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1-7-16 mins.
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                   TAUNTON PLANNING BOARD MINUTES
              CITY HALL, TAUNTON, MA 02780
               Meeting held at Maxham School, 141 Oak St,  
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DATE: January 7, 2016                                                                                    
BOARD MEMBERS:       Bob Campbell, Chairman         Anthony Abreau
                                           Arthur Lopes                            Jordan H.F. Fiore                    
                                           Manuel Spencer, Clerk             Brian Carr                        
                                           Dennis Smith                              

 ADVISORS:                         
                                          Mark Slusarz, City Engineer
                                         Kevin Scanlon, City Planner
 __________________________________________________________________________
Roll Call: Carr, Fiore, Abreau, Lopes, Spencer, and Campbell present.    Meeting opens at 5:31 PM.  

Election of Officers: Chairman, Vice Chairman & Clerk

Arthur made motion to keep the same slate as last year Seconded by Jody.  All in favor.
Robert Campbell for Chairman,
Anthony Abreau for Vice Chairman
Manuel Spencer for Clerk.
All of the above was unanimously elected.

Cont’d. Public Hearing -  Form J – 405 Richmond Street – Waiver of Frontage  Requirements – submitted by Deanna Lee
Clerk Spencer read letter from Atty. Costa requesting a continuance.  
Tony made motion to grant continuance, seconded by Jody.  All in favor.

Public Hearing – Form J – Norton Avenue –Map 36-Lot 54-  Waiver of Frontage Requirements – submitted by Thomas Pilling.
Roll Call:  Fiore, Abreau, Lopes, Carr, Spencer, Campbell present.  Hearing opens at 5:33 PM  Clerk Spencer read the Public hearing notice.  Clerk Spencer read department letters from the City Planner, Conservation Commission, and B.O.H.
Jody made motion make department comments part of the record, second by Tony. All in favor.
Jody made motion to invite petitioner into the enclosure.   Brad Fitzgerald, P.E. and Thomas Pilling were invited into the enclosure.   Brad stated they are here tonight for waiver of frontage for 2 lots.  They went to ZBA and received approval.   He states the lots are large but only has 50 feet of frontage for 2 lots.  Each lot will have their separate driveway.  He stated there is more than sufficient site distance for each driveway.  Tony asked about sewer and he said they will have septic system.  They perked lot 54B and had 2 good perks.  Brian asked if the existing tree line would be affected and Brad answered no.  Brad stated the location
of the houses depends on where it perks.  
Tony made motion to open public input, seconded by Arthur. All in favor.  No one in favor or opposed.
Manny asked that each owner will take care of their own driveway.  Brad answers yes and they will have their own separate water line.  
Tony made motion to close public input, seconded by Arthur. All in favor.
Tony made motion to approve the Form J, seconded b Jody.  All in favor.  
Hearing closed at 5:45 PM

Pubic Meeting – Site Plan Review – 47 Washington St., - to allow a 988 sq. ft. bldg.. to be used as a convenience store with the exiting gasoline station, submitted by Sameh Kanaan, Pres. Kanaan Realty Group2 Inc.,
Clerk Spencer read department comments from the DIRB, Veolia into the record.  Arthur made motion to invite petitioner into the enclosure, seconded by Tony.  Atty. William Rosa, Atty. Diana Williams, Wynn & Wynn and owner Samen Kanaan were invited into the enclosure.  Clerk Spencer read letter from Stanley & Raymond Sidor, direct abutters into the record.  City Engineer stated he spoke with the Engineer who did plans and he agreed to remove condition #9 relative to narrowing entrance. Mark stated it’s a lot of work for very little benefit.   Atty. Rosa stated they will be removing the existing kiosk and constructing small building. The property is on the corner of Court Street and Washington Street.  They will not have a drive-up.  They went to DIRB and they were going to have drive-up but they removed it.  Manny stated he need to be convinced there is enough parking because it’s congested already.  Chairman Campbell stated everything is in complies with the ordinance.  They have a cross easement with 51Court Street and legally they have right to use it.  Manny stated they are proposing the store in the rear of the lot.  Arthur asked if the gas is self serve and he said yes. Arthur asked what size tanks and Mr. Kanaan answers 20,000 gallons, 2 pumps.  He stated most deliveries are overnight.  Arthur asked hours of operation.  Mr. Kanaan answers 5:00 AM – 10:00 PM for gas and that will be same as store.  Tony asked if the plans incorporate the changes Mass. Highway is doing?  Atty. Rosa answers yes.  Brian stated with new store there will be more vehicles and he understands the abutters concerns with having more foot traffic.  He asked if the trucks deliver at night?  What about lighting?  Mr. Kanaan stated there will be no more lighting than what is there now.   Chairman Campbell asked if the sign will be lit?  There was some discussion about additional lighting not needed.  Atty. Rosa stated the landscaping is not required but they are putting in anyway to be sensitive to neighbor.  Brian asked how much activity do you anticipate from store?  Atty. Rosa answers it will be mostly the existing customers coming in while they get gas, may be an occasional new customers.   Manny stated 51 Court Street has their own dumpster and the pizza place people are going to have to park somewhere else once the new dumpster goes in.   Manny asked if there has been any accidents and the owner answer no. Atty. Rosa stated he is new owner.   Jody stated the design is ingenious if it can be done.   Atty. Rosa stated they had more parking but the DIRB had them remove them.  Chairman Campbell stated the spaces closest to the building looks a little tight.  Arthur asked about the canopy and they said they will have same exact thing.  The vacuum canisters will be moved and the clothing donation bin will be removed from the site.    Manny stated there will be an impact to the intersection and he still needs some convincing. He suggests having a   traffic study done?  Manny stated in future they might want to another component like liquor sales.  Mr. Kanaan stated he would not, it’s against his religion.  The whole lot will be repaved and clearly striped.    He stated there are people coming to the site already.  Chairman Campbell stated if they move building closer to pizza building, he thought, in his opinion, would condense the site with pounding a lot of cars and traffic in the area.  Manny states if they move building it might separate pedestrian traffic and gas traffic.    Public Input:  Stanley & Raymond Sidor, 55 Washington Street.  Raymond state this corner is an issue with traffic and accidents. He stated they do deliver gas during day and food deliveries.  He asks they re-locate the building to where the original Sunoco building was.   He stated back when Sunoco was done it was one lot.  He stated they are proposing fencing along his property line and he doesn’t want vinyl. He submitted picture of fence at the new Walgreens which is a wooden shadow box fence.   The owner didn’t have an issue with that type of fence.  Mr. Kanan stated the tanks are going to remain the same.  Mr. Sidor suggests the building be reduced to half its size.  He asked about contamination and Atty. Rosa answers there is no contamination.  Mr. Sidor stated when they did the bridge repairs they found some gasoline per the Mass. DOT.   Atty. Rosa stated they had 51 remediation done and it’s a clean site.   Mr. Sidor asked if the building would be one or two stories, flat roof or pitched?  Mr. Kanaan answers one story and he’s not sure of the roof yet.  Mr. Sidor presented old plans showing old lot and showing it was one large lot.  Mr. Sidor stated the Board talked about perhaps moving building over and asked about dumpster.  There were several conditions that have been shown on new plans.      
Manny made motion to approve as Presented, to include the DIRB conditions, seconded by Jody.   4 opposed, 2 in favor (Campbell & Spencer) Motion does not pass.
There was some discussion about moving the building over and putting dumpster on to other side, closer to Washington Street side.   Several Board members were in favor of that.    

Jody made motion, seconded by Arthur to approve the Site Plan Review with the following conditions:  

Condition #1) That the plans dated October 29, 2015 and revised through December 28,  2015 shall govern with the following additional conditions:
Condition #2) 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 #3) Lighting shall not illuminate any portion of abutting properties.
Condition #4) 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 (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 condition #1 above and all utility as-builts.  
Condition # 6) A Food Plan Review from the Board of Health is required.
Condition #7) A grease trap is required if food or beverages are served.
Condition #8) The dumpster shall be  re-located to the north side of the revised building and  shall be located on a concrete pad, enclosed by a 6 foot stockade fence, be kept closed at all times and emptied regularly.
Condition #9) The Sewer and Water connections must be approved by the DPW for inclusion on the proposed plan.  
Condition #10) The existing kiosk shall be removed.
Condition # 11) Landscaping shall be planted in accordance with Section 7.1.1 and 7.1.2 of the zoning ordinance.
Condition #12)   A 6 foot shadow box wooden fence shall be placed along the rear of the building property line of Sidor property.  (See picture dated 1/6/16 for type of fencing)
Condition #16)  The  planned building location shall be moved southeasterly to the minimum required sideline setback from the southeast property line and the 2 parking spaces to be re-located on the northwest side of the building.  
All in favor.

Public Meeting – Site Plan Review – 48 Broadway – for the addition of auto sales (5 vehicles) with a waiver of the landscaping requirements in conjunction  with the exiting uses of convenience store, service station and gasoline station. Submitted by Taunton Service Center.
Clerk Spencer read the public meeting notice Clerk Spencer read the department comments from the DIRB, Water Dept. and Veolia .  
Jody made motion to make department comments as part of the record, seconded by Arthur. All in favor.
Atty. Thomas, 98 County St., stated they went to DIRB and had to go back to the ZBA to ask for the 3rd bay to remain.   Chairman Campbell asked if they filed a 81X plan combining lots.  Atty .Thomas stated they will do along with new deed asap.   Manny stated when they went to ZBA they approved a 7 car lot with the condition of the 3rd bay be removed.  Then they went to the DIRB and realized the needed to have the 3rd bay remain as they do inspections.  So they have submitted updated plans showing a 5 car lot per the ZBA approval.  Chairman Campbell stated this was originally 3 lots? Atty.Thomas said it has one deed but states parcel 1,2, 3.  Public input:  No one in favor or opposed. Jody stated they keep a nice place and doesn’t think it’s a big impact.     
Tony made motion to approve the Site Plan Review with the department comments, seconded by Jody.
That the project shall conform to the plans dated September 13, 2006 and revised through November 10, 2015 with the following additional conditions:
Condition #2) 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 #3) Lighting shall not illuminate any portion of abutting properties.
Condition #4) 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 (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 condition #1 above and all utility as-builts.  
Condition # 6) The site shall have a five (5) vehicle limit for storage and display of vehicles for the Class II License and all vehicles shall be store/displayed in the defined spaces as shown on the plan.
Condition #7)  The oil water separator shall be shown on the plans.
Condition #8)  The dumpster shall be located on a concrete pad, enclosed by a 6 foot stockade fence, be kept closed at all times and emptied regularly.
Condition #9)  The southerly entrance on Broadway shall be left in its current configuration.
Condition #10)  There shall be no storage or display of auto parts on the exterior of the building.
Condition #11)  The reference to container storage shall be removed from the plan and the note on the retail auto spaces shall read 10-14 not 8-14.
Condition #12)  The 3 parcels shall be merged into one parcel.
All in favor.

Preliminary Plan – Inclusionary Housing – 40 Units to be located at 135 Berkley St.  
Arthur disclosed that he is on the T.H.A.  Board but has no conflict and can vote on this.  
Mike Mattos, Exec. Director of Affordable Housing and Services Collaborative Inc., and Janet Bernardo, P.E. Horsley Witten Group were invited into the enclosure.  Ms. Bernardo stated they are taking over the old Walker School on Berkley Street and proposing to make apartments.  They will be filing a Special Permit with the City Council for Inclusionary Housing.  They are here tonight to get the base density and that will determine what they can ask for at Council.   They would like to do 40 units at this location, they will be adding on the former school.  Manny asked about any future development. She stated yes the existing school building will have 16 one-bedroom units and the expansion will have the remaining units.  Arthur asked if the entrance would be on Anawan Street and she answered yes where the playground is.  Berkley Street will be used for emergency vehicles and trash pickup.   Mr. Alan Medeiros is a direct abutter and he wanted to disclose that there he has an easement that runs over property to Riverview.  He will relinquish that easement in exchange for a sewer easement.   Ms. Bernardo stated they did not find recorded easement when they did title search.  Mike Mattos stated they will look into that and he doesn’t think it will be a problem.    
Jody made motion to find the base density at 23 units. Seconded by Tony. All in favor.

Taunton Ridge Subdivision – Letter from City Engineer requesting street acceptance – Hummingbird Lane, Mockingbird Way, Bluejay Lane, Kingfisher Way, Cormorant St., Puffin Way, Cardinal Drive
City Engineer Mark Slusarz stated residents are petitioning the Council for street acceptance.  Clerk Spencer read his letter recommendation a positive recommendation for these streets to be accept by the City which will help in Chapter 90 grants.  
Jody made motion to forward a positive recommendation, on the recommendation of the City Engineer,  to the Municipal Council to accept  Hummingbird Lane, Mockingbird Way, Bluejay Lane, Kingfisher Way, Cormorant St., Puffing Way and Cardinal Drive as public ways in the City, seconded by Arthur. All in favor.

Meeting adjourned at 7:25 PM