The Raynham Planning Board held a regular meeting on Thursday, June 3, 2010, at Raynham Veterans' Memorial Town Hall. Chairman Andrade opened the meeting at 6:05 p. m.
Board members present: Daniel Andrade, Burke Fountain, Russell Driscoll and Henry Ellis (6:15 p.m.)
Board members not present: Christopher Gallagher
Staff present: Maureen McKenney, Administrative Assistant
6:06 p. m. - General Business: Mr. Fountain moved to waive the reading and approve the minutes of April 15, and May 6, 2010, as received; second by Mr. Driscoll; motion passed by unanimous vote.
Memorandum, dated June 1, 2010, was received from Tax Collector Linda King advising of properties with unpaid real estate taxes. Copies of Municipal Lien Certificates for lots in Carriage Hill Estates were received. Copies of the information will be put into relevant folders for future information.
Route 44 Gas site plan: No one appeared before the Board for discussion. No action taken.
Karen's Way subdivision (located off Robinson Street): As-built review correspondence, dated June 3, 2010, was received from Nitsch Engineering. Review consultant Steven Ventresca of Nitsch was present. He informed the Board that developer Steve Hansen had called his office seeking a cost estimate for bond reduction. Mr. Ventresca stated he reviewed the as-built plan and had done a site visit one month prior, and he updated the review report after speaking with Mr. Hansen. He noted Mr. Hansen informed him the trees have survived the past year.
Mr. Fountain noted the utilities were not on the profile plan. Mr. Ventresca stated it is not odd that they are not shown on the plan but it is helpful when they are. Mr. Ventresca stated that John Schmid visited the site with Roger Stolte, Erika Ueberbacher, and Mr. Stolte advised was okay with the project as it is.
Mr. Fountain moved to release funds in excess of $12,043 pursuant to Nitsch Engineering letter of June 3, 2010, pending a written request for release from Mr. Hansen; second by Mr. Driscoll; motion passed by unanimous vote (3).
6:15 p. m. - Hall Street subdivision public hearing was opened. Mr. Fountain read the hearing notice. (Mr. Ellis arrived.) Paul Patenaude, P. E., Earth Services, Taunton, MA. was present along with applicants Aaron Mello and Michelle Mello and Attorney Matthew Costa, Taunton, MA. Project review letter, dated June 3, 2010, was received from Nitsch Engineering; Steve Ventresca of Nitsch was present.
Mr. Andrade announced that in 2000 he built the plaza at the corner of Broadway and King Philip Street and sold the property and plaza to the Mellos. He asked if anyone present had a concern with conflict of interest if he sat on the hearing.
Mr. Ellis asked Mr. Andrade if he has done work since then for the Mellos, and if so, when. Mr. Andrade stated he has not done any work for them since 2000.
There were no stated objections to Mr. Andrade sitting on the hearing.
Attorney Costa presented the proposed plan and briefly reviewed it for the Board. He noted the June 3rd Nitsch Engineering correspondence mentioned issues with lack of frontage. Attorney Costa noted the lots will have proper frontage on the way being created and will not rely on Hall Street frontage.
Mr. Fountain questioned if the second lot shown on the plan meets the definition of a lot.
Paul Patenaude, P.E., addressed the Board and discussed the plan. He noted the proposed driveway goes through the wetlands, there will be a cross slope from left to right, the stream will be adjacent to the driveway, and a 12-inch equalizer pipe is being added to maintain the wetlands.
Mr. Andrade asked if the plan has been to Conservation Commission. Mr. Patenaude explained the plan was before the Commission and that hearing was continued until after the Planning Board reviewed the plan and addressed drainage concerns. Attorney Costa noted they are trying to have the same plan approved by both Planning Board and Conservation Commission. He noted that Conservation is hoping Nitsch Engineering's review for the Planning Board will help them understand any possible adverse wetland impacts.
Mr. Fountain read the definition of a lot from the Raynham Zoning By-laws, noting the definition states that a lot is available for use. Mr. Ellis questioned why the plan proposes two lots when one may not be useable because of the wetlands. Attorney Costa said he understood the Planning Board views a subdivision as having more than one lot so a second lot was created so the plan would comply with the Board's regulations.
Mr. Fountain asked if the second lot is available for use. Attorney Costa stated not immediately but possibly in the future. Mr. Patenaude noted the second lot does not comply with upland requirements.
Mr. Fountain noted there is presently a case pending against the Planning Board related to a similar issue of a one-lot subdivision. He suggested the applicant can return to the Board with the plan when the second lot is available.
Mr. Andrade stated he believes the Board has to look at the plan as a subdivision and consider the issues including drainage.
Mr. Ventresca addressed the Board and discussed his project review report. He noted the Town Planner advised him the neighbors had flooding issues and Nitsch want to look at those issues because they may be exacerbated with the additional impervious being added.
Mr. Patenaude noted there is no need for a catch basin on the plan because the water will arrive to the intermittent stream and then go into the Town drainage system nearby,
Mr. Patenaude explained that the water flows to the street now into existing drainage catch basins and from there across the street.
Mr. Ventresca noted there has been no additional information on the drainage. Mr. Andrade questioned whether or not the existing drainage will be adequate with the additional driveway, and he asked how the area was in the recent rainstorms.
Mr. Mello stated the stream took the water without any problem.
Mr. Patenaude discussed the drainage pipes that will be located under the driveway.
Mr. Andrade asked if anyone present had any comments or questions. The following people spoke: Al Proctor, 440 Hall Street, stated he is concerned with water as his property gets runoff now. He noted the natural drainage flows to the right. Mr. Patenaude agreed that the drainage flows to the right now.
Kathleen Grant, 424 Hall Street, stated she has had a pond in her yard since the last storm. She noted the area has an extremely high water level. She noted the drainage on the subject property is not kept up. She noted she was told by the Highway Superintendent that the existing drains lead to nowhere.
Mr. Fountain noted he recalled Mr. Stolte telling the Board there are problems on Hall Street because the water has no where to go. Mr. Ventresca stated he has no knowledge of that.
Louise Proctor, 440 Hall Street, stated she believes the drainage will not be maintained by the Town.
Dan Silva, 450 Hall Street, asked if a stone wall on the property would be affected by the plan. Mr. Patenaude stated the stone wall will not be touched.
James Davidson, 386 Hall Street, questioned if there is a French drain on the plan, stating the plan would be okay if that were so. Mr. Patenaude said he and Mr. Stolte would both like a French drain on the plan but Conservation Commission does not want the wetlands impacted so it cannot be done.
Board members and Mr. Patenaude continued discussion of drainage. Mr. Andrade noted the main issue for him is the drainage. He suggested the applicant determine if the existing drainage is adequate. He requested a letter from Highway Superintendent Stolte on the issue. He noted if the plan is relying on off-site drainage, further information is needed.
Mr. Ellis stated he is concerned with the legal definition of the second lot and whether or not the plan is before the Board legally. Attorney Costa agreed to provide a letter to the Board on the subject.
After discussion, the public hearing was continued to July 1, 2010, 6:15 p. m.
7:18 p. m. - South Main Street/King Philip Street corner lots: Frank Campbell and Todd Pilling, P.E., Pilling Engineering, Brockton, MA, appeared before the Board to discuss a proposed plan for 5 acres owned by King Philip Realty Trust, John Noblin et al, Trustees. Mr. Pilling explained applicants will be submitting a Form A plan depicting three lots with one wetland crossing and an open-space plan proposing three lots with no wetland crossing.
Mr. Ellis noted an open-space submittal must first show that a conventional subdivision plan can be accomplished.
Board members and Mr. Pilling discussed whether or not an open space submittal can be done with a Form A plan. It was noted the open-space plans are usually done by subdivision plan. It was also noted the frontage on an open-space lot is 100 feet.
Mr. Fountain stated the plan was acceptable to him. After further discussion, it was agreed that Town Planner Marilyn Whalley should research whether or not an open-space plan can be done with Form A lots. Board members agreed the biggest issue for the submittal is the legality of using Form A lots.
Mr. Pilling and Mr. Campbell informed they will submit the plan to the planning department tomorrow.
7:43 p. m. - General Business: Mr. Fountain informed the Board that he spoke with Town Counsel Antine about the matter of road acceptance and easements. He noted Attorney Antine indicated he wants developers to keep the fee rights in the road until a road is accepted by the Town. Attorney Antine and Mr. Fountain discussed using easements instead. It was agreed to send Attorney Antine copies of easements given to the Town by developers for roadways.
7:46 p. m.- Mr. Andrade moved that the Board go into Executive Session to discuss pending litigation related to Roger's Way subdivision; second by Mr. Fountain; motion passed by unanimous vote (4).
7:52 p. m. - Executive Session concluded and the Board went back into regular meeting.
There was no further business, and the meeting adjourned at 7:53 p. m.
Christopher J. Gallagher, Clerk