Town of Raynham, MA - Planning Board Minutes July 27, 2006

The Raynham Planning Board meeting of July 27, 2006, opened at 6:30 p.m. with Daniel Andrade, Burke Fountain and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy, John Schmid of Judith Nitsch Engineering, Inc. (JNEI) and Administrative Assistant Maureen McKenney.

6:30 p.m. - Form A plan for 1084 Broadway was presented by Attorney Michael Giaimo and applicant David Dunham, Raynham Main, LLC.~ Mr. Fountain presented a copy of a letter he sent to Town Clerk Helen Lounsbury regarding a Planning Board ethics question involving the locus property.~ Mr. Fountain read the letter, which explained he contacted the State Ethics Commission regarding a question of a conflict of interest and the State ultimately determined there was no conflict of interest for Mr. Fountain.~ Mr. Gallagher stated he previously drafted a plan for a potential developer of this site.~ Mr. Dunham and Attorney Giaimo both indicated they were agreeable to Mr. Fountain and Mr. Gallagher considering the plan.

Letter dated July 19, 2006 regarding concerns related to the 1084 Broadway Form A was received from Town Counsel Marc Antine.~~ Attorney Antine's letter advised the Board that because no subdivision of the land is involved, the Board can sign the Form A plan.~ Mr. Gallagher explained that he thought the proper plan for this site is an "81X" plan, which would not need to be presented for Board approval.~ He noted if the Form A plan is signed, it means the Board is agreeable to the frontage and access to the lot although he believes the land has neither proper frontage nor access.~

Mr. Fountain noted that after researching the matter and speaking to Town Counsel, he believes the Board can ask that there be no notes on the plan or that notes regarding frontage or access issues may be added to the plan at the Board's request.~

Attorney Giaimo said he agrees with Attorney Antine that the plan can be endorsed.~ Attorney Giaimo said he prefers the plan notes be removed rather than new notes being added.~ After further discussion of the plan notes, motion was made to accept the "Plan Of Land Of 1084 Broadway Raynham, Massachusetts Owner:~ Raynham Main, LLC," dated June 17, 2006, prepared by Odone Survey & Mapping, as a plan not requiring subdivision approval with the provision as agreed to by the applicant that Note 6 beginning with "B" and going through "C" and continuing to the end and Note 7 all be removed before signing; motion seconded; motion passed by unanimous vote.~ The revised plan will be submitted at a later date.

6:50 p.m. - Form A plan for land on Leonard Street, owned by Rita Nadeau, was presented by Otis Dyer.~ After review of the plan, motion was made to approve the plan entitled "Land Owned By Rita D. Nadeau In Raynham, Massachusetts," dated June 15, 2006," prepared by E. Otis Dyer, R.P.L.S., as a plan not requiring subdivision approval; motion seconded; motion passed by unanimous vote.~ Mr. Gallagher signed the plan.

6:53 p.m. - United Service Station site plan (Rte. 138 and Britton Street) was presented for a minor modification.~ Mr. McCarthy noted the applicant could not be present.~ Memorandum dated July 12, 2006 was received from Kevin Leverone, P.E., regarding modifications made to the approved site plan.~

After discussion, motion was made that Certificate of Action condition No. 3 requiring a $1,000 balance in the project review~be removed and condition No. 10 regarding screening requirements also be removed; motion seconded.~ Mr. McCarthy noted John Schmid conducted a site inspection at no cost to the applicant.~ Motion then passed by unanimous vote.~ Motion was made to approve the requested minor modification to 593 Broadway, United Service Station, site plan; motion seconded; motion passed by unanimous vote.~

7:00 p.m. - Hathaway Village/King Estates subdivision:~ Fred Clark appeared before the Board on behalf of Hathaway Village Realty Trust to discuss lot releases at Hathaway Village (off King Street).~ Mr. Gallagher recused himself from the matter because he is an abutter to the project.~ A Construction Cost Estimate, dated July 19, 2006, was received from JNEI.~ Mr. Schmid noted that Phase I of the project is one-half completed and Phase III has binder on the roads.~ He noted an estimate of $183,390 is established for Phase I and $205,035 for Phase III.~ Mr. Clark said he was agreeable to those amounts.~~ Board members unanimously agreed to the construction cost amounts established by JNEI.

Mr. Clark then discussed the Berry Hill ARC project (off Pleasant and Pine Streets).~ He presented a drawing for a proposed sign pole at the entrance to the site.~ After discussion, Board members approved the drawing of the sign pole.~

7:05 p.m. - Norway Estates preliminary subdivision (off Raymond Ave.) public hearing was reconvened.~ Request was received from applicant Phil Martin to withdraw the preliminary plan without prejudice and to refund the review fees.~ Motion was made to refund the balance of engineering review fees; motion seconded; motion approved by unanimous vote.~~ Motion was made to accept the withdrawal without prejudice of Norway Estates preliminary subdivision plan; motion seconded; motion passed by unanimous vote.

7:10 p.m. - Carriage Hill Estates subdivision:~ Attorney David Frenette, Brockton, MA, appeared before the Board on behalf of developer Russell S. Grabau to discuss performance guarantee for Carriage Hill subdivision (located off King Street).~ He informed the Board that he discussed a tripartite agreement with Town Counsel Marc Antine but that after further consideration, Mr. Grabau will be seeking a performance bond for one million dollars as surety.~ He noted the performance bond will be sent to Town Counsel for approval.

Mr. Schmid noted he met with Highway Surveyor Roger Stolte, Town Planner Richard McCarthy and the applicant to discuss outstanding issues at Carriage Hill and at the meeting it was agreed the applicant should submit a letter to the Board explaining why French drains are not needed at the site as suggested by Highway Surveyor Roger Stolte.~ Attorney Frenette said he will meet again with Mr. McCarthy and Mr. Stolte to address issues at the site.

Tony Esposito, P.E., Outback Engineering, submitted copies of a drainage plan for Carriage Hill and he noted that French drains were added to the plan.~ After discussion, it was agreed Mr. Esposito will send a letter on the matter to the Planning Board and then follow up with Roger Stolte.~ After discussion, the Board agreed to the surety contingency amount set by JNEI for Carriage Hill.~ Mr. Schmid informed the Board the work done to date at the subdivision is acceptable and he will review the project carefully.~ The matter was continued to August 10, 2006, 7:05 p.m.

7:15 p.m. - Bella Estates Condominiums special permit/site plan (off Hill Street) public hearing was reconvened.~ Attorney Robert Sheldmerdine, Sharon, MA, appeared on behalf of developer Michael Intoccia, Sharon, MA.~ The hearing was tabled to await the arrival of the project's traffic consultant.

7:16 p.m. - Whippoorwill Woods subdivision: Attorney Robert Shelmerdine, Sharon, MA, appeared before the Board to request lot releases at Cardinal Circle in Whippoorwill Woods (off Locust Street).~ Construction Cost Estimate, dated July 12, 2006, was received from JNEI.~ Mr. McCarthy informed the Board that he received a fax from Town Counsel indicating approval of the Tripartite Agreement in the amount of $219,985 for Whippoorwill Woods.~

After discussion, motion was made to accept "Performance Secured By Lender's Agreement," dated July 24, 2006, between the Town of Raynham, applicant Michael Intoccia of Whippoorwill Woods Realty Trust and lender Norwood Cooperative Bank and to release the 17 lots as requested on Page 3 of the Performance Agreement and that the Form J be executed to release 17 lots; motion seconded; motion passed by unanimous vote.~ After discussion, the Form J was signed and held in escrow until the performance guarantee is recorded.

7:30 p.m. - Bella Estates Condominiums:~ Public hearing for Bella Estates was reconvened.~ Mr. Fountain recused himself from the hearing.~ It was noted that no testimony was taken at the previous public hearing.~ Attorney Robert Shelmerdine appeared before the Board on behalf of applicant Michael Intocccia.~ Bill Buckley, Bay Colony Engineering Group, and Bill Brown, landscape architect, were also present on behalf of applicant.~

Mr. Buckley explained the project to the Board, noting the site consists of 20 acres; a cluster plan is proposed for the 55 two-bedroom units; there will be ten buildings with three courtyards; the wetlands have been previously submitted to the Conservation Commission for another project; there will be no storm water management on site or on Hill Street; there will be municipal water and sewer on site; and, the area where the sewer line is located was recently re-vegetated.~ He noted the proposed use is allowed in the zoning district; a preliminary plan was previously filed for the cluster plan; and, there will be three swimming pools, two site driveways and an emergency access.~ Mr. Buckley discussed storm water issues on Hill Street and soil testing that was done indicating good soils on site.~ He noted a traffic engineer will be present at a later date to discuss traffic issues and the traffic report.

Landscape architect Bill Brown addressed the Board and discussed landscaping and buffer plans for the site.~ He noted more trees than needed are being proposed as buffer for the site.

Mr. Canto asked if the water main on Hill Street is adequate for the project.~ Mr. Buckley informed the Board that no comments were received from the water department stating the main is inadequate but the issue will be addressed if the main is found to be inadequate.~ He said he will talk to the water department regarding the issue.

There was discussion of the buffer area.~ Mr. Buckley noted the existing buffer can be supplemented with additional plantings for noise or sight concerns.~ After discussion, he said he would reconsider the proposed landscaping.~ Mr. Canto noted that some landscaping can take years to grow.~~

Mr. Andrade questioned if the pump station at the adjacent Raynham Woods is adequate.~ He suggested the sewer issues be investigated.~ Mr. Buckley noted a sewer stub on Hill Street is shown on the plan but he was informed by the Sewer Department that it cannot be tied into because of the Intermunicipal Sewer Agreement.~ Mr. Andrade stated he wants a sewer stub that works.~ During discussion, it was noted that this land was rezoned in 2000 to allow Residential B development and adult retirement community developments.~ Mr. Andrade noted he liked the open space plan but he did not agree with the end driveways being used as emergency access only.

Ann Avelino, 370 Hill Street, addressed the Board.~ She explained there is a stream on her property that is not shown on Raynham town maps. She noted her property floods now when it rains so it cannot handle more water coming onto the site.~ She noted she has lost land in recent months due to excessive water.~ Mr. Andrade explained that the proposed project may not correct existing problems but the applicant must prove the project will not impact the current problems.~ He noted the Board is working on improving the existing drainage at the adjacent Raynham Woods.~ Mr. Schmid noted the existing water problems cited by Ms. Avelino are bigger than this project.~ Mr. Schmid suggested the applicant could be requested to do a study on the issue.~ Ms. Avelino reiterated that the situation is serious.

Carol Montague, 404 Hill Street, informed the Board she recently had water problems on her property because the brook backed up.~ Mr. Gallagher explained that the drainage design for Raynham Woods was flawed but he noted the Board is working towards correcting the situation.~ Mr. Andrade agreed the business park is good for the town but it is time to fix the problems with the drainage.~ Mr. McCarthy noted the site plan regulations do not address runoff volume requirements.~ Mr. McCarthy and Mr. Schmid agreed it is becoming a problem that volume is not addressed for projects and the site plans regulations should be amended with volume standards.~

Carl Silva, 683 Hill Street, questioned the clear cutting and plantings proposed for at the site.~ Mr. Brown explained the existing trees will remain approximately 50 feet from Hill Street and other trees will be added.~ Mr. Andrade explained the existing Conservation Commission 'no touch' policy is adhered to.

8:45 p.m. - Bella Estates Condominiums public hearing recessed.~ North Light Realty/Rte. 44 special permit/site plan public hearing was reconvened and then recessed to later in the meeting.~ The Bella Estates public hearing was reconvened.~

Francis McIntyre, 114 Hill Street, stated to the Board that he believed there was a "lackadaisical" attitude towards the line-of- sight at the project and that it should be stipulated that there is a good field of vision from the site.

Ed Tokarz, 69 Hill Street, asked if the project will be for age 55 or older and if the units will be two floors.~ Mr. Buckley said there will be two story town homes and the project is not age restricted.~ Mr. Tokarz stated there should be sidewalks and streetlights.~ Mr. Andrade stated that was a good point.

Deborah McCoy, 665 Hill Street, noted that Hill Street is not wide enough as it is now and the increase in traffic from the project cannot be handled on the street.~ She noted sidewalks on Hill Street would impact property lines.~ Mr. Ellis noted that some kind project will be going on the site and the residents cannot think that nothing will on the site.~ Mr. Andrade noted the width of Hill Street is a good point.

Cynthia Smith, 636 Hill Street, stated she believed the road will be impacted from the project more than the engineer previously stated.~ During discussion, it was noted that there is a problem with getting traffic lights installed in the Hill Street/Route 44 area.~ Mr. McCarthy explained problems with getting the State to approve lights.

Carl Silvia~noted a previous traffic study indicated the intersection received an "F" rating and it will only be getting worse.~ Mr. Andrade noted that traffic issues are a part of the approval process but not all of it.

Cynthia Smith, 1636 Hill Street asked if the applicant considered approaching the State regarding the traffic concerns.~ Mr. Buckley noted the intersection does not meet the State warrant regardless of money being offered.~ He noted the State is reviewing the entire Rte. 44 corridor.~ After discussion, the Time-To-Act for Bella Estates was extended and the public hearing was continued to September 28, 2006, 7 p.m.~

9:13 p.m. - North Light Realty Trust/Rte. 44 special permit/site plan (adjacent to Meineke, 1555 Rte. 44) public hearing was reconvened.~ Attorney Edmund Brennan, Taunton, MA, and Brad McKenzie, P.E., McKenzie Engineering Group, Inc., traffic consultant Mike Abend and applicant Buzz Artiano were present.~ Mr. Andrade noted no testimony was taken at previous meeting.~ It was noted that a prior site plan for this project was denied based on the applicant not being present with the time-to-act about to expire and the Board not liking the plan presented at the time.~

Attorney Brennan reviewed the proposed plan.~ He noted the building is now 4,000 square feet with seating for 50; the tenants will be Dunkin' Donuts and Avis Car Rental; there is now a traffic flow between this site and the adjacent Meineke site shown on the plan; there will be 77 parking spaces; signage is shown on the plan; a larger stacking lane is proposed for the drive-through; and this parcel and the adjacent, both owned by applicant, are incorporated as one parcel on the plan.~~ He informed the Board a Form A plan will be drawn to keep the parcels as one lot.~ He noted waiver requests were on the plan.

Mr. McKenzie noted a plan was filed with the Board of Health to incorporate the septic system at Meineke into this site.~ Mr. Artiano noted he wanted to avoid a potential problem after the site was paved so he opted to move the system now.

Location of the rental cars on the site was discussed.~ It was noted that if the use at the site changes, applicant must return to the Board.~ The Board noted there could be a limit on the number of rental cars allowed on site.

Bill Pizzone, representing the property owner to the northeast, Colletti, addressed the Board.~~ He asked if the plan for the new wall structure was filed with Conservation Commission.~ Mr. McKenzie answered no and he then described the proposed wall and the basin.~ Mr. Pizzone said he believed the wall would need a setback variance.~ Mr. McKenzie said he would speak to the building inspector about the matter.~ Attorney Brennan stated they would design the wall so it does not need a variance.~ Mr. McCarthy noted that current zoning by-laws indicate a retaining wall is not a structure.~

Mr. Abend discussed the traffic study, noting that between 70 to 75 trips were anticipated at the site at the busiest peak morning hour.~ Mr. Ellis questioned if the number of trips would actually be higher.~ Mr. Abend noted the number was based on the building's square footage.~ He agreed to work with JNEI on this issue.

10:10 p.m. - George Estates subdivision public hearing was reconvened.~ Daniel Aguiar, P.E., Sitec Engineering, was present.~ Review correspondence, dated July 27, 2006, was received from JNEI.

Mr. Aguiar informed the Board that there is vertical granite curbing on the plan, there are five-foot sidewalks with five-foot grass strips along the easterly side of the road through the end of the cul-de-sac, and a sidewalk is proposed on the southerly side of Judson Street connecting this property to a bike path and sidewalk proposed on Leonard Street.~ He noted he will be filing the plan with Conservation Commission.

Comment letter from Roger Stolte, dated July 19, 2006, was discussed.~ Mr. Aguiar explained he brought the drainage to the intersection with Judson Street.~ The drainage design was discussed.~ Mr. Schmid noted there is capacity available in the drainage design for additional flow.~ Mr. Andrade requested that Mr. Aguiar send a letter to Roger Stolte informing him how much additional roadway the design can handle.~ Mr. Aguiar agreed to this.~ John Schmid discussed his review correspondence.~~ After discussion, the public hearing was continued to August 10, 2006, 7:15 p.m.

10:25 p.m. - Form A plan for land on Mill Street, owned by Gonsalves, was presented by Mark Tisdale, P.E., Hayward-Boynton & Williams, Taunton, MA.~ He noted the site is 20 acres at the corner of King Philip and Mill Streets; the nine lots being created meet zoning regulations; the wetland line is approved; and, perc tests have been done.~ Mr. Tisdale explained that a drain and roadway easement is being provided to the Town of Raynham to accommodate Mr. Stolte's drainage concerns.~

After review of the plan, motion was made to approve the plan entitled "Plan of Land In Raynham, Massachusetts Owned by Alice K. Gonsalves et al," dated July 26, 2006, drawn by Hayward-Boynton & Williams; motion seconded; motion passed by unanimous vote.~ Mr. Gallagher endorsed the plan.

10:30 p.m. - Evergreen Estates subdivision (off White Street):~ JNEI Field Report, dated July 6, 2006, for Evergreen Estates was received.~~ James Yafrate, Nottingham Drive, was present to discuss concerns at the subdivision.~ He informed the Board that he noticed a tree cut within the 25-foot no-cut zone and he spoke to the Town Planner about the matter.~ Mr. McCarthy stated the tree that was cut measured 23 feet from the wetland flags.~ After discussion, it was agreed the JNEI Memorandum,~dated July 6, 2006, will be referred to the Conservation Commission.~ Mr. Yafrate also questioned the bank area for the detention basin.~ Mr. Gallagher explained the basin must be built according to plan and an as-built plan must be submitted for verification.

General Business:~ Letter dated June 21, 2006 was received from Chris Marcheselli requesting a bond reduction at Fairlane Estates.~ After discussion, it was agreed John Schmid will conduct a site inspection.~ After discussion, motion was made to request $1,500 for the Fairlane Estates project review account; motion seconded; motion passed by unanimous vote.

Correspondence, dated July 27, 2006, was received from Attorney Jack Smolokoff, Canton, MA, requesting a lot release for Lot 29A Braemoor Woods (off Hill Street).~ After discussion, motion was made to release Lot 29A at Braemoor Woods upon receipt of proper submittal of the Form J for the Planning Board to sign; motion seconded; motion passed by unanimous vote.~

Copy of letter dated July 3, 2006, from Highway Surveyor Roger Stolte to Sewer Commissioner Frank Carbral, re. Sewer Connections in Reconstructed Roads, was received. Copy of letter dated July 10, 2006, from Sewer Commissioner Frank Carbral to Highway Surveyor Roger Stolte, re. Sewer Connections in Reconstructed Roads, was received. No action was taken.

Letter dated June 30, 2006 from Douglas C. Prentiss, P.E., P.T.O.E., JNEI, to Town Planner Richard McCarthy re. Wal-Mart-Rte. 138 Functional Design Review was received. No action was taken.