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7-19-12 mins.
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                   TAUNTON PLANNING BOARD MINUTES
              CITY HALL, TAUNTON, MA 02780
(Meeting held at Maxham School, 141 Oak St., Taunton, Ma. )
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DATE:  July 19, 2012                                                                                       
BOARD MEMBERS:       Daniel Dermody, Chrmn.         Anthony Abreau
                                           Bob Campbell V.C.                 Arthur Lopes
                                          Manuel Spencer, Clerk            Joshua Borden                        
                                           Michael Ritz
 ADVISORS:                     Mark Slusarz, City Engineer
                                          Kevin Scanlon, City Planner
 __________________________________________________________________________
Roll Call: Borden, Campbell, Ritz, Spencer, Abreau present. Meeting opens at 5:30 PM.  Lopes present at 5:31 PM .  Also present was City Engineer Mark Slusarz.    

Joshua made motion to accept minutes of June 7, 2012 meeting seconded by Manny. All in favor.

Bob made motion to revert out of the regular order of business, seconded by Josh. All in favor.

Public Meeting – Site Plan Review – 98 Winter St. – to allow an automobile repair business in an URD submitted by Angelo Figueiredo
Clerk Spencer read the DIRB and dept. comments into the record.  Atty. David Gay and Angelo Figueiredo were invited into the enclosure.  Atty. Gay stated the applicant has received ZBA and DIRB approval and now just needs Site Plan Review approval from PB.  Atty. Gay presented new plans as a result of the DIRB comments.  Presently applicant leases and wishes to re-locate his small business to his home.  He has a part time assistant and allowing him to work out of his home will reduce overhead.  Across the street is Mozzone Lumber and other mixes business uses along the road.  No opposition.  Bob asked about parking because there is a single family dwelling so you need to have enough parking.  There is parking on site to accommodate house plus business.  Bob suggested putting berm  on the right side of driveway and they agreed.  Tony asked about what kind of auto repair, oil changes, etc?  Mr. Figueiredo explains he might do an occasional oil change but no auto body work just general auto repair, diagnostics.  He has a water separator and a hazardous permit from B.O. H. which he will transfer to this location.  Manny asked how many years has he been in the business.  Mr. Figueiredo said he’s been in business for 20 years as mechanic.
Tony made motion seconded by Bob to approve the Site Plan Review to include the DIRB comments as follows:

Condition #1) The plans dated June 20, 2012 revised through July 10, 2012 shall govern with the following additional conditions:

Condition #2) A rubbish permit is required for all containers 6 cubic yards or more.  

Condition #3) Lighting shall not illuminate any properties of abutting properties.

Condition #4) The site shall be kept clean and clear of debris.

Condition #5) Two sets of as-builts shall be submitted upon completion of all work on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans.  Plans shall show at least all of the information show on the proposed plans referenced in condition #1 and all utility as-builts.

Condition #6) Conformance with the requirements of ZBA Case # 3136.

Condition #7)  Landscaping shall be shown on plans.

Condition #8) In place of space #1, two perpendicular spaces shall be added to meet the min. parking requirement.

Condition #9)  Dumpster shall be kept closed at all times, emptied regularly, be placed on a concrete pad and enclosed with a stockade fence. The dumpster shall be located behind space #5.

Condition #10) A set of updated plans shall be submitted that conforms to all of the requirements of this decision before any building permits will be issued.  Two sets are required.

Condition #11) All parking shall have a min. surface of gravel, paving is acceptable also.

Condition #12) No outdoor storage of vehicles waiting to be worked on or picked up is permitted under this Site Plan Review approval.  To exercise the five car max listed in the ZBA decision a new site plan review with a storage area would be required.

Condition #13) The free-standing sign shall be moved to the middle of the frontage.

Condition #14) Parking space #2 shall be moved behind space #6 and the length of the 3 parallel spaces shall be increased to 20 feet.

Condition # 15) A haz-mat permit is required from the Board of Health.

Ashleigh Estates – Request for Lot Release – Holding $76,000 and 6 lots, Request to release Lot #46
 Clerk Spencer read letter from City Planer into the record.  Steve Perry, on behalf of his Dad, was invited into the enclosure. City Engineer stated the paving repairs were done.  Holding $76,000 plus some lots.  
Bob made motion to release lot #46 upon receipt of an additional $5,000 of surety, seconded by Josh. All in favor.

Public Meeting – Site Plan Review – 339 Winthrop St. –for a parking lot in a HBD – submitted by James Gracia
Clerk Spencer read the DIRB report into the records. Paul Pateneaude, P.E., Earth Services was invited to the enclosure representing James Gracia & Tom Hoye, Tom & Jimmy’s Ice Cream.   Paul stated they received DIRB approval and have updated plans.  He gave history of ice cream shop. They re-located from across the street to this site and turns out lot is smaller than what’s needed so they acquired the property next door and they are planning on putting parking lot in.  Manny asked why the handicapped parking spaces are on other lot. Paul explains one HP space must be on each lot per the ADA rules.   Manny asked about Biltmore Street and Paul answers it only has 2 houses on it.    Josh suggests one flow of traffic for easily access because it’s a accident waiting to happen.    Manny asked if there is a double lane because you cannot legally cross a double line to turn.  Bob asked if the gate will be left open and they answered yes they could do that and store the lemonade carts closer to building.  Gene Coulombe, 341 Winthrop St. had few concerns. His concern was runoff to his property, flooding, lighting onto  his property and the trees along the property line.  Paul explained the water runoff and the water flows towards Winthrop Street.  Mr. Coulombe would rather see the tree line (hedge) be kept fuller rather than taller.   
Manny made motion, seconded by Bob to approve the Site Plan Review to include the DIRB comments and the following conditions:
Condition #1) The plans dated June 12, 2012 shall govern with the following additional conditions:

Condition #2) A set of up-dated plans shall be submitted that conforms to all of the requirements of this decision before any building permit will be issued.  Two sets are required.

Condition #3)  Lighting shall not illuminate any portion of abutting properties and lighting shall be turned off at the closing of the ice cream shop.

Condition #4)  The site shall be kept clean and clear of debris.

Condition #5)  Two sets of as-builts shall be submitted upon completion on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans.  Plans shall show at least all of the information shown on the proposed plans referenced in the condition #1 above and all utilities as-builts.

Condition #6)  A copy of the deed  referenced in Book 19502, Page 166 be provided for the file.  

Condition #7) The landscaping shall be maintained.

Condition #8)  Show the access to Biltmore Street and shift the north parking aisle easterly and place the extra stone dust area on the west end.

Condition #9) Label the handicap access aisle.

Condition #10) Correct the address on the plans from #337 to #339.

Condition #11) Both property owners along the westerly boundary line are allowed to trim existing trees.
  All in favor.

Discontinuance of DeWert Avenue – submitted by Taunton Housing Authority – need to forward a recommendation to Municipal Council. & Form A Mason & Porter St (parcel 6A)  Waiver of fees.
Clerk Spencer read letters from Taunton Housing Authority.   Colleen Doherty & Michael Mattos were invited into the enclosure.  Mrs. Doherty stated the site is completely vacant and ready to be demolished by the end of the month.  Steve Horsfall, Kelly Engineering Group stated DeWert Avenue was established in 1915 and 1956 they layout was done showing parking, municipal utilities.  There will be a new driveway with new building.  They are leaving a small portion of the street but they need the rest.  Mrs. Doherty stated they THA maintains the driveway. The Board was concerned with the elimination on the name?  Mrs. Doherty stated she had feedback with regards to doing away with the name but they will have placque at site to honor the veteran “DeWert”.   Josh asked why the plans weren’t flagged by engineer?  Mr. Horsfal stated they will be on full set.  Bob pointed out the remaining lot will have less frontage and they replied there is note on plans.  They stated that the abutter will be receiving the southerly half of the “old layout”   .
Tony made motion to forward  a positive recommendation to the Council for the Discontinuance of DeWert Avenue, seconded by Mike. All in favor.

Letter from Kevin Shea’s requesting waiver of filing fees for Form A on Mason Street & Porter St.
Colleen Doherty stated this is part of the hope VI project and they are requesting waiver of filing fees.
Bob made motion to grant waiver of Form A filing fee, seconded by Josh. All in favor.
Mike Mattos stated there will be the joint public hearing with Planning Board & Municipal Council on Tuesday for the 121 E tax application. The Planning Board and Council will hold hearing, have public input and the Planning Board then make a determination on the summary of findings.  The Board suggests holding meeting right after hearing to make findings.    The Planning Board then sends their findings to the Council and the council then forwards their findings to the Mayor office.
Motion made and seconded to post public meeting notice for Planning Board to meet on Tuesday, July 24, 2012 at 7:30 pm. in Rm. 7, Maxham School, 141 Oak St. Taunton, Ma.

Special Permit – 88 Washington S. – Morton Hospital, A Steward Family Hospital Inc., - an addition and renovations – Must forward a recommendation to Municipal Council.
Atty. Rounds & Atty. Theodore Aleixo was invited into the enclosure representing Morton Hospital.  Atty. Rounds stated the Board is reviewing for to send a recommendation to the Municipal Council for their Special Permit public hearing.  The Planning Board will hold their own public meeting on August  30th and have a full presentation on the proposal.  They are planning on expanding the parking lot.  They will have 3 access points, North Pleasant Street, Grove Street and Hope and Faith Street (gated) They will knock down the administration building and will re-locate the existing MRI trailer with a fixed unit.  There will be a new 30,000 square foot emergency room addition and the ambulance entrance will be moved to the rear of the bldg.   The general patient entrance will be separated from the emergency ambulance traffic (next to St. Mary’s School which will be gated)   There were permits issued for the lobby and that will be slightly modified again.  The parking lot is a result the new zoning changes.   Manny asked if the emergency entrance will be for police, fire and ambulance and they said that was the intent.  Josh noticed the plans were tagged by registered landscaping but not engineer?  They stated that wouldn’t a problem.   Bob asked about main parking lot and suggests putting pedestrian walkway.  Bob asked what the façade of the building would be?  Edmund Landry, Consultant, stated it will be a combination of rick & metal, like St. Ann’s hospital. They will have rendering at P.B. meeting on Aug. 30h.   Arthur asked about losing the 5 parking spaces and he stated the zoning changes results in tighter aisles.   He also asked about the MRI building and they explained it will be temporarily (by a temp. wall) then they will open up and it will all be inside.  They have to have that built first to provide that service.  The proposal is not intended to increase the number of patients at the hospital, it to bring the hospital up to current Dept. of Public Health codes.  This will accommodate what we have.  
Josh made motion to forward a positive recommendation to the Municipal Council for the use seconded by Mike. All in favor.  

Public Hearing – Form J – Waiver of frontage – re-configuration of 2 lots - 3 & 5 Alegi Avenue , submitted by Debra Rose & Mark Monteiro
Roll Call: Borden, Campbell, Abreau, Ritz, Lopes, Spencer, and Dermody.  Hearing opens at 6:50 pm.  Clerk Spencer read department comments from City Planner, Board of Health and Conservation Commission were read into the record.
Debra Rose & Mark Monteiro were invited into the enclosure.  Mr. Monteiro explains they are just  straightening out property lines.  City Engineer said this makes sense.   They went to ZBA for approval and now just need P.B. approved to move property lines.
Motion made and seconded to open public input. No one in favor or opposed.    
Josh made motion to approve Form  J for 3-5 Alegi Avenue, seconded by Tony. All in favor. Hearing closes at 6:50 pm.

Public Hearing – Form J – Waiver of frontage – to split one lot into 2 lots – One Harvard St., submitted by Cindy Andre’
Roll Call: Borden, Campbell, Abreau, Lopes, Ritz, Spencer and Dermody. Hearing opens at 6:50 pm.
Clerk Spencer read public hearing notice and letters from the City Planner, B.O. H., and Conservation Commission into the record.
Cindy & Joe Andre’ were invited into the enclosure.  They wish to divide their property and one lot will 90 feet of frontage instead of 100 feet.   They are planning on bulding single family house for themselves and their son will live in the existing house.  
Josh made motion to open public input, seconded by Arthur.  No one appearing in favor or opposed.
Josh made motion to close public input, seconded by Arthur.  All in favor.
Manny made motion to approve the Form J Plan for One Harvard St. seconded by Josh. All in favor. Hearing closed at 6:58 pm.  

Public Meeting – Site Plan Review – 200 John Hancock Road, - for the construction of an
Open shelter over a proposed concrete pad, submitted by Kopin Corp.
Atty. Rounds and Vladimir L. Nemchenil, P.E. and reps. Of  Kopin Corp. were invited into the enclosure   Clerk Spencer read the public meeting notice, DIRB comments and letter from  Conservation Agent Michele Restino.   Atty. Rounds stated they are proposing a outside shelter, 23 x 32 20 in height for the storage of chemicals.  They have an enclosed shelter for pneumonia.  The plans show the re-configuration of the area losing 3 parking spaces but they have enough parking.   They have to go the Conservation Commission and Fire Department as well as the Fire Marshall.   Chairman Dermody opened the meeting to public input. No one appeared in favor or opposed.   
Josh made motion, seconded by Tony, ALL IN FAVOR, to grant Special Permit including the DIRB and dept. comments as follows:    
Condition #1) That the plans dated June 19, 2012 shall govern with the following additional conditions:

Condition #2) A set of up-dated plans shall be submitted that conforms to all of the requirements of this decision before any building permit will be issued.  Two sets are required.

Condition #3) Lighting shall not illuminate any portion of abutting properties.

Condition #4)  The site shall be kept clean and clear of debris.

Condition #5)  Two sets of as-builts shall be submitted upon completion on site and shall include certification notes and stamps by a Design Engineer (PE) and Land Surveyor (PLS) stating that the development has been built according to the approved plans.  Plans shall show at least all of the information shown on the proposed plans referenced in the condition #1 above and all utilities as-builts.

Condition #6)  A haz-mat permit modification is required from the Board of Health.

Condition #7)  A note shall be added stating that the plan is the result of a ground survey.  The datum shall be stated on the survey note.

Condition #8)  The surface material in the work area shall be labeled.  

Condition #9)  The guard rail shall be extended for the full length of the rear parking lot.  
 
Condition #10) Sheet two shall be labeled as an existing conditions plan and sheet three shall show all aspects of the demolition.
 
Condition #11) The applicant is required to file a Notice of Intent with the Taunton Conservation Commission.

Field Street – Letter from Law Dept. relative to donation of land
Chairman Dermody stated this is in regards to the Council asking the P.B. for an opinion on whether the  land on Field Street being restricted to open space rather than conservation.  Chairman Dermody reminded the Board that the Conservation Agent came to our meeting and voiced her opinion and the Board agreed and forwarded their recommendation to the Council.  Several Board members stated they were offended what the Council said relative to this issue and the Board’s participation in it.  If the Council doesn’t like the P.B. recommendation they can reject it.  Manny stated each P.B. member brings something to the Board and he respects that.  Josh watched the meeting and stated the P.B. is also an elected Board .Bob stated the matter is under the jurisdiction of the Conservation Commission and we only supported their vote.   This Board is united and they stand behind the vote.  
Forward  a letter to Council informing them of our thoughts.   

Communication from Clerk of Council Committee – inviting rep. of P.B to July 24, 2012 meeting to
discuss receiving or taking land as open space /conservation
Chairman Dermody stated they were trying to get the Chairman of the P.B., ZBA & Conservation and City Planner for a meeting to discuss a possible ordinance relative to how land is accepted and restricted.   After some discussion it suggested notify the Clerk of Committees that September would be better due summer vacations schedules.   

FYI:  Environmental Notification Form - Harding Street (Rte 44, Lakeville, Ma.) – Gateway Commons Commercial Development

Meeting adjourned at 7:18 pm.

Next Meeting August 30, 2012 at 5:30 pm.