The Raynham Planning Board meeting of May 10, 2007 opened at 6:00 p.m.
Board members present: Burke Fountain, Chris Gallagher, John Canto,
Henry Ellis (arrived approximately 6:40 p.m.)
Board members not present: Dan Andrade
Staff present: Town Planner Richard McCarthy, John Schmid, Nitsch Engineering
Staff not present: Maureen McKenney, Administrative Assistant
6:02 p.m. – General Business: The Board’s upcoming meeting schedule was discussed. After discussion, it was agreed to cancel the regular May 24, 2007 meeting and meet instead on May 31, 2007.
Mr. McCarthy informed the Board that Wal-Mart, Rte. 138, matter was getting closer to either a court hearing or a settlement. He noted the engineers have been working on the Center Street signal plans. He also noted he met with two business owners in the Center Street area regarding the signalization issue.
Mr. McCarthy informed the Board that a commuter rail meeting was held yesterday and that an architecture class from Roger Williams University has prepared a conceptual design plan for the dog track as a trans-oriented development and they would like to present it to the Board. Mr. McCarthy will advise when the presentation will be held.
Mr. McCarthy informed the Board that he will meet with North Raynham Water District Commissioners next week regarding Zone II mapping. He will advise the NRWD that the map should be drawn to DEP standards.
Mr. McCarthy noted the highway department installed the directional signs at the Town Hall and the contractor will be doing the striping as soon as he is able.
Mr. Fountain moved to waive the reading and accept the minutes of April 26, 2007 with a correction made that the town planner was not present at the meeting; second by Mr. Gallagher; motion passed by unanimous vote (3).
6:15 p.m. – Discussion re. Hill Street Drainage Study – Dan Aguiar, Senior Project Manager, Sitec Engineering, Dartmouth, MA, appeared before the Board to discuss the “Drainage Study Report Hill Street Culvert, Raynham, Massachusetts,” dated April 25, 2007, prepared by Sitec. Mr. Aguiar noted the study was done for the Town for the Hill Street water shed and the associated culvert area. Mr. Aguiar explained the drainage study results for the Board. He noted that over time Hill Street properties have experienced more flooding. Mr. Aguiar explained that part of the flooding problem was the fact that mitigation for runoff rates for smaller rain storms, from one-inch to five-inch rainfall, was not originally requested from the developers of Raynham Woods and that the
smaller, more frequent rain events have increased the flooding. Mr. Aguiar discussed possible solutions to the situation, as noted in his April 25, 2007 report.
Erika Ueberbacher, Conservation Commission agent, addressed the Board regarding the issue of whether or not the Rivers Protection Act may apply to the study area.
Correspondence from Nitsch Engineering, Hill Street Culvert, Analysis Review, dated May 10, 2007, was received. John Schmid discussed his review.
During discussion, it was noted Preferred Freezer, Intoccia Construction and Paramount Development are property owners who may be helpful to the Board in mitigating the situation.
Bob Davis, 32 Francine Road, addressed the Board regarding the Hill Street culvert issue.
Highway Superintendent Roger Stolte addressed the Board regarding the matter.
Mr. McCarthy explained he and Ms. Ueberbacher are proceeding with putting an action plan together. No action was taken by the Board on the matter.
(Henry Ellis present)
6:40 p.m. – Awais Farms Subdivision public hearing was reconvened. Attorney Philip Nessralla, Brockton, MA, appeared before the Board. Mr. Fountain explained to those present that a recorded variance on the property had been found at the Registry of Deeds. Attorney Nessralla requested a continuance. No testimony was taken. The hearing was continued to June 14, 2007, 6:25 p.m. Mr. Fountain informed that an extension of time-to-act will be needed if the plan is not withdrawn at that time.
6:50 p.m. - Public hearing for zoning amendments was opened. Mr. Fountain moved to waive the reading of the public hearing notice; second by Mr. Gallagher; motion passed by unanimous vote (4).
Mr. McCarthy explained the proposed amendments.
Mr. Canto discussed his concerns with the proposed amendment to Sec. 4.10, Permitted Uses; Designated Development District, regarding allowing specialty retail in the Designated Development District. It was noted the only Designated Development District at this time is Raynham Woods Commerce Park. Modification to the proposed amendment was discussed. Mr. Gallagher moved to approve Section 4.10 with modifications; second by Mr. Ellis. Mr. McCarthy explained the amendment could possibly be amended on the floor of Town Meeting. After discussion, Mr. Fountain moved to recommend acceptance of the proposed amendments to the Town Meeting; second by Mr. Ellis; motion passed by unanimous vote.
After further discussion, Mr. Fountain moved to not recommend to Town Meeting the proposed amendment to Sec. 4.10; second by Mr. Gallagher; motion passed by unanimous vote (4).
7:05 p.m. - Form A Plan for American Legion, Mill Street – Josh Borden, Arthur Borden & Associates, Raynham, MA, presented the Form A plan. Request for waiver of the filing fee was received. Mr. Gallagher moved to waive the filing fee for the non-profit organization; second by Mr. Fountain; motion to waive the filing fee passed by unanimous vote.
Mr. Borden explained the Form A plan creates two new lots. After review of the plan, Mr. Fountain moved to approve the “Plan of Land of American Legion Post 405 – Mill Street In Raynham, Massachusetts Prepared for American Legion Post 405,” dated March 27, 2007, prepared by Arthur F. Borden & Associates, Inc.; second by Mr. Gallagher; motion to approve passed by unanimous vote. The plan was endorsed.
7:10 p.m. – Form A Plan for Church Street – Applicant Joseph Arruda presented the Form A plan for land on Church Street owned by Huskins. Filing fee was received. Mr. Fountain informed the Board he did a closing on the property this afternoon and there is $10,000 in taxes owed to the Town of Raynham. After discussion, it was agreed the plan will be held in escrow, if approved, until the taxes are paid.
The plan was reviewed. Mr. Ellis moved to approve the “Approval Not Required Plan of Land Located on Church Street In Raynham, Massachusetts (Bristol County) Owned By Virginia M. Huskins,” prepared by Reed Land Surveying, Inc., Lakeville, MA, dated May 8, 2007, to be held in escrow by Mr. Fountain until the deed is recorded and the taxes are paid to the Town of Raynham pursuant to the MLC; motion seconded by Mr. Gallagher; motion passed three in favor and Mr. Fountain abstaining. The plan was endorsed and held in escrow.
7:15 p.m. – Greatbatch/Electrochem Site Plan public hearing was opened. Mr. Gallagher read the hearing notice. Mr. Fountain recessed the public hearing.
7:17 p.m. – Rick Mastria appeared before the Board to discuss an abbreviated site plan at Brookside Circle. Mr. Mastria noted he currently owns the locus site, which is used for spillover service for his Nissan Subaru dealership and it served as the temporary Nissan service area. Mr. Mastria explained that he wants to relocate his dealership’s body service shop from 244 North Main Street to this site. He noted there is an existing building and an additional slab area and he plans to locate a Space metal building on the slab. He noted there will be no additional impervious area created.
Access to the site was discussed. During discussion, it was noted a public hearing with abutter notification is needed for an abbreviated site plan but the plan requirements are less than full site plan process.
Mr. Canto questioned if Brookside Circle is a public way. Mr. McCarthy informed it is not a public way yet but the Town has been working to move forward on the matter. After discussion, Board members agreed to an abbreviated site plan for Mr. Mastria at this location.
7:25 p.m. – Greatbatch/Electrochem Site Plan public hearing was reconvened. Mr. Fountain advised the applicant that only four of the five members were present for the hearing. He noted the time-to-act is June 11, 2007. Review correspondence, dated May 4, 2007, was received from Nitsch Engineering. Mr. Schmid noted the major remaining issue to address is stormwater management. After discussion, it was agreed to proceed with the public hearing. Mr. McCarthy noted that at the January Special Town Meeting a by-law was adopted that allowed Board members who missed one meeting to review the material and, if they certify in writing that they have reviewed the material, they can participate in a public hearing.
Michael Valent, representative from Greatbatch/Electrochem, addressed the Board. Mr. Valent briefly explained that the company produces “high-end, high reliability” batteries for various uses from space flights to deep sea oil wells. He noted the base chemistry of the batteries is lithium, not lead acid. He noted the project will be built in two phases.
Mr. Valent explained the manufacturing process for the batteries. Eric Bazzett, Beals and Thomas, discussed the fact that environmental permits for the operation are needed. Mr. Valent also explained they have been working with the Board of Health agent on the waste issues. Mr. Bazzett explained the fire department, the DEP, the Taunton POTW, the EPA will all issue the necessary permits. He explained the operation is clean and quiet with no exhausts produced. Mr. Valent noted the only noise will be from a cooling tower. Mr. Fountain asked if the Planning Board needed to interact with any of the groups mentioned by Mr. Levitz. Mr. Levitz stated that was not necessary.
Mr. Gallagher noted that after reading the Nitsch Engineering letter, he was only concerned with the stormwater management issue. Mr. Fountain noted that stormwater management in the commerce park is a major concern.
John Bensley of Beals and Thomas addressed the Board. He noted he has been involved with the commerce park since the early 1990’s. He discussed the original permitting process for the park, which accounted for future development of the lots. He noted the park has not yet exceeded the anticipated development by MEPA standards. Mr. Bensley stated he has read the Sitec study on the Hill Street drainage. He noted the park has done a good job at decreasing the stormwater flow from large storm events. Mr. Bensley informed the Board he has been looking at the situation for the park and he has determined a weir that had deteriorated was causing problems so Paramount had replaced the weir.
Mr. Gallagher asked Mr. Schmid if he was okay with the stormwater design for the project. Mr. Schmid stated no. He discussed the fact that the Planning Board’s site plan regulations independent of DEP require that the 2-, 10- and 100-year storm events must be mitigated. He noted that conditions and technologies have changed over the past 20 years since the park’s permitting process and that there are now ongoing stormwater flooding conditions. He recommended the Board either require the applicant to prepare a stormwater management plan that meets the letter of the regulations or the applicant proposes to the Town a method to contribute to resolving the Hill Street culvert problems.
Mr. Fountain noted there was a Hill Street project before the Board a few months ago and several people from the area asked that something be done for the stormwater problems. He asked Mr. Valent how they would help resolve the problem.
Mr. Schmid noted in his opinion, for the best interests of the Town, Beals and Thomas should design a system that meets the regulations and then determine the value of the designed system and that value could be contributed to the Town towards the replacement of the Hill Street Culvert. Mr. Gallagher said he agreed. He noted that rules, regulations and conditions have changed over the last 20 years since the park was permitted and today’s standards must be met. Mr. Fountain agreed but noted the applicant should not bear all the burden. Mr. Ellis agreed, noting the Board would like to see the applicant do what is necessary so they can build as soon as possible. Mr. Canto noted that all the businesses in the park should share the cost of the burden and perhaps a betterment fee should be assessed. Mr.
McCarthy agreed to look into the matter.
Mr. Valent asked if it was correct that doing on-site detention would not benefit any of the parties and would be a waste of money because it would not have an impact. Mr. Schmid said that was correct. After discussion, Board members and Mr. Valent agreed to work together towards a solution to the problem.
After discussion, the public hearing was continued to May 31, 2007, 6 p.m.
There was no further business and the meeting closed.
Raynham Planning Board
Chris Gallagher, Clerk
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