Planning Board

************************************************************************************* TAUNTON PLANNING BOARD MINUTES Meeting held at 15 Summer Street, City Hall, in the Chester R. Martin Municipal Council Chambers ************************************************************************************* DATE: August 1, 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, Ackerman, Abreau, Moniz, and Fitzgerald. City Engineer Mike Patneaude also present. Meeting opens at 5:31 PM Kelly made motion to approve 7-11-24 minutes, seconded by Dennis, All in favor. OLD BUSINESS Letter from Planning & Conservation Director – relative to moving to monthly stipends payments for P.B. members Kelly stated she doesn’t take the stipend (because she’s on the Council) so she will abstain from vote. Dennis stated they had same letter for Zoning Board of Appeals and they tabled it to next month. They wanted more information. The secretary informed them the ZBA didn’t see letter until night of meeting. The letter explains why the change is needed of which the P.B had it ahead a time. Bill understand the need to change to monthly due to the new payroll system. Bill made motion to approved, seconded by George. Kelly & Dennis abstained from vote. 4 members in favor. Motion passed. Run Brook Circle – Refund of surety – holding $55,440 and 300,000 bond plus $6,000 mylar deposit Communication from City planner & outside consultant read into the record. Chris Coute was invited into the enclosure. Dennis asked the City Engineer if he agrees and Mike answers he agrees with the City Planner. Bill made motion to release $55,440 of surety, seconded by Kelly. 5 members in favor. Dennis abstains NEW BUSINESS Cont’d. 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. Hearing opens at 5:36 PM – roll call: Dooner, Ackerman, Reardon, Abreau, Moniz, and Fitzgerald Dept. comments were read into the record from Water, Fire, Engineer, City Planner and Conservation Commission. Jarrod Lima, contractor was invited into the enclosure. He is building an addition for an immediate family member to live. The size is 767 square feet. Public Input: Katie Butler, daughter of 1 owners will be living in accessory dwelling unit while her parents live in main house. She is going back to school to get her master’s degree. Kelly made motion to close public input, seconded by Bill Kelly made motion to approve Special Permit, seconded by Bill. All in favor. Vote: 6 In Favor Anthony Abreau YES Dennis Ackerman YES John Reardon YES George Moniz YES William A. Fitzgerald, Jr. YES Kelly Dooner YES Brian Carr absent Documents used as part of the hearing were: Dept. comments from City Planner, Conservation Commission, Engineer, Fire Dept., and Water Dept. and plans by GPI Eng. Hearing closed at 5:39 PM Cont’d 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 . Letter requesting a continuance to next month to have a full board. Motion made and seconded to continue to next month. 5 in favor. Dennis votes no. continued to 9-5-24 Dennis asked if the owner could be invited the enclosure as he wants to ask him a few questions. Dennis stated the owner submitted a letter citing a possible conflict of interest if he votes on this proposal. Chris says he won’t answer any questions and thinks in his opinion it should be referred to the law office for a legal opinion. Dennis stated he called the ethics commission and filed paperwork with the City Clerk. He wants to ask each member on the Board if they have any financial gain if they vote on this? Dennis says he’s being singled out and says he can vote this and will. Dennis said if Chris doesn’t like it he can file a complaint with the ethics commission and he will sue him. Kelly made motion to request a legal opinion from the law dept, seconded by John. 5 in favor. Dennis votes no. Chris waives the time frame on which to act. Public Hearing – Special Permit/Site Plan Review - Richmond St, parcel I.D. 71-44 -from Section 440 Attachment #2 of the Zoning Ordinance for the construction of 34,380 sq. ft. gravel storage area with a 16 foot wide access drive, submitted by Jason Branco Roll Call: Dooner, Abreau, Reardon, Ackerman, Moniz and Fitzgerald. Hearing opens at 5:46 PM Eric Dias, P.E. Strong Point Eng. and Jason Branco were invited into the enclosure. Dept. comments from Coordination meeting, Conservation Commission, City Engineer, Commission for Individuals with Disabilities were read into the record. Eric stated they are for a Special Permit for the use and site plan review for the site layout. The use is for storage yard for pool installation. Mr. Branco stores shells for pools. His current location is in Dighton. This will not be a showroom, but may have someone stop by but they are chaperoned. There will be no utilities or lighting on site. They expect 1-2 traffic trips per week and they are asking for a waiver of the landscaping (to 50% ) and will having fencing around entire property. They will leave all trees. They said they have no issues with the comments in the coordination meeting 2 report. They will not need dumpster. George asked how far is the entrance from Richmond Street? Eric answers it’s about 80 - 90 feet. Eric says there is an ordinance that says you have to be 70 feet from intersection. They will have a 16 foot wide driveway up to the main storage area. George questions if there was enough room for tractor trailer to get into driveway. Bill asked who determines if this is the best use of the property? He’s not aware how the process works in the City? Chairman Abreau stated this is private property and we vote on what is brought before us. It’s not city owned property. George knows the land very well and asked how many employees. Mr. Branco answers 4 guys and 1 in office. Eric stated they have looked at other properties and this is use will have the least impact on the neighborhood. Eric states the property has a high water table and with buffer zone this is most minimal use for the site. There will be no sewer or water. Kelly asked why are requesting a waiver of landscaping to 50%? Eric stated they are leaving the natural buffer and will install a 6 foot stockade fence on top of the cleared area. Eric says they are trying to maximize the lot. Kelly said she cannot support the waiver but will support the project. Dennis stated it’s up to the petitioner to convince this board for the Special Permit for use is the best use. John asked if he’s the installer and the owner answers yes. He stated he would like to have a large inventory that is rapidly available. He installs about 30-40 pools per year and he covers a 75 mile radius covering Boston to almost cape area. Eric stated they went there and physically counted the trees that would be left. Bill asked what section of the zoning ordinance says we can waive landscaping and Eric says section 440-702. George made motion to open public input, seconded by Kelly. All in favor. Shawn Grenier, 697 Richmond St. talked to some neighbors and they weren’t notified. It was stated everyone who owns property within 300 feet gets notified. He stated Richmond Street is a 6 ton limit street. Have they done traffic study? Which direction will tractor trailers be coming from. He stated there is no way a tractor trailer can make the turn to get in. He drives tractor trailer and the way it’s proposed it won’t work. Eric said the existing fence is 21 feet from property line and they would love to bring traffic from Rte. 44 but there is a giant wetland that prevents it. Eric says he ships at early morning and there will be 1 truck per week and when they come and they have escorts which is mandated by State. The wide load trucks are 13’9. Eric says Mass DOT will not allow an entrance too close to intersection results in limited options for entrance. Dennis stated the opposition brought up good points and he would like to see a plan showing the radii to show it can be done and not be a hazard. George stated he’s very familiar with tractor trailers and asked if they would be using a flatbed? They use a dodge 3500 and 35’ trailers. Eric stated this type of business will not generate a high traffic volume. George suggests widening the entrance. They could restrict hours of delivery. Eric states the peak hours are 7-9 am and 4-6 pm. Eric pointed out this property is in the Highway Business District and there are a lot of uses allowed by right under the ordinance which would be bigger impact. They are here for the Special Permit for use and the site plan review is for the layout of the lot. Bill says the use does not meet the intent of the law. Dennis reminded them they need 5 in favor of SP for use and need 4 in favor for SPR. George suggests giving new plan to show what is going in, a clearer picture. Kelly reminded them that a new plans won’t change her vote on the reduction of landscaping. Eric requests a continuance and the time frame is waived. George made motion to grant continuance and acknowledges the time frame has been waived and will follow up with a letter to office. Seconded by Bill. All in favor. Cont’d to 9-5-24 3 Public Meeting - Site Plan Review modification- 291 Winthrop Street - to allow driveway access to the adjoining property (293 Winthrop ST, proposed Taco Bell) at the northwest corner of the lot, submitted by 291 Winthrop Street LLC, Williams Adams William Adam, owner/developer and Frank Reilly, Crowell Eng. was invited into the enclosure. Dept. comments from Coordination meeting, Conservation Commission, City Engineer, Commission for Individuals with Disabilities were read into the record. Frank stated this was previously approved for O’Reilly’s Auto Parts and now they want to have an access to the next lot (future Taco Bell) There will be about 630 sq. ft. of pavement added. John asked if they use Par Place to enter Taco Bell? It was answered no they will have their own entrance off Winthrop St. John doesn’t want anyone coming from Par Place. Dennis asked the City Engineer if this was on the 293 Winthrop St. Site Plan Review they just approved last month and it was answered yes. Bill stated he thinks it would be easier if they just came in all at once so they can see the overall project. There is another lot next to Taco Bell that could be a potential oil change place but that’s a separate filing Kelly asked the City Engineer if his concern with the catch basin was resolved and Mike answers yes he’s satisfied. Kelly made motion to open public input, seconded by George. All in favor. No one in favor or opposed. Kelly made motion, seconded by George to grant with dept. comments and conditions: Condition #1) That the plans dated July 2, 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) 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) No repairs on site and no outside storage or display of materials Condition #8) Pavement arrows shall be striped and maintained Condition #9) Provide a copy of recorded access easements prior to commencement of work Condition # 10) DPW Permits are required including City Licensed contractor, road opening and or trench Vote: 6 In favor Anthony Abreau YES Dennis I. Ackerman, V.C YES John Reardon YES George Moniz YES William A. Fitzgerald, Jr. YES Kelly Dooner YES Brian Carr absent 4 Documents used as part of the hearing were: Dept. comments from Coordination meeting, Conservation Commission, Engineer, Water Dept, Commission for Individuals with Disabilities, and plans by Crowell Eng. Public Meeting- Site Plan Review modification - 224 Broadway (Parcel I.D. 39-272) for the expansion /alteration of existing building to allow additional 345 sq. ft. enclosed dining area and a 345 sq. ft. outdoor patio area with 10 seats enclosed by existing bollards and a fence for the existing commercial restaurant (max 30 seats on site) Atty. Brianna Correira was invited into the enclosure. Atty. Correira stated they were here in July 2023 for a bigger request and due to some difficulty getting construction materials they decided to change it. They are proposing a 345 sq. ft. enclosed dining area and a 345 sq. ft. outdoor patio with 10 seats enclosed by the exiting bollards and a fence. The ZBA granted the Special Permit last week. They will have 10 seats outside and a total of 30 seats total. They have 15 parking spaces. Dept. comments from Coordination meeting, Water Dept, City Engineer, Conservation Commission and Office of Economic and Community Development were read into the record. Public Input: No one in favor or opposed. George made motion, second by Kelly to approve the Site Plan Review modification with dept. comments & conditions: Condition #1) That the plans dated May 22, 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) 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) Compliance with ZBA Case# 3782 Condition 8) Seating capacity shall be a maximum of 30 seats Condition #9) Handicap accessible aisle shall be a minimum of 8 feet and shall be moved to not conflict with the handicap ramp Condition 10) Show the water and sewer lines and grease trap on the plans Condition #11) Show the doors on the plans Condition #12) Suggest raising the seating area to eliminate the need for a ramp to access it. Condition # 13) DPW Permits are required including City Licensed contractor, road opening and or trench Vote: 6 In favor Anthony Abreau YES Dennis I. Ackerman, V.C YES John Reardon YES George Moniz YES William A. Fitzgerald, Jr. YES Kelly Dooner YES Brian Carr absent 5 Documents used as part of the hearing were: Dept. comments from Coordination meeting, Conservation Commission, Engineer, Water Dept, City of Taunton’s Office of Economic & Community Development, and plans by Crowell Eng. Public Meeting – Site Plan Review - 904 County St. - for the conversion of the former Pizzeria Uno Restaurant to a Free Play Bar Arcade with a proposed 300 occupants inside and 22 occupants outside in an enclosed outdoor patio, submitted by E. Anthony Santurri, owned by SYNH, LLC Anthony Santurri, Jason Leone and Eric Tidd were invited into the enclosure. Dept. comments from Coordination meeting, Conservation Commission, Engineer, Water Dept, City of Taunton’s Office of Economic & Community Development were read into the record. Mr. Santurri stated they are occupying the former Pizza Uno building on County Street. They are proposing an adult arcade 21 and over, patrons range from 28 – 55 years of age. They will have their family days. They will charge $7 weekdays and $12 weekend unlimited play. Their food selections will be thin crust pizza. They hope patrons will eat at neighboring restaurants. They will have I.D. checking and police detail (voluntarily). They have house I.D. scanner. They will make sure they are not over capacity, if they are they make patrons wait outside. George thinks this will be a good addition to the City. Mr. Santurri says he hopes patrons go to area restaurant and then to their place for a few hours of game playing and listening to music. They will have karaoke and band on weekends. George asked how do they limited entry? Mr. Santurri states they have strict policy of not allowing people to come in and out. They are escorted out if they need to go out (for something or emergency) George asked what are the hours of operation: Sunday & Monday – 7 PM – 1 AM , Tuesday, Wednesday &Thursday 5 PM – 1 AM – Friday & Saturday 5 PM – 1 AM Family days on Sat & Sun 11 AM – 4 PM . He is very excited to be in Taunton and thanked the EOCD Office, they have been outstanding to work with. They are benefited from the infrastructure in the area and they hope to be successful and add something to Taunton. George asked if they do functions and they answered yes, but limited. John asked if any machine are handicapped accessible? He answered some machine are form 1980’s and aren’t too high. The cocktail games are accessible. Bar height is accessible. They are very welcoming to all. Kelly thanked them for choosing Taunton and thanked Jay from OECD for reaching out to them. They have a place in Providence and Worcester and are excited to come to Taunton. Public Input: none Kelly made motion, seconded by Bill, to approve with dept. comments & conditions: Condition #1) That the plans dated June 23, 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) 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 access easements for utilizing the driveway access Condition #8) Add ride share signs and directions to ride share area Condition #9) Add a ride share queue to the east of the new patio area with a four car stacking 6 Condition #10) Relabel driveway as a driveway and not Hart Street as shown on the plans Condition #11) Show the water and sewer lines on the plans with the external and internal grease traps Condition # 12) DPW Permits are required including City Licensed contractor, road opening and or trench Vote: 6 In favor Anthony Abreau YES Dennis I. Ackerman, V.C YES John Reardon YES George Moniz YES William A. Fitzgerald, Jr. YES Kelly Dooner YES Brian Carr absent Documents used as part of the hearing were: Dept. comments from Coordination meeting, Conservation Commission, Engineer, Water Dept, City of Taunton’s Office of Economic & Community Development, and plans by Gallant Architects Public Meeting Roadway Improvement Plan Modification - Maynard, Hunter, Little Street - The proposed modifications are: Prepare a revised profile of Maynard & Hunter Street, Provide a baseline & structure number on plans, Adjusting the revised design to provide a 5 foot sidewalk throughout the entity of the site, Ensuring that all utility structures meet the 4 foot clearance requirements, Providing the appropriate details that reflect the installation of a constructed wetlands system as approved by the City. Relocating structures DCB-3 and DCB -4 so they are no longer recessed within the sidewalks/curbing Marc Mason, owner/developer and Dashaya Toney, MBL Land Development was invited into the enclosure. They are here for a minor of a previously approved roadway for 7 duplex lots. There was some drainage concerns and the changes are update on the roadway, adjust the revised design and a reduction in the sidewalk. The old proposal was difficult to install utilities and roadway without going on neighbor’s property. They conducted their survey in the Spring 2024 and drainage is installed but paving not complete. They stopped the sidewalk at lot 7 to allow grade to maintain infrastructure for wall. They left stub for Mr. Chaves (prop. I. D. 80-304) for possible future house as a courtesy. One concerns was the 5 foot sidewalk that was previously proposed to be constructed around the cul-de-sac and on top of the proposed retaining wall before rounding off to a crosswalk. Due to the proximity of the paved cul-de-sac to the abutting properties, a proposed sidewalk in this area would be as close as 1 foot in some areas to the property line. There is no enough room to allow for the construction of the sidewalk without encroachment and the sidewalk would not have been able to be installed on top of the retaining wall as show on the previously approved plans. Dashaya stated during the construction process certain design concerns were brought up and they met with the City Engineer and outside consultant to discuss solutions. As a result the modification plan was submitted. Since work has been conducted there were some abutters having issues with flooding. They are proposing a 8 “ culvert at bottom of the wall. There will be a 5 ½ foot guard rail. Dashaya said he doesn’t have any issues with the dept. comments. Bill encourages sidewalks. It was asked how wide will street be? Dashaya answers 26 feet wide with an 80 foot cul-de-sac. Bill asked if they are proposing street trees and Dashaya answers no. Bill asked if they could and Dashaya says it’s pretty difficult to fit them. George says the roadway was previously approved to be 26 feet wide. He asks if they could put a tree on each lot? Marc answers no problem. Chairman Abreau asked who will maintain wall and it 7 was answered the HOA. Dennis says we can’t make him put trees because this is already approved. Bill says we can ask him? Marc stated he is putting up a nice limestone wall instead of just a regular wall. Dashaya asked about condition # 14 relative to the two 12 foot wide driveways as previously approved. They were proposing a modern farm house style house with garage. They might need more room? They may need to widen the driveway. Kelly made motion to open public input, seconded by George. All in favor. John Chaves, 131 Williams St. had lived there for 46 years and has never seen so much water since this project started. He has water coming in to his house. He has shed in back and it’s 16” to 20” above ground water and water is now in shed. He hopes the job gets done right. Chairman Abreau stated the City addressed the water concern by unclogging a pipe. Dashaya explains how the drainage will work. Dennis asked if they could fix this immediately and Marc say they fixed it. Mr. Chaves says lately it’s been ok. Denis wants to keep neighbors happy and Mr. Chaves only wants the project to be done right. Public Input: Brian Batista, 10 Steve Dr. stated it’s been flooded and cannot understand how this was approved. It was wetlands and now there are no frogs and wildlife because of this. He said 2 weeks ago the dust was so bad it got into his pool and house. He said this is irresponsible to allow this to be developed. He said they need to keep control of the dust. He asked how can we trust a fly by night developer who will be gone after developing it and we are stuck with it. He asked if it will be low income housing and Marc answers no. Brian stated it’s a shame they are putting 7 duplexes in such a small space. Carmen Batista, 10 Steve Dr, opposed. There is constant flooding/ponding because the road is as high as her fence. Anyone driving down road will be able to see right in house and deck. She has been there 16 years and it’s was peaceful and now it’s nothing but headaches. Dashaya explains the height of the walls and how they are putting a guardrail in front of her wall to prevent cars from going into her property. He stated they will be lowering wall slightly. Carmen stated they brought a lot of fill in and now you are going to remove fill and lower road? Brian stated our biggest concerns is water and safety. Discussion went back and forth between Dashaya and the Batistas. Bill asked if the grades on roads were part of the modification? City Engineer answers yes in #1 part of profile. Marc says the road design was off and now they are here to correct it. The groundwater was assumed by previous engineer. Dennis asked if they designed old design and Dashaya says no. They came on to correct the problem. George asked if Marc is the builder and developer and he answers yes. John Chaves brought the property from Mr. Perry 47 years ago and he was told due to the wetlands nothing will be built. It was stated this was approved by the Conservation Commission. Brian stated they literally changed the landscape by pumping out the wetlands. Mr. Chaves has an issue with the Conservation Commission. Dennis made motion to close public input, seconded by John. Al in favor. Discussion about whether putting a fence on top of wall along 10 Steve Drive. Dashaya suggests putting up a 4 foot fence instead of guardrail? Dennis states a car can go through fence. The Board went back and forth as to whether or not to require fencing along the entire length of the wall? Marc asked for a 5 minute recess. Kelly made motion for 5 min recess, seconded by George, all in favor. Marc says they can do a guardrail or fence. There was discussion on whether or not there was enough room for fence. Kelly says this should have been addressed before. Bill thinks the best action is to table to next month. Dennis made motion to add a 6 foot fence on top of wall, seconded by George. Chairman Abreau stated in his opinion we need to add fence for the entire length of retaining wall, if not it would look odd. Discussion went back and forth for a resolution. Dennis withdrew his motion, George withdrew his second. 8 Marc asks for a continuance to next month and waives the time frame. Bill made motion to continue to 9-5-24, seconded by Dennis. All in favor. Marc waives the time-frame on which to act on this proposal. Meeting adjourned at 8:56 PM 9