Town of Raynham, MA - Planning Board Minutes June 9, 2005

The Raynham Planning Board meeting of Thursday, June 9, 2005, at Raynham Town Hall, opened at 6:30 p.m. with Daniel Andrade, Burke Fountain, John Canto, Chris Gallagher and Henry Ellis present.~ Also present were Town Planner Richard McCarthy, John Schmid of Judith Nitsch Engineering, Inc. (JNEI) and Maureen McKenney, Administrative Assistant.~~

6:30 p.m. - Attorney Michael Polak, Taunton, MA, presented the Harriet Perry/Judson Street waiver of frontage plan for endorsement.~ After brief review, Board members signed the plan.

6:38 p.m. - James Karam, President, First Bristol Corp., presented a modification to the approved Hampton Inn/Rte. 44 site plan.~ John Schmid informed the Board that during a site inspection he viewed lights on the building that were not shown on the approved site plan.~ Mr. Karam explained the additional lights were uplights for decorative purposes.~ Mr. Schmid stated the lights were not a problem.~ After discussion, motion was made to approve~the additional lighting shown on the Site Electrical Plan, 1^st Floor Plan Lighting, Exterior Elevations A3-2 and Exterior Elevations A3-1, all dated April 15, 2004, as a minor modification to the approved Hampton Inn site plan with the condition~that the lighting shall be accent lighting only; motion seconded; motion passed by unanimous vote.

Mr. Karam informed the Board all punchlist items at the site have been completed and he asked for the release of the surety funds.~ There was discussion about the as-built plan, which is being finalized.~ After discussion, motion was made to release the surety funds pending a report from JNEI regarding outstanding issues and approval of the as-built plan from JNEI; motion seconded; motion passed by unanimous vote.~

6:46 p.m. - Form A plan for land on Ryan Drive was presented by Joe Harnois, Conoco Engineers, Bridgewater, MA.~ Mr. Harnois reviewed the plan for the Board, noting that it is a Land Court plan.~ After discussion, motion was made to approve "Plan of Land Ryan Drive Raynham, MA, 1828 Broadway Raynham Realty Trust," dated May 13, 2005, drawn by Coneco Engineers, Scientists & Land Surveyors, Bridgewater, MA, as a plan not requiring subdivision approval; motion seconded; motion passed by unanimous vote.~ Mr. Gallagher signed the plan.

6:53 p.m. - General Business:~ Motion was made to approve the minutes of May 12, 2005 and to waive the reading; motion seconded; motion passed by unanimous vote.~

Town Planner update:~ Mr. McCarthy briefly explained the Housing Strategy information packet that he had distributed to Board members.~ After discussion, a special meeting was scheduled for Monday, June 13, 2005, 6 p.m., at Gilmore Hall, to discuss zoning initiatives for a housing strategy.~

7:00 p.m. - Public hearing for Evergreen Estates (formerly Caityln Estates), located off White Street, was reconvened.~ Mr. Gallagher recused himself from the meeting, noting he was not voting on the plan due to a conflict.~ Bob Patenaude and Karen Patenaude, Earth Services Corp., were present on behalf of applicant Steven Joyce (not present).~ Mr. Andrade read into the record a letter dated May 12, 2005, from Raynham Center Water District.~ He read into the record a letter dated

May 18, 2002, from Barbara Mansfield, White Street, requesting the hearing be continued until she could be present.~ Mr. Schmid informed the Board he conducted a site visit with Mrs. Mansfield and other abutters and had explained that the proposed plan will not negatively impact water runoff in the area.~ After discussion, the Board decided to continue with the hearing.

Mr. Schmid reviewed the June 9, 2005, JNEI correspondence.~ He noted the drainage calcs indicating compliance with DEP standards have not been submitted so the Board might want to impose a condition of approval that the final drainage calcs are reviewed and approved by JNEI prior to endorsement of the plan.~ He then noted all issues in the June 9, 2005 JNEI letter should be addressed and then approved by JNEI prior to plan endorsement.

During discussion, it was noted the open space and drainage parcel would be deeded to the Town, and there will be no homeowners' association.~ After discussion, it was agreed that Mr. McCarthy will determine if the Board of Selectmen have a policy on open space.~ Mr. Andrade then read conditions on the proposed Certificate of Action.~ Waiver requests were discussed.~ After discussion, motion was made to approve the two waivers from Section 9.10 and 9.9 as requested; motion was seconded; motion passed by unanimous vote.~

After discussion, motion was made to approve the plan entitled "Evergreen Estates, Open Space Preservation, Definitive Subdivision, Raynham, MA," dated January 30, 2005, last revised May 9, 2005; motion was seconded; motion passed by unanimous vote (Mr. Gallagher abstained).~ Certificate of Action will be issued.~ (Mr. Gallagher returned to the meeting.)~~

7:24 p.m. - Public hearing for Butler Way, a 2-lot preliminary subdivision plan off Warren Street, was opened.~ Mr. Gallagher read the hearing notice.~ Letter dated June 8, 2005, from H-B & W was received.~ Letter dated June 9, 2003, was received from JNEI.~ Mr. Andrade noted there were many outstanding issues in the JNEI letter and questioned if the Board should proceed with the hearing.~ After discussion, it was agreed to proceed because the applicant needs to demonstrate the conventional subdivision plan is acceptable before proceeding further with the plan.

Mark Tisdale, Hayward-Boynton & Williams, distributed copies of a revised plan.~ He discussed the plan, noting it would cost approximately $100,000 to construct the road if it was to be built for the conventional plan; the conventional plan conforms to subdivision regulations; and the applicant will be seeking waivers in order to construct an "enhanced driveway" rather than a road.~

Mr. Fountain asked Mr. Schmid if the subdivision could be built to standards.~ Mr. Schmid stated it could not be built as a conventional subdivision without waivers.~ He explained the problem with the insufficient radius shown on the plan and the fact that the plan does not meet the stormwater management objectives.

Mr. Andrade noted the Board tries to determine if it is cost effective for a conventional subdivision to be built before they approve an open-space plan.~ Mr.~ Andrade asked if anyone present had comments.~ Karen Martin-Butler addressed the Board, explaining the project has been ongoing for three years.~ She stated they have tried to obtain property from an abutter but have not been able to do so.

Mr. Tisdale discussed the fact that he interprets the stormwater regulations differently than the Board does.~ He also noted the Town stormwater regulations are different than the State regulations.~ Board members and Mr. Tisdale discussed the stormwater regulations as they apply to the plan.

Mr. Schmid discussed the possibility that the radius could be moved four feet in order to keep the frontage, which would resolve the dimensional requirements issue.~ There was further discussion of stormwater regulations of Section 8.0 and the Board's interpretation of those regulations.

There was discussion about the possibility of the applicant seeking a variance from the Board of Appeals as a way to create a buildable lot.~ Mrs. Martin-Butler noted they were advised not to proceed that way.~

There was discussion of whether or not the plan meets the intent of Section 8, stormwater regulations.~ Mr. Gallagher stated he felt because this plan is less than four lots, it meets the intentions. Mr. Schmid said the intent was to make the lots comply with the DEP regulations.~ Mr. Fountain and Mr. Ellis agreed the plan did not meet the intent of Section 8.~ Mr. Canto suggested the applicant seek a variance from the ZBA.~

After discussion, it was agreed the plan must comply with the stormwater standards.~ It was agreed to continue the hearing so the applicant can explore other possibilities.~ The hearing continued to June 23, 2005, 7:45 p.m.

8:15 p.m. - Public hearing for Euro-Tech, 1900 Broadway, site plan was opened.~ Mr. Gallagher read the hearing notice.~ Ken Motta, P.E., Field Engineering, was present on behalf of the applicant.~ Letters dated May 31, and June 9, 2005 were received from Field Engineering.~ Letter dated June 9, 2005 was received from JNEI.

Mr. Motta reviewed the plan for the Board, noting the following:~ a 7,400 sq. ft. building with 10 car bays is proposed; the area is zoned Industrial; the existing house on the site will be razed; a stormwater management system is provided for.~ Mr. Motta distributed photos showing the site distance onto Broadway.~

Jim Borus, Robinson Street, addressed the Board, stating he was concerned with the well on his property being affected by the business to be operated there.~ During discussion, it was noted that paints and other material used at the business are regulated and will be used within the building to avoid contamination problems.~

Mr. Canto noted that auto body shops tend to have a number of cars on site waiting to be repaired so he feels a secured area is needed for storage of scraps and parts.~ Mr. Ellis noted there did not seem to be enough parking for employees, which might present a problem for the parking reduction request.~ Mr. Motta reviewed the parking plan for the Board, noting that 19 spaces are shown.~ During discussion, it was noted there is a possibility of car sales on this site in the future.~ Board members agreed this could present another problem for a parking reduction request.~

After discussion, Board members agreed more information is needed on the plan and the dumpster, fenced-in areas should be shown.~ It was also agreed a roofed area is needed for tire storage.~ There also was discussion about the lack of lighting shown on the plan.

Michael Scarlott, Robinson Street, noted smells from the business would be a problem.~ Mr. Canto explained that auto body shops today have fewer problems with that.~

8:46 p.m. - Greyhound Industrial Park preliminary subdivision plan hearing was opened.~ Mr. Gallagher read the hearing notice.~ Mr. Andrade noted a request for a continuance was received from the applicant.~ After discussion, the hearing was continued to June 23, 2005, 6:35 p.m. in order to obtain an extension of time-to-act.~ If the extension is received, the hearing will be continued to July 14, 2005, 7:25 p.m.

8:51 p.m. - Schwan's site plan modification was scheduled for discussion.~ No one was present on behalf of the applicant.~ Mr. Fountain informed the Board he spoke to Carl Gauthier of Raynham Woods regarding drainage issues and Mr. Fountain was told the issues were being resolved.~ Mr. Schmid further explained that a weir outlet is being rebuilt to help correct problems.~ No action was taken.

8:55 p.m. -~ Karen's Way, off Robinson Street, preliminary subdivision plan hearing was opened.~ Mr. Gallagher read the hearing notice.~ Correspondence dated June 9, 2005 was received from JNEI.~ Mr. Andrade noted there were still many outstanding issues with the plan.~

Kevin Walker, K & J Engineering, was present on behalf of the applicant.~ Mr. Walker presented both a conventional plan and an open-space concept plan to the Board.~ He noted the property was recently rezoned to Residential A and the plan will be filed with the Conservation Commission next week.~

There was discussion about the proposed roadway on the open-space plan.~ Board members agreed the road should not be as straight as it is shown but should have more curves to it.~

There was discussion about the possibility of the applicant extending the water line 500 feet to the adjacent properties.~ Mr. Walker agreed to consider the matter.~ Board members advised him to contact the water district and the highway department to discuss looping the water mains.~ There was discussion of the basin.~ It was noted the open-space plan proposes a flat basin that is similar to a swale.~

Mr. Walker noted the applicant was considering donating Parcel A on the plan to the town for a fire station site.~ Board members were agreeable to the idea.~ Mr. Schmid noted there were no negatives to the proposed open-space plan.~ Board members agreed the water main extension and the fire station land would benefit the Town.

Memo dated May 19, 2005, re. Conservation Commission 25-Foot No Touch Vegatative Buffer Policy was received.~ Conservation Commission Update, dated June 2, 2005 was received.~ Correspondence from Conservation Commission, dated June 6, 2005, re. Abbreviated Notice of Resource Area Delineations was received.~ No action was taken.

Layout plan for Orchard Street was received.~ After review, motion was made to endorse the plan; motion seconded; motion passed by unanimous vote.~ The plan was signed.