Planning Board

************************************************************************************* TAUNTON PLANNING BOARD MINUTES Meeting held at 15 Summer Street, City Hall, in the Chester R. Martin Municipal Council Chambers ************************************************************************************* DATE: October 3, 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, Ackerman, Abreau, Moniz, Carr and Fitzgerald. City Engineer Mike Patneaude and City Planner Kevin Scanlon also present. Meeting opens at 5:33 PM John made motion to approve 9-5-24 minutes, seconded by Bill. All in favor. NEW BUSINESS Public Hearing- Proposed Zoning Change Floodplain Regulations – Article XIII Sections 440 -1301 through 440-1311 – Special Flood Hazard and Floodplain Overlay Districts – Need to forward recommendation to Municipal Council Roll call: Reardon, Ackerman, Abreau, Moniz, Carr and Fitzgerald present. Hearing opens at 5:35 PM Dept. comments were read from Conservation Commission, City Engineer and TEMA which were placed on file. City Planner Kevin Scanlon explains he has been working on these changes for the past 8 months. Prior to FEMA the City created their own Special Flood Map district and now they conflict with FEMA. He explains they are removing the old text in ordinance and replacing with new text conforming to what FEMA has. It also eliminates the SP process with ZBA if you were in flood district. You still need building permit by FEMA. Kevin stated if we don’t change it now half the properties in the City won’t be able to obtain insurance. Brian asked what effect will it have on the City and Kevin answers none. John made motion to open public input, seconded by Brian. All in favor. No one in favor or opposed. Brian made motion to close public input, seconded by Dennis. All in favor. George made motion to forward a positive recommendation to the Municipal Council on the proposed changes, seconded by Brian. All in favor. Bill thanked Kevin for all his work on this. Hearing closed at 5:41 PM Cont’d Public Hearing - 350 Myles Standish Blvd. - Special Permit/Site Plan Review from Section 440 Attachment #2 of the Zoning Ordinance- to allow 13,000 s. f. previously approved office use to be converted to retail use in the Industrial District., submitted by Joseph Iantosca, President Request for a continuance to November 7, 2024 meeting- time frame also waived. George made motion to grant continuance to Nov. 7, 2024 meeting, seconded by Brian. All in favor. Continued to Nov. 7, 2024 1 Public Hearing – Cape Rd., prop. I.D. 71-3 -Site Plan Review & Special Permit from Section 440 Attachment # 2 of the Zoning Ordinance for the construction of three 60’ x 125’ buildings totaling 25, 500 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: Ackerman, Reardon, Abreau, Moniz, Carr and Fitzgerald present. Hearing opens at 5:43 PM Dept. comments from Coordination meeting, Water Dept., Fire Dept., Conservation Commission, and City Engineer were read into the record. Patrick Carrar, PMP Consulting Inc., and Pierre Ibrahim, applicant were invited into the enclosure. Patrick states they originally were proposing 4 buildings and they went to Conservation Commission and reduced to 3 buildings. They worked with the applicant and reduced the impervious area and reduced work in the buffer zone. They had Coordination meeting (former DIRB) and will be updating plans. Pierre stated he won’t have any retail. He’s thinking like landscapers, music studios. Or 101 training. Something like a cheer leading school renting bay for storage of equipment. He states he owns the gas station in front. John asked if there would be any outdoor storage and Pierre answers no all inside. John asked about the waiver of landscaping and Pat said they were asking for a 50% reduction. George asked if it was 30 units and Pierre answers 15 units (5 units in each bldg.) John asked the hours of operation and they were unsure. Bill asked if the renters have access after hours? He asked about the parking and he has an issue with the reduction of landscaping. Pierre said he’s not planning on putting any gates or security. Dennis suggests putting gate with lock. George agrees he should have control of site and they need to specify hours of operation. Brian says he pretty much did what we asked in that he went to Conservation Commission and reduced the size. Brian reference a site in Raynham near Ryan Iron Works and it’s visible from road. Pierre says every business does not have a gate. George and Tony agree about gate because it’s for safety and you are located off the road. George says it’s the neighborhood first. Brian says a lot of storage facilities gives the code to the Fire Dept. for access. Brian is a proponent of commercial development but this is next to some residences. He too thinks a gate would be good because once people congregate it’s hard to get them out. Bill thought this was going to be a storage facility. Pierre stated he doesn’t know who will want to rent space. It could be anything. The Board has concerns with what uses will be in here. John made motion to open public input, seconded by Brian. All in favor. Atty. Ben Dowling, representing John & Ann-Marie Brennick, 516 Richmond St who is out of town visiting their son in Vermont. They are not necessarily opposed but have concerns with some aspects of the proposal. Atty. Dowling asked if the Board could possibly continue so the Brennicks can attend the meeting. Chairman Abreau says the applicant is the one who usually requests a continuance. Atty. Dowling asks why they submitted an abbreviated impact statement and not a full impact statement? He also did not see a lighting plan with the submittal? The Brennicks can see the canopy from Joe’s Gas station and has concerns with the lighting. He says this owner can sell business so the Board needs to put conditions to protect neighbors. He also had concerns with who will actually be renting these units? The applicant stated a few different uses and he was concerned with that. He stated the Board needs to know what uses will be going in there. It determines the amount of traffic and the information is very limited and he’s happy the Board wants to know the hours of operation and wants gate. He looked at the parking under Section 440-704 and he calculates they need 27 spaces and they only have 23. He asks the Board for a continuance. Sean Turnball, 564 Richmond St., stated he has concerns with lighting and music studios and asked if the units are going to be soundproof? He thinks a gate is a good idea because this is behind the gas station. Atty. Dowling spoke again and asked about the southern end and asks to leave the buffer in place to provide visual and audio shielding. City Engineer stated that’s where the infiltration system is going. Dennis suggested cut the number of buildings to 12 and move buildings. Dennis would suggests cutting number of buildings by 1 and plant shrubbery and shorten buildings. Discuss took place about possibly moving buildings. Pat answered they have included a stockade fence along the westerly side and a retaining wall on the southerly 2 side. It’s already densely vegetated. Tony asked the City Engineer and he answered everything to the south is someone’s else property. Pat stated they have to have fence to get the 50% landscaping waiver. George recommends taking 25 feet off each building. Pat stated if they plant trees on the South side they will die but arborvitaes will live. Brian asked what is the height of the building and it was answered 20 feet to ridge line and 25 feet to peak. Pierre says the garage doors are 14 feet so they can’t do flat roof because it will shed water to neighbors. Pat stated the parking is adequate and they actually have over what they need, it was based on 1 space for every 850 sq. ft. There will be lights on doors only. Bill stated without defined uses how do we know what’s going in there. Pierre states it depends on what the market is for. Pat states each individual business will need to obtain a business certificate and they will be made aware if that use is allowed under zoning. George suggests turning building and only have 2 large buildings. Pat states that will create issues with the high water table and soil conditions limits it. They need to keep the bulk in the impervious area. George thinks they can put two 60’ x 125’ buildings. Brian likes the idea of requiring gates, lighting reduced, set hours of operations and require trees. He understands the neighbor’s concerns as he lives next to the Industrial Park and he went through it and they and the developer made some concessions. Dennis suggests a motion to include: 3 buildings 60’x 100’, no landscaping waiver, add fence with arborvitaes on south side, provide gate with lock, hours of operation, 5 AM – 8 PM , No retail or industrial uses, no hazardous materials allowed, lighting to be inward on property, no vehicle storage, no musical operations. Discussion on landscaping and it was stated if they don’t have 50% reduction on west side they will need to move buildings and go back to Cons. Commission. Dennis says he will amend is proposed motion to include a 50% waiver on the West side only. Sean Turnbull states he’s on the east side and the traffic is bad. Jennifer Turnball stated Rte. 44 traffic is bad and she can’t even get out of her driveway. George made motion to close public input, seconded by Brian. All in favor. Dennis made motion to grant the SP/SPR with dept. comments and conditions, seconded by Brian. Condition #1) That the plans dated March 13, 2024 and revised through August 1, 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 #3089 for this project Condition #7) A landscape plan conforming to section 440 -702 for interior and perimeter landscaping shall be provided prior to building permit. A 50% waiver of landscaping buffer was granted for the West Side Only. Condition #8) No outdoor storage of materials is permissible Condition #9) A copy of the Mass Highway curb cut permit shall be provided prior to occupancy Condition #10) 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 #11) All 3 buildings be reduced to 60’ x 100’ Condition #12) Add fence with arborvitaes along the southerly property line. 3 Condition #13) Add gate with lock at entrance Condition #14) No Retail or Industrial uses allowed Condition#15) No music operations allowed Condition #16) No vehicle Storage allowed Condition #17) No storage of hazardous materials allowed Condition#18) Hours of Operation: 5 AM – 8 PM 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 22, 2024 regarding this project Vote: 6 In favor Anthony Abreau YES Dennis Ackerman YES John Reardon YES George Moniz YES Brian Carr YES William A. Fitzgerald, Jr. YES Kelly Dooner absent Hearing closed at 7:03 PM Meeting adjourned at 7:04 PM 4