Town of Raynham, MA - Planning Board Minutes August 12, 2004

The Raynham Planning Board held its regular meeting on Thursday, August 12, 2004, at Raynham Town Hall.~ The meeting opened at 6:40 p.m. with Daniel Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney, and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).

6:41 p.m. - Finch Farm Condominiums site plan was discussed.~Correspondence dated August 10, 2004 was received from Mr. McCarthy and Memorandum dated August 10, 2004 was received from JNEI. Mr. McCarthy explained that developer Mike Thiel (not present) wanted to obtain a building permit for Lot 5 and a Certificate of Occupancy for Lot 4.~~Mr. McCarthy noted he and John Schmid conducted a site visit at Lots 1 - 4.~ He also noted the surety funds being held for the project are ample to complete outstanding issues.

Mr. McCarthy and the Board discussed the screening that was placed on the abutting neighbor's property, at their request, instead of on Lot 5 as indicated on the plan.~ After discussion, Board members agreed that Mr. Thiel should submit a letter for the record indicating that the buffer was planted on the neighbors' lot at their request and with the Board's approval.

Mr. Schmid reviewed his correspondence, noting that sidewalks on the site have been done.~ He suggested the plan be modified to eliminate some of the stop signs that he felt were not necessary.~ He also noted he suggested to Mr. Thiel, who agreed with him, that the swale on the westerly side of Lot 4 be eliminated because it is unnecessary and it is unsightly.~ After discussion, Board members agreed they would act on Mr. Thiel's request for a building permit and Certificate of Occupancy when a letter as discussed is received from Mr. Thiel.

6:50 p.m. - Aspen Hollow Estates - Attorney Orlando D'Abreau, Taunton, MA, appeared before the Board on behalf of Tim and Patrica Ellis, owners of Aspen Hollow subdivision off North Main Street. Mr. Fountain updated the Board on the fact that Attorney D'Abreu was concerned with language in the covenant stating all lots cannot be sold until the roadway is constructed or unless all lots are sold together.~ Attorney D'Abreau explained that Mr. and Mrs. Ellis wish to convey the subdivision with the exception of Lot 6, where their current home is located, and Lot 5.~ Attorney D'Abreau and the Board discussed proper language to be used for drafting a document indicating that Lot 6 may be released from the covenant and Lot 5 will remain subject to the conditions of the covenant although its ownership will be retained by Mr. and Mrs. Ellis and not conveyed to the developer with the other subdivision lots.~ After discussion, motion was made to accept the proposed new language in order that the covenant can be signed after it is reviewed by Burke Fountain; motion seconded; motion passed by unanimous vote.

7:00 p.m. - Munro Electric site plan public hearing was reconvened.~ A written request, dated August 12, 2004, was received from Field Engineering requesting a continuance of the hearing.~ Board members continued the hearing to September 9, 2004, 7:20 p.m.

General Discussion:~ Board members discussed the fact that several projects are presented at public hearings with excessive outstanding issues to be resovled between applicants and JNEI.~ After discussion, Board members agreed a public hearing will be automatically continued if more than 5 or 6 project issues are outstanding.~ After further discussion, Mr. McCarthy agreed to draft a "Determination of Completeness" form to determine if future projects are ready for submittal.

7:15 p.m. - Rockland Trust, Route 44, Site Plan - Steve Morrell, BKA Architects, presented a revised plan indicating the layout of bollards at the Rte. 44 Rockland Trust site.~ He noted the approved site plan did not address the location of the bollards because the building layout was not known at the time.~ Mr. Morrell explained 9 bollards are now proposed around the building.~ After discussion, Board members requested an additional bollard be located in the rear of the building, bringing the total number to 10.~ Mr. Morrell agreed to this. Motion was made to accept the submitted plan as revised indicating the locations of the bollards as a minor modification; motion seconded; motion passed by unanimous vote.

7:30 p.m. - Berry Hill Adult Retirement Community (ARC) plan public hearing was reconvened.~ Scott Faria, Gallagher Engineering, Foxboro, MA, and applicant Nick Mirrione, Easton, MA, were present.~ Mr. Andrade and Mr. Gallagher recused themselves from the hearing.~ Correspondence was received from JNEI, dated August 11, 2004. Mr. Faria updated the Board on the plan.~ He noted the conventional plan indicates 25 lots, which, if approved, would allow 50 ARC lots.~ John Schmid agreed the conventional plan allowed 25 lots.~ He noted Mass. Highway has "conceptually blessed" the drainage plan but written confirmation has not yet been received.~

Mr. Faria then presented the conceptual ARC layout plan.~ He reviewed the plan for the Board, noting there is a boulevard entrance from Pine Street, a minimum 25 feet buffer along Pine and Pleasant Streets will be provided, a 75 feet buffer will be provided along the Mazzolini property, and no basin will be located in the 75 feet buffer.~ He noted there will be a clubhouse, a pool, and municipal water and sewer will be provided.~

Mr. Mirrone discussed the proposed sewer line and the pump station location, noting the sewer line will be available for other projects if needed.~ Mr. Faria discussed the common driveways.~ Mr. Schmid explained the proposed drainage system.~ Mr. Canto suggested a safety access entrance from the site to Pleasant Street.~ After discussion, Mr. Faria agreed to provide the safety entrance.~

Mr. Andrade asked if others present had any comments.~ Steve McDonald, 1190 Pleasant Street, stated he believed the drainage along the Pleasant Street side was actuallly located on State property.~~ After discussion, Mr. Faria agreed to research the matter and get State approval for the drainage if necessary.

Steve McDonald expressed concern about excessive noise from the highway when the trees are cut down.~ Mr. Mirrione explained that a sound barrier will be provided along the Rte. 495 property side to lessen noise for the ARC residents.~ Mr. Mirrione noted that except for the buffer areas, all trees on the site will be cut. After discussion, he agreed to add trees or fencing to the buffer if needed for the ARC residents.~ Christine Mirrione explained she has been researching sound barriers for the site.~

Mr. Faria noted no waivers were being requested with the possible exception of a waiver from sidewalk requirements.~ Mr. Fountain stated he was concerned with soil conditions and with general drainage.~ After discussion, it was noted this plan was preliminary only and that a detailed definitive plan will be submitted.~ The Board took no action on the preliminary plan.

8:06 p.m. - Gatsby Gardens site plan public hearing was convened.~ Nyles Zager, P.E., Outback Engineering, and builder Richard Kelly were present on behalf of the plan.~ Mr. Carlson read the public hearing notice.~ Chris Gallagher noted he had done work in the past for Mr. Kelly, who is not the applicant but will be building the condominiums.~ After discussion of the matter, Mr. Gallagher recused himself from the Board for the hearing.~ Correspondence on the matter was received from JNEI, dated August 12, 2004, Highway Supt. Roger Stolte dated July 27, 2004, and Town Planner Richard McCarthy, dated August 10, 2004.

Mr. Andrade noted there were 32 outstanding issues according to the latest JNEI review correspondence so the Board would be continuing the hearing so they can be resolved.~ Mr. Zager explained he recently took over the project after the original project engineer left the firm.~ He noted he has completed the drainage work but has not yet been able to address all the outstanding issues.~ He briefly explained the plan proposes~20 condominium units, which will be located in Raynham but access will through Middleboro Ave. in Taunton.~ The site will have Taunton water.~

Denise Grenier, 20 Gatsby Drive, addressed the Board and expressed concerns with the existing bad roadway conditions and problems with snowplowing being done in a timely manner.~ Christine Fallo, 40 Gatsby Drive, expressed concerns with septic system adequacy.~ Mr. Zager explained the septic will comply with Title V regulations.

Mike Venditti, 68 Gatsby Drive, asked if the plan consisted of two lots and if any variances were being requested because the size of one lot did not seem to comply with zoning.~ Mr. Zager explained there were two lots and no variances were being requested because the owner will be buying adjacent land so both lots will be conforming.~~ Mr. Kelly noted a P & S agreement is in place to purchase the adjacent land.~ After discussion, Board members agreed the owner of the adjacent property should sign the application before proceeding any further.~

John Schmid advised Mr. Zager to contact Roger Stolte to discuss the plan.~ After discussion, the hearing was continued to August 26, 2004 at 6:30 p.m., at which time an extension of the time-to-act will be submitted and the hearing will then be continued to a later date.~

8:37 p.m. - 611 Center Street Child Care Center site plan public hearing was convened.~ Carl Carlson read the hearing notice.~ Applicant Michelle Darling, Raynham, MA, was present along with Todd Pilling, P.E., Pilling Engineering.~ Correspondence was received from JNEI, dated August 12, 2004 and Town Planner Richard McCarthy, dated August 10, 2004.

Mr. Pilling reviewed the proposed plan for the Board, noting that the childcare center is an allowed use in a Residential A district, no one will be residing in the building, the existing garage will be removed but the second out-building will be kept for use as a gym, there will be five employees with a maximum of 58 children at random times.~ Mr. Pilling discussed the drop-off and pick-up area and he explained there will be 18 parking spaces on site.~ He noted the center will have a termination policy for any parking on Center Street.~ He stated the stacking cue will have room for 11 cars.~ He informed the Board the Fire Chief expressed concerns with the site distance so he will be reviewing that matter further.~

During discussion, Mr. Gallagher stated the parking spaces would be more effective if they were angled.~ Mr. Pilling agreed.~ Mr. Gallagher also asked for more information regarding the State's requirements for maximum number of children allowed at a site.

Mr. Schmid noted the site is tight and he asked where snow would be removed to after plowing.~ He suggested removing the second building would open up the site.~ After discussion, Board members agreed snow removal would be a problem.~ Ms. Darling noted her snow day policy is the same as the school district, which allowed her time to clean up her site or cancel for the day.

Frank Cabral, 614 Center Street, addressed the Board as an abutter to the site.~ He expressed concerns with the traffic that would be generated with 58 students at the facility.~ He asked the Board not to waive the Traffic Impact Study.~ He noted traffic in the area is getting worse, there are many accidents at the corner and speed limits are ignored.~ He stated he felt the traffic lights being installed at the intersection will worsen the matter because traffic will back up to the daycare center site.

Police Chief Peter King addressed the Board.~ He noted he was not certain of the impact of the traffic lights.~ He agreed cars would stack up to the site when the lights are installed.~ He noted if there was any unexpected occurrence at the facility, traffic could be gridlocked. He noted it would be hard to fight a fire and evacuate the site if necessary.~ He stated the flow pattern and access to the site were not good.~ He agreed snowplowing at the site will be a problem because the driveway could be blocked and gridlock could be created.~ He stated he had serious concerns with the site especially with young children involved. He stated he felt the facility was very small for the number of cars and parking.~ He noted the sight distance line could be a problem also because of trees on the site.

After discussion, Mr. Andrade stated there were problems entering the site and the site was not good for 58 children.~ He suggested it would be a waste of the applicant's money to proceed with the plan.~ Mr. Fountain agreed with Mr. Andrade, noting fire trucks would have a problem getting into the site and there could be problems if a car stalled in the driveway.~ Mr. Canto agreed there the site was potentially a bad situation.

Board members and Mr. Pilling discussed the possibility of another access to the site.~ During discussion, Mr. Pilling noted that not all parents of children worked in Raynham and it would take time for them to reach the daycare center so there would not necessarily be a back up of cars in an emergency.~~ He noted the termination policy was effective in keeping traffic flowing smoothly at the site.~ Mr. Fountain noted that if one car was out of place there could be trouble in an emergency.

Ms. Darling stated she bought the property because she believed the Board told her at a previous meeting that the site was promising.~ After discussion, Mr. Andrade suggested the plan could be revised for a lesser number of students.~ Mr. Gallagher stated more information was needed on the plan.~ After discussion, Board members agreed to continue the hearing to September 9, 2004, 7:30 p.m.~~~~~

9:30 p.m. - John Bensely, P.E., Beals & Thomas, presented for approval a modified Garcia Dental site plan.~ Correspondence dated August 3, 2004 was received from JNEI.~ David Medeiros of Garcia Dental was present.~ He explained that the building is being downsized due to construction costs.~ The building size will be reduced from 8,312 sq. ft. to 5,512 sq. ft., it will be one story instead of two stories. He submitted a memo dated August 12, 2004 regarding parking at the site. The plan proposes two access driveways with an emergency access drive added at the request of the Raynham Fire Department.~ It was noted parking complies with zoning.~ After discussion, it was agreed that granite curbing will remain along the site entrances.~ After discussion, motion was made to approve the presented plan entitled "Garcia Dental, Raynham Woods Commerce Center in Raynham, Massachusetts (Bristol County)," dated March 3, 2003, revised April 8, 2003, last revised July 29, 2004, as a minor modification with the following condition: the request for concrete curbing along the two entrance drives is denied; motion seconded; motion passed by unanimous vote.~ The plan was submitted for endorsment and tabled to later in the meeting.~

9:50 p.m. - John Bensley, P.E., of Beals and Thomas, presented for approval a modified site plan for Mastria automobile dealerships on Route 44.~ Correspondence dated August 5, 2004 was received from JNEI.~ Mr. Bensley reviewed the modified plan, noting that a wetland finger had been identified by the Conservation Commission so the parking area was modified and nine spaces were eliminated.~ He noted ConCom has approved the modified plan.~ During discussion, it was noted the new number of parking spaces conforms to zoning requirements.~ After discussion, motion was made to approved the modified plan to reduce parking by nine double-stacked parking spaces at the southwest corner of the parcel as presented on the plan entitled "Mastria Automobile Dealerships Route 44, Cape Highway Raynham Woods Commerce Center Raynham Massachusetts," prepared by Beals and Thomas, Inc., dated May 3, 2004, last revised July 26, 2004 (ConCom Wetland Adjustment); motion seconded; motion passed by unanimous vote.

9:58 p.m. - John Bensley of Beals and Thomas presented a Form A plan for Mastria Dealership site plan on Route 44.~ During discussion of the plan, Mr. Fountain noted that cross easements for the common entrance to the two dealerships should be on the plan.~ Mr. Bensely agreed to provide this information.~ He noted that Mr. Mastria owns both lots but if one were to be sold he would grant an easement to the other lot for access.~ During discussion, it was also noted that Mr. Mastria had not properly signed the Form A application.~ After discussion, motion was made to approve the plan entitled "Lots 18-1, 18-2 Plan of Land in Raynham, MA (Bristol County)," prepared by Beals and Thomas, Inc., dated July 26, 2004, as an Approval Not Required Plan and to hold the endorsed plan in escrow until the application is properly signed; motion seconded; motion passed by unanimous vote.

August 10, 2004 was received from JNEI, letter dated August 9, 2004 was received from Roger Stolte, Highway Supt.~Correspondence dated July 30, 2004 was received from Attorney Donald McManus regarding the Stipulation of Dismissal of Mr. Westcott's appeal of the previous denial and copies of a Drainage Easement and Grading Restrictions and Easement for the Board's approval.

Mr. Westcott submitted a mylar plan signed by the Town Clerk but did not provide the four additional copies for endorsement.~ Mr. Fountain noted he had received the easement documents to review but he needed a copy of the plan to review with the documents.~~ Mr. Westcott agreed to provide a copy to Mr. Fountain.~ Mr. Westcott asked the Board if they would endorse the plan before the easement is accepted by Town Meeting, which was a condition of acceptance.~ Mr. Fountain informed Mr. Westcott that a partial release of his mortgage from his bank is needed.~~The plan was not endorsed and the matter was tabled to the next meeting.

10:15 p.m. - Robert Kelly and Attorney Mike Morrizzio presented for approval a modified 1958 Broadway Realty Trust site.~ Mr. Kelly explained that a 30 feet kennel on the site is being taken down and property lines on the site plan are being changed.~ Attorney Morrizzio explained he wanted the site plan to reflect the property lines that were changed by instrument of an engineered description.~ Board members informed Mr. Kelly that a Form A plan is the proper and legal way to change lot lines.~ After further discussion, Mr. Kelly and Attorney Morrizzio agreed to submit a Form A plan showing the new property lines.~ After discussion, a motion was made to accept the plan entitled "Broadway Realty Trust 1958 Broadway, Raynham, MA Site Plan 'Cover Sheet' in Raynham, Massachusetts," prepared by Hayward-Boynton & Williams, Inc., dated October 24, 2002, last revised August 10, 2004 (Updated Property Lines/Util. Locations);" motion seconded; motion passed by unanimous vote.~ The modified site plan was endorsed.~ After discussion, Mr. Kelly agreed to submit $500 to replenish the project review account for 1958 Broadway site plan.~

10:30 p.m. - Minutes of May 13, 2004 and July 22, 2004 were submitted.~ Motion was made to accept the minutes of May 13, 2004 as printed; motion seconded; motion passed by unanimous vote.~ Motion was made to accept the minutes of July 22, 2004 as printed; motion seconded; motion passed by unanimous vote.