Planning Board meeting of June 14, 2007 was called to order at 6:00 p.m.
Present: Daniel Andrade, Burke Fountain, Chris Gallagher, John Canto, Henry Ellis
Also present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney, John Schmid, Nitsch Engineering
6:01 p.m. - General Business: Invoices signed. Minutes of May 10, 2007 were received. Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Canto; motion passed by unanimous vote.
6:03 p.m. - Town Planner update: Copy of letter dated June 11, 2007 from Town Planner Richard McCarthy to Ian Bowles, Secretary, Executive Office of Environmental Affairs, regarding the proposed Lakeside Corporate Center on Route 104 in Bridgewater was received and discussed.
Memo from Mr. McCarthy regarding Citizen Planner Training Collaborative was received and discussed. Mr. McCarthy noted that SRPEDD will conduct presentations if enough people are interested in certain topics.
Letter dated May 17, 2007 from Town Administrator Randall Buckner regarding the fence between Town Hall and adjacent Dolan property was received and discussed. During discussion, it was noted that no objections to the site plan for new town hall were raised at the public hearings. Board members agreed the fence is for protection of all neighbors and future neighbors. After discussion, it was agreed Mr. Dolan can appear before the Board to discuss his concerns. It was agreed it could be possible to take the fence down and put it up later if deemed necessary, at the homeowners' expense.
Letter received from William Griffin, President, Creative Homes, Easton, MA, requesting reduction of road bond and release of snowplow funds for Brook Street. Mr. Fountain moved to reduce surety funds in excess of $8,258 pursuant to Nitsch Engineering letter dated April 20, 2007, and release $5,000 of snowplow funds as requested; second by Mr. Gallagher; motion passed by unanimous vote.
6:24 p.m. - Village at Foxwoods subdivision (located off Carver Street): Letter dated June 8, 2007 was received from Brian Mulligan, President, L & M Custom Builders, Inc., requesting a three-year extension for completion of the subdivision. Mr. Canto expressed concern with wear and tear on the road if 3-year extension is granted. Mr. Ellis noted he agreed. After discussion, Mr. Andrade moved to grant an 18-month extension to complete the subdivision; second by Mr. Fountain; motion passed by unanimous vote.
General Business: Mr. McCarthy advised the Board that the Transfer of Development Rights (TDR) regulations should be updated to accommodate the amendments to the TDR by-law that were passed at Town Meeting. Board members agreed to discuss the matter at their next meeting.
6:26 p.m. - Form A for land on Hall Street, owned by Finnigan, was presented by Amy Fitzgerald, Raynham, MA. It was noted that changes were made to the plan as requested by the Board at their previous meeting. After review of the plan, Mr. Gallagher moved to approve the plan entitled "Plan of Land In Raynham, Massachusetts Owned By Assunta T. Finnigan," dated May 15, 2007, prepared by Hayward-Boynton & Williams, Taunton, MA, as an Approval Not Required plan; second by Mr. Fountain; motion passed by unanimous vote. Mr. Gallagher endorsed the plan.
6:32 p.m. - Awais Farms subdivision (located off Bridge Street): Attorney Philip Nessralla, Brockton, MA, appeared on behalf of the applicants. Attorney Nessralla informed the Board that applicants have decided to continue on with the proposed plan. He explained the applicants question if the zoning restriction placed on the land is enforceable. Attorney Nessralla briefly discussed the zoning history of the property. Mr. Gallagher noted the property was originally zoned Residential A then changed to Farm and Forest and then the existing front lots were rezoned to Residential A. Attorney Nessralla noted he was not aware of all the history of the area. After discussion, the Board agreed to send a letter to Town Counsel requesting his opinion if Attorney
Nesralla sends a letter to the Planning Board regarding his opinion on the matter. Extension of the time-to-act was granted to December 31, 2007. The public hearing was continued to September 13, 2007, 6:30 p.m.
General Business: The Board's summer schedule was discussed. The meeting of July 12, 2007 was cancelled. The regular August meetings will be held.
6:47 p.m. - Public hearing for Mill Pond preliminary subdivision (located off Mill Street) was opened. Mr. Gallagher read the hearing notice. Applicant James Williams, Raynham, MA, was present along with Craig Horsfall, P.E., Hayward-Boynton & Williams, Taunton, MA. Correspondence dated June 13, 2007 and May 22, 2007 was received from Nitsch Engineering; letter dated June 11, 2007 received from Raynham Housing Authority, note received from Ray and Sheila Platt, High Ridge Drive.
Mr. Williams presented the plan and explained there are 56.09 acres in the proposed open-space subdivision. Mr. Williams discussed the conventional plan that showed 20 lots could be built on the property. John Schmid informed the Board the plan looks okay to him and that 20 lots comply with zoning without any waivers being needed. He explained wetland crossings would be needed for a roadway to be built. During discussion, it was noted the wetland line has been delineated.
Mr. Williams noted that 20 lots could be built by conventional subdivision plan and two additional lots could be allowed as affordable lots. He noted the subdivision will probably not remain private although that is not definite at this time. Mr. Williams discussed the fact that it might be more economically feasible to contribute towards a fund for affordable housing rather than develop two lots as affordable/40B lots. Mr. Williams discussed the open space area on the proposed plan, noting there will be a breakaway gate near the housing for the elderly property.
Mr. Williams advised that municipal sewer is planned. He then informed the Board that in April, the Sewer Commission adopted a new fee schedule so it will cost approximately $30,600 per lot to connect to municipal sewer. Mr. Gallagher noted that if sewer is not used, more soil testing will be needed.
Mr. Williams and the Board discussed the sewer connection fees. Mr. Williams noted that in addition to the fee for each lot connection, a $180,000 pump station connection fee would be required. After discussion, the Board agreed to invite the Sewer Commission to a meeting to discuss the new fees.
The need for soil testing for the proposed subdivision was discussed. Mr. Williams and Mr. Horsfall noted the plan was now showing that the subdivision could be built with sewer even if they chose not to do it later. Mr. Schmid advised that one way or the other should be chosen and the plan should proceed on that method. Mr. Williams stated he did not see that requirement in the regulations. Board members agreed if the plan was approved with sewer, the plan should proceed that way. Mr. Williams submitted a copy of correspondence dated April 12, 2007 from Raynham Sewer Commission regarding their newly adopted fees.
After discussion, the public hearing was continued to September 13, 2007, 7 p.m.
7:45 p.m. - Form A for land located off High Ridge Drive: Attorney Richard Bentley, Taunton, MA, presented the Form A plan on behalf of the North Raynham Water District. After review of the plan, Mr. Fountain moved to approve the plan entitled "Taking Plan Of Land In Raynham, Massachusetts Prepared For North Raynham Water District, " dated January 22, 2007, prepared by Hayward-Boynton & Williams, Taunton, MA, as an Approval Not Required Plan; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher signed the plan. Mr. Gallagher moved to waive the submittal fee; second by Mr. Andrade; motion passed by unanimous vote.
7:52 p.m. - Public hearing for Massasoit Greyhound preliminary subdivision plan (located off Broadway) was opened. Mr. Gallagher read the hearing notice. John Holmgren, P.E., and Greta Bohansen, P.E., J.K. Holmgren Engineering, Inc., Brockton, MA, presented the plan on behalf of applicant. Correspondence dated May 22, 2007 was received from Nitsch Engineering. Correspondence dated June 14, 2007 received from J.K. Holmgren Engineering, Inc.
Mr. Holmgren reviewed the proposed plan for the Board. He noted there are three lots, a roadway is planned that will require people to stop before entering Route 138, and the new lots will have municipal sewer. Mr. Schmid discussed his review report. During discussion, it was noted this plan reflects a prior Form A plan for the property. It was also noted the plan will have three access points from Rte. 138. Mr. Schmid noted the plan does not address possible parcel uses and that access needs could be addressed now or at site plan approval. Mr. Fountain requested the minutes reflect that the applicant could not give the Board any idea of future uses or traffic to be generated so the Board could not determine if a Traffic Impact Statement or Development Impact Statement is
needed at this time. Mr. Holmgren noted his client did not advise of the uses and he had no problem with a Traffic Impact Statement if a use warranted it.
After discussion, Mr. Andrade moved to approve the plan entitled "Massasoit Park, Prepared for Massasoit Greyhound Association, Inc. 1958 Broadway, Raynham, Massachusetts," prepared by J.K. Holmgren, revised through June 14, 2007 with the condition that the Planning Board reserves the right to review the location of and the number of entrances to the site; second by Mr. Ellis. The motion passed by unanimous vote.
8:15 p.m. - Public hearing for Shaw's Plaza (Rte/ 44)/Cedar LLC site plan and special permit request for parking reduction was opened. Mr. Gallagher read the hearing notice. Nick Dufresne, P.E., Hayward-Boynton & Williams, Taunton, MA, presented the site plan on behalf of applicant. He explained the same site plan was previously submitted to the Board and public hearings were held but the applicant ultimately decided to withdraw the application after the Board expressed several concerns with the plan. Mr. Dufresne further explained the site plan was being resubmitted now in order to negate the applicant's contract with the property owner so a denial vote by the Board is needed. Mr. Dufresne informed the Board the plan is the exact same plan as
previously and nothing has changed.
Mr. Fountain noted that previously the Board found that parking, especially handicap parking, was not adequate and that the proposed building takes up parking spaces that are needed. Mr. Fountain moved to deny the special permit for parking reduction as requested; second by Mr. Canto. During discussion of the motion, Mr. Ellis noted the area of parking reduction is prime parking area and not in fringe areas and he agreed with Mr. Fountain. Motion to deny the special permit passed by unanimous vote.
Mr. Gallagher moved to deny the site plan due to insufficient parking, disrupted traffic flow and lack of safe and adequate pedestrian walkways; second by Mr. Fountain; motion to deny site plan passed by unanimous vote.
Mr. Dufresne requested a refund of the fees that were submitted for the plan. Mr. Fountain moved to refund all review fees; second by Mr. Ellis; motion passed by unanimous vote. Mr. Ellis moved to refund $700 of administrative fees; second by Mr. Andrade; motion passed by unanimous vote.
8:30 p.m. - 1950 Broadway site plan: Robert Kelly appeared before the Board and requested release of the surety funds being held for 1950 Broadway site plan and also that a Certificate of Occupancy for the site be issued. Mr. Kelly noted the Board was holding approximately $24,000 as surety. Mr. Schmid informed the Board all work for the approved plan is completed and the money should be returned.
Letter dated June 5, 2007 was received from Raynham Board of Health Agent Alan Perry regarding the request for occupancy permit. Mr. McCarthy explained he spoke to Mr. Perry who informed him he could not say unequivocally that he is all set with the odor issue but things seem to be going okay now. Mr. Andrade moved to release the balance of surety funds pending any outstanding invoices for the project; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Andrade moved to approve a Certificate of Occupancy for the site; second by Mr. Gallagher; motion passed by unanimous vote.
8:36 p.m. - Form A Plan for Terrier Way (proposed off North Main Street) - Jim Noyes, P.E., Greenman-Pedersen, Inc., submitted the plan to the Board. He reviewed the history of the proposed plan, noting the Town was approached by property owner Farrington with the idea to create Terrier Way as a means to eliminate two driveways near the traffic light intersection on North Main Street. He noted the project is being brought forth by the Town. Mr. Andrade moved to waive the submittal fees; second by Mr. Gallagher. Mr. Fountain noted Highway Superintendent Roger Stolte should be asked why the adjacent property owned by Maguire is not included in the plan. Mr. Ellis agreed with Mr. Fountain's suggestion. During discussion, it was noted there is not a land taking
but rather an easement. Mr. Noyes noted there is not a signal at the Maguire property and he was not sure if they were interested in being part of the plan but that he had not looked at the issue himself. After discussion, the Board agreed to continue the matter to June 28th meeting so Mr. Noyes could consider their suggestion for public safety reasons.
8:50 p.m. - Discussion with John Noblin re. South Main Street property was tabled as Mr. Noblin was not present.
There was no further business and the meeting adjourned at approximately 8:51 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
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