. Bill also wants that. Dennis asked if they could put bike rack and Mark says they could do that. It was asked what the future plans are for lot next door and Nicole says it’s not 100% but something like a 3 bay oil change business. Brian states he agrees with City Engineer on layout. Kelly asked what is the reason for the 50% landscaping reduction? Nicole answers to be more in line with the other businesses which allows moving the building to be moved towards the road. It was stated O’Reilly’s also received 50% reduction in landscaping. Dept. comments from the Coordination meeting, Commission for Individuals with Disabilities, Fire, Conservation Commission, and Water dept. Brian made motion to place dept. comments on file, seconded by George. All in favor. John made motion to open Public Input, seconded by Kelly. All in favor. Steve McLaughlin, d’Angelo’s stated he had concerns with adding another drive-thru to this area. He doesn’t agree that this won’t add to the intersection. He stated people go out their way to go to Taco Bell. He doesn’t thinks it’s right to add another drive-thru to an already failure area. John made motion to close public input, seconded by Kelly. All in favor. Atty. Correira re-iterated the traffic study says there will be minimal impact because they are capturing a majority of the traffic already there. George says it’s hard to believe it would be minimal impact on traffic. Kelly asked where are the wetlands on the property and it was answered only about 10 feet into the site. The stormwater report included only this site and the traffic study included 2 sites. There will be an increase of traffic of 1 car per 2.4 minutes Brian asked what are the hours of operation? Mark answers 8 AM – 2 AM. It was been seen that it’s busier later at night, 8 PM to 2 AM. The site line should be good with low bushes. Brian says they will be busier when the other businesses are closed. George asked how far is the entrance from the light? Nicole answers 140 – 150 feet to the relocation of driveway. Dennis agrees with the City Engineer on the layout. Atty. Correira asked who is the moratorium with the city or State? City Engineer answers the State. Motion made and seconded to grant the Site Plan Review with the following conditions: Condition #1) That the plans dated May 30, 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 5 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) 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 #7) A copy of the Mass Highway Curb Cut permit shall be provided prior to any occupancy permit Condition #8) Show the test pits on the plans Condition #9) Retaining walls higher than four feet shall require a stamped structural design plan Condition #10) Fix the abutting properties on the existing conditions plan Condition #11) A filing with the conservation commission is required Condition #12) The new curb cut access for the site shall be relocated to the west to eliminate the conflicts with the drive through exit and to provide greater separation from the intersection Condition #13) Place a trash receptacle in the drive thru near the menu board and pick up window Condition #14) Add a bike rack Condition #15) A 50% waiver is granted for front landscaped buffer as shown on plans Condition#16) Provide a total of 2 handicapped spaces Condition #17) City water is available for the proposed 1-1/2” domestic from the existing 16” city water main on Winthrop Street. There is a 5 year moratorium on Winthrop St., a waiver will be required. Condition #18) Plans are required and need to be submitted to DPW for water services, fire service line, gate valves and curb stops. Condition#19) DPW permits are required including City Licensed Contractor, road opening, and or trench. Condition#20) DPW specifications apply including pressure testing, materials, installation, new water meter with an updated radio frequency unit, inspection and approval. Condition #21) Prior notice is required before any city water work is to be performed and inspections will be required before backfilling. Condition#22) All AAB/ADA requirements to be followed for both exterior and interior Condition #23) Entrance door on an accessible route. Condition #24) Handicapped parking provided per AAB/ADA codes (signage, location) Condition #25) Signage for accessible parking space (International Symbol of Accessibility) per 521 CMR 41.00 Condition #26) Meet all AAB/ADA requirements for accessible bathrooms: turning radius, location heights of toilet, sink, paper towels, toilet paper, mirrors, etc. Location height and length of grab bar per AAB Condition #27) Meet all AAB/ADA requirements for interior or restaurant including but not limited to access between aisles, table heights, counter height and length for accessible for checkout. Vote: 4 In favor Dennis Ackerman, V.C. YES John Reardon YES George Moniz YES Brian Carr YES Kelly Dooner NO William A. Fitzgerald, Jr. abstained Anthony Abreau absent 6 Motion made and seconded to Grant the Special Permit with the following condition: 1. Hours of Operation: 8 AM – 2 AM – 7 days a week Vote: 6 In favor Dennis Ackerman, V.C. YES John Reardon YES George Moniz YES Kelly Dooner YES Brian Carr YES William A. Fitzgerald, Jr. YES Anthony Abreau absent Hearing closed at 7:00 PM Documents used as part of meeting were: Coordination meeting, City Engineer, Water Dept., Conservation Commission, Commission for Individuals with Disabilities, and Fire Dept, Public Meeting - Site Plan Review -94 Fremont Street (45-165 & 45-166) to allow automobile sales with 12 display/sales spaces, 10 storage, 11 customer, 1 handicap, and 4 employee spaces in conjunction with the pre-existing legal non-conforming auto repair use and existing dwelling, submitted by Fremont Realty LLC Atty. Brianna Correira, and owner Steve Ferreira and Aziz Moussali were invited into the enclosure. Atty. Correira stated the auto repair has been there for over 80 years and there is also a residence since 1936. Petitioners purchased property in 2022 and made improvements and now they want to add auto sales to the existing auto repair shop. There will be minimal change on the 2.5 acre parcel which has a lot of vacant land in back. The access and traffic flow will be same and they are only adding a small addition to the existing building which is less than 10% which is allowed by right but wanted to let you know about it. The ZBA approved and at that meeting they agreed to no new sign, they will just add “sales” to existing sign. They will be adding parking and will pave which will eliminate dust, they have 12 display spaces,10 storage spaces , 11 customer spaces and 1 handicapped space and 4 employees spaces. The hours of operation will be : Monday – Saturday 7 AM– 6:30 PM Sunday 10 am – 4 pm for auto sales only, No auto repair on Sunday. The primary change will be the paving and the delineation of parking spaces. The auto repair has been there for 80 years and they sent letters to abutters and one person reached out. The new owners have made improvements which included removing a lot of the overgrowth and removing old boat on property. The building is in disrepair and now it’s much cleaner and put up vinyl fence and removed all the unappealing debris. They want to leave fence so they would be asking for a 50% reduction of landscaping buffer. Dennis reminded the Board the non-conforming use had no stipulations and by adding auto sales it allowed the ZBA and this Board to put conditions on approval. Atty. Correira stated yes the site is a legal pre-existing non-conforming use and she has letter from City Planner confirming that. Brian asked who told you to put fence? Atty. Correira stated they chose to put it up to make it look better. Steve stated they cleaned up site and put fence about 25 off property line because neighbor is using that portion. Brian asked if bathrooms are required because he remember an auto dealership in E. Taunton has issue as to whether or not they are required. Atty. Correira answers they are in communication with the plumbing inspector. Aziz says most of his sales will be on-line. Atty. Correira stated they had no issues in the past with his office 7 space. Brian comments them for reaching out to neighbors. George asked if they are letting the neighbor use the 25 feet and Steve answers yes. George commended him for that. John asked what are the “storage” spaces used for? Atty. Correira answered cars waiting for repair, waiting to be picked up. Azis will be the only salesman. Brian asked if there will be any junk cars and it was answered no. He would like to stipulated in decision. George stated this place is a nice improvement than what used to be there. Dept. comments from Coordination meeting, Conservation Commission, Fire Dept., Water Dept, City Engineer and Commission for Individuals with Disabilities were read into the record. Kelly made motion to open public input, seconded by John. All in favor. Kyle Cabral, representing his grandmother who lives across street, Irene Parker, 91 Fremont St. She wanted to make sure the character of the neighborhood is maintained. He stated if it’s on-line sales they don’t need display area in front? He asked if they could keep planting in front, Discussion went on to put low shrubbery and it was decided as long as it doesn’t interfere with site distance they will be agreeable to it. The Board will leave it up to them to agree on. They will be putting granite curbing in front. Kelly asked the resident if they were comfortable with some low shrubs and they were. She thinks it’s a reasonable request and to be a good neighbor they could place some plantings along fence. George made motion to approve with dept. comments, excluding #9 in coordination meeting recommendations and the following conditions: Condition #1) That the plans dated June 12, 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 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 or class II license issuance Condition #6) Compliance with the Zoning Board of Appeals decision case #3772 and the conditions contained therein Condition #7) The number of vehicles associated with the auto sales class II license shall not exceed 12 vehicles and shall be placed in the spaces labeled on the plan only. Condition #8) No vehicle parts shall be stored or displayed outside and all vehicles shall be parked or placed within the defined spaces shown on the plan Condition #9) Show the doors on the plans Condition #10) Combine the parcels via an 81X plan prior to building permit or Class II issuance Condition #11) Maintain the current drainage flow when paving Condition #12) Show the limits of existing clearing on the plans Condition #13) Hazardous materials permit is required prior to any building permits or Class II issuance Condition #14) Show the existing storage containers on the plan Condition #15) Show the septic system on the plan Condition #16) Show the water line on the plan Condition #17) Show the floor drains and tight tank on the plan Condition #18) Meet with neighbors about plantings as discussed at meeting Condition #19) All AAB/ADA regulations to be followed for both exterior and interior Condition #20) Handicapped parking providing per AAB/ADA Codes (signage, location) Condition #21) Signage for accessible parking spaces (International Symbol of Accessibility) per 521 CMR 41.00 Vote: 6 In favor Dennis I. Ackerman, V.C YES John Reardon YES 8 George Moniz YES Brian Carr YES William A. Fitzgerald, Jr. YES Kelly Dooner YES Anthony Abreau absent Documents used as part of meeting were comments from Coordination meeting, City Engineer, Water Dept., Conservation Commission, Commission for Individuals with Disabilities, and Fire Dept, Motion made and seconded to take 5 minute recess. Public Meeting – Roadway Improvement Plan – Wilmarth Street - Proposal is to extend the existing roadway approximately 60 feet towards Cohannet Street for frontage for one lot (property I.D.77-253 & 77-252) The new asphalt will be 24 feet wide matching existing asphalt within the layout. The existing sewer main will be extended for approx. 80 feet and water main will be extended approx. 180 feet from Cohannet Street and a new fire hydrant will be installed at the end of the water main. John DeSousa, NorthCounty Group was invited into the enclosure. John said they were here last month and was denied. They have changed the plans which included shortening the roadway, moved drainage from being in the layout of Wilmarth Street and put it on private property. They will have new sewer manhole, new hydrant, and they will leave wooded area. They had meeting with DPW and Engineer and he thinks he’s addressed all their concerns. John stated it’s a total different plan than last proposal. City Engineer stated his comments were swale in front, show how rain water continues, provide data, and show meets and bounds for roadway layout plan. Mike said John answered his questions. George has no problem, it’s a better plan. John made motion to open public input, seconded by Brian. All in favor. Letter from Rachel & Kevin Farrar, 574 Cohannet St was read into the record from Maureen Boiros. Her daughter & son in law could not attend meeting but had concerns. Their concerns were retention pond on roadway, connecting services to Cohannet Street. Scott Palmer, 3 Wilmarth St. stated he didn’t see any pictures of what the building will look like ? His driveway acts as a back way to their property. Will there be any street lights, sidewalks, and he is glad the detention pond is gone (not in the roadway layout) Kelly made motion to close public input, seconded by John. All in favor. John D. said the detention pond has been moved onto their property and will drain into a leaching field. They will put grass and trees as a normal front yard would, no sidewalks now and none proposed, no TMLP poles. Bill said he’s all set as long as the City Engineer’s concerns are addressed. A motion made and seconded to approve the Roadway Improvement Plan with the following condition: 1. Approval based on receiving the City Engineer’s approval on addressing his concerns Vote: 6 In Favor Dennis Ackerman, V.C. Yes John Reardon Yes Kelly Dooner Yes Brian Carr Yes William Fitzgerald, Jr. Yes 9 George Moniz Yes Anthony Abreau absent Documents used as part of meeting were: City Planner, Fire Dept., B.O.H., Conservation Commission, Commission for Individuals with Disabilities, and Fire Dept. George made motion to adjourn meeting, seconded by Kelly Meeting adjourned at 7:56 PM 10