The Raynham Planning Board meeting of January 10, 2008 was opened by Chairman Andrade at 6:15 p.m.
Board members present: Chairman Daniel Andrade; Vice-Chairman Burke Fountain; John Canto and Clerk Chris Gallagher
Board members not present: Henry Ellis
Staff present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney, Review Consultant John Schmid
6:16 p.m. – Forge Knoll/Pamela’s Way: Tom Armitage, QBI Homes, appeared before the Board to request release of remaining surety funds for Forge Knoll / Pamela’s Way (located off South Main Street). Correspondence dated November 8, 2007 was received from John Schmid, Nitsch Engineering. Mr. Schmid informed the Board he had no issues with the subdivision; Mr. McCarthy agreed.
Mr. Fountain moved that based on the November 8, 2008 Nitsch letter and comments from the Town Planner, the Board release all remaining funds being held for Pamela’s Way; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Armitage was informed there was an outstanding amount of $98.70 due for review fees; Mr. Armitage agreed to submit that amount.
Dan Aguiar, P.E., Sitec, appeared before the Board with Tom Armitage and updated the Board on Steeplechase subdivision (located off Leonard Street). Mr. Aguiar noted the subdivision is private and has been turned over to the homeowners’ association. He explained that homeowner Fitzgerald built his own home in Steeplechase and has had problems with puddling at his driveway; however, it has been determined the driveway was not built according to the approved subdivision plan. Mr. Armitage noted Mr. Fitzgerald wants QBI Homes to fix the driveway but they cannot do that. After discussion, the Board agreed it is not a Planning Board issue because the subdivision is private. It was noted Mr. and Mrs. Fitzgerald were not present at the meeting.
6:25 p.m. - North Raynham Water District Treatment Plant Project: Commissioners George Allen, Mike Lalli, Steve Dyer and Bob Chase appeared before the Board along with District Superintendent Arthur Bendinelli and Jim Faulkner, P.E., to request abbreviated site plan determination for a proposed treatment plant to be located off Wampanoag Road cul-de-sac. During discussion, it was noted the treatment plant is being funded by Mass. DEP, the proposed building will be approximately 75 ft. by 50 ft., the building will be cinder block and will have doors, windows and a hip roof.
Mr. McCarthy noted the project is a municipal project but there is more being shown on this plan than others have shown on abbreviated site plans. Mr. Bendinelli explained there will be minimal traffic entering and exiting the site.
Mr. Canto expressed concerns with noise and lighting being too close to residences. After discussion, it was agreed these issues could be addressed at the site plan public hearing and the plan can be sent to Nitsch Engineering for review if needed. It was agreed all issues of concern will be addressed by the Board at the public hearing.
Mr. Lalli noted the project has been presented to and discussed with site neighbors. Mr. Bendinelli noted that after the first meeting held on the project, no neighbors returned for further meetings and discussion. Mr. Canto asked for copies of the minutes to those meetings.
Mr. Faulkner informed that a NOI was submitted to Con Com for the project. He briefly commented on the storm water management system.
After discussion, Mr. Andrade moved to accept the project as an abbreviated site plan with John Schmid to briefly review it for the Board; second by Mr. Gallagher; motion passed with Mr. Andrade, Mr. Canto and Mr. Gallagher in favor, Mr. Fountain opposed.
6:45 p.m. - Aspen Hollow (located off North Main Street): Developer Mark Perron appeared before the Board and presented a Form J for lot releases at the subdivision. After discussion, Mr. Andrade moved to endorse the Form J; second by Mr. Gallagher; motion passed by unanimous vote. The Form J was signed.
6:50 p.m. - Jess Marie Estates (located off North Main Street) Public Hearing was reconvened. Request for continuance of the public hearing and an extension of the Board’s time-to-act were received from applicant Michael Peterson, Easton, MA. After discussion, Mr. Andrade moved, second by Mr. Gallahger, to accept the request for continuance and extension of time and continue the hearing to February 14, 2008, 6:30 p.m.; motion passed by unanimous vote.
6:56 p.m. - Lowe’s, Rte. 44, Site Plan Modification: Mr. McCarthy explained that Building Commissioner Rod Palmer sent a letter to the store manager regarding site plan violations and the store manager was expected to appear before the Board tonight. It was noted no one appeared on behalf of Lowe’s. Mr. Andrade stated Lowe’s should be advised to remove the sheds from the parking lot. Mr. Canto suggested a fine be imposed.
6:59 p.m. – Berry Hill Adult Retirement Community (ARC): Nick Mirrione, Easton, MA, developer of Berry Hill (located off Pine Street) appeared before the Board to discuss the possibility of removing part of the over-55 age restriction on Berry Hill by allowing one resident to be under age 55 but none being under age of 18. Mr. Mirrione noted this would be consistent with the Fair Housing Act. After discussion, Board members agreed such an amendment might not pass Town Meeting. They agreed they could not endorse the request but Mr. Mirrione was free to proceed himself. Mr. Mirrione noted he would not go forward without the Board’s support.
7:05 p.m. - Riverfront Preliminary Plan (located off Church Street) Public Hearing was reconvened: Mr. Andrade left the meeting room. Review correspondence dated November 8, 2007 and December 13, 2007 was received from Nitsch Engineering. Attorney Ed Brennan, Taunton, MA, appeared before the Board on behalf of applicant.
Attorney Brennan explained this property is the former site of the Church Street winery and the goal is to submit the plan as a Transfer of Development Rights (TDR). He noted the site is part of municipal sewer phase VI and applicant is hoping the sewer rights will be grandfathered for the plan. Attorney Brennan noted the Attorney General has approved the recent TDR amendments and he hopes the Board will approve the preliminary plan so the applicant can proceed with the TDR application.
Paul Patenaude, P.E., Earth Services, Taunton, MA, reviewed the plan with the Board. During discussion, it was noted the Church Street frontage lots are not part of the plan and that 12 subdivision lots are proposed.
Mr. Fountain noted the December 13th letter from Nitsch indicates the plan seems to comply with zoning. He asked if anyone present had any questions. No one responded.
Attorney Brennan requested the Board take action on the preliminary plan, noting this will be the TDR yield plan. During discussion, Mr. Canto noted the property has to be sewered to make the plan valid. Board members agreed there will be issues to address at the definitive stage. Mr. Fountain suggested the amended TDR by-law be reviewed by Board members. After further discussion, no action was taken on the plan.
7:35 p.m. - General Business: Mr. Fountain moved, second by Mr. Canto, to waive the reading and approve the minutes of November 8, 2007; motion passed by unanimous vote (three in favor).
Mr. Andrade returned to the meeting room and the Board.
7:36 p.m. - Mill Pond (located off Mill Street) Preliminary Plan public hearing was reconvened. Craig Horsfall, P.E., Hayward-Boynton & Williams, was present. Review correspondence dated December 3, 2007 was received from Nitsch Engineering.
Mr. Horsfall presented the proposed preliminary open space plan, noting the number of lots was reduced from 22 to 20 lots, the cul-de-sac was shortened 100 feet and pulled further from the wetlands, and the road length is now 1,871 feet. He noted the open space area is 21.8 acres, which exceeds the requirements, and that access and utility easements are being provided to the adjacent elderly housing complex. Mr. Horsfall explained the open-space area will be for the subdivision residents and the lot with the existing farmhouse will be kept as one lot.
Mr. Andrade asked Mr. Schmid if the only issues were relative to accepting the number of lots as 20. Mr. Schmid noted that soil testing was done at the basins only because the project will be sewered.
Mr. Fountain discussed that he felt if the open space pond is to be private, the road should not be public and that the project should either be all private or all public. Mr. Horsfall noted Mr. Williams prefers a public road with private open-space. Mr. Andrade noted the purpose of the open-space is to preserve space. He also noted the cluster developments are becoming more complicated and perhaps the by-law should be revisited.
Mr. Canto noted he had no problem with the preliminary plan.
There was discussion about the number of affordable lots and whether or not the two lots that were eliminated were affordable or market rate lots. During discussion, Mr. Horsfall noted there could be a financial contribution in lieu of the affordable lots. Mr. Fountain said he was not sold on that concept yet. Mr. Andrade stated that at this point, the two affordable lots were in the plan unless an agreement in lieu of the lots can be reached.
Mr. McCarthy noted the issue can be decided later after it is determined if the subdivision will be private or public. Mr. Andrade noted the important issues before the Board were the number of lots and affordable lots and the issue of private or public subdivision.
Alice Gonsalves, Mill Street, addressed the Board and asked which water district this property was in; neither the Board nor Mr. Horsfall knew which district.
Letter dated November 5, 2007 from Mass. Historical Commission was received. It was agreed to address the issues in the letter at the definitive plan stage.
Mr. Gallagher moved that based on the review of the plan by the Board and their consultant and based on the by-laws and based on compromise by the applicant, the Board approve the 20 lots as shown; second by Mr. Fountain; Mr. Fountain moved to amend the motion to b e 18 market rate lots and two affordable lots; second by Mr. Gallagher; amended motion passed by unanimous vote.
Mr. Fountain reminded the applicant that if the open-space is public, the road should be public and if the open-space is private, the road should be private. Mr. Horsfall so noted.
After further discussion, Mr. Canto motioned, second by Mr. Fountain that the Board is satisfied with 20 lots, 18 market and two affordable and the issue of public or private ways is unresolved and is to be determined at the definitive plan stage; motion passed by unanimous vote.
8:05 p.m. – Massasoit Park Definitive Plan Public Hearing reconvened: Edward Jacobs, Walter Watson, and Greta Bohan, all of J.K. Holmgren, Brockton, MA, appeared before the Board on behalf of applicant, Massasoit Greyhound Association. Mr. Jacobs reviewed the proposed three-lot plan for the Board. Mr. Jacobs noted the plan will provide good access to Lot 1. During discussion, it was noted no traffic study was submitted with the plan. During discussion, Mr. Schmid recommended that a traffic study be submitted in the future if the lots are developed. He also noted site plan review could be necessary for future projects on Lots 2 and 3.
Mr. Jacobs explained that the roadway will be private and that curb cuts will be done according to Mass. Highway standards when the plan is implemented.
Mr. Canto stated he thought traffic study is needed at this stage to address traffic issues.
Mr. Fountain asked the purpose of the plan; Mr. Jacobs said he was not privy to that information. Mr. Schmid noted the Board’s concerns are reasonable and they could ask for a traffic study to address their concerns. He also agreed the roadway as proposed will be similar to Paramount Woods as noted earlier by Mr. Gallagher.
Mr. Andrade stated the Board would like the traffic to flow well for the existing park and for the frontage issue to be cleaned up. Mr. Jacobs stated the plan does that. He also stated he had no objection to a traffic study being done.
Mr. McCarthy noted the applicant can do what he wants with the property if there is no definitive plan and that the Board could do further in-depth review if the lots are developed and the plan would be approved with that as a condition.
Walter Watson, P.E., addressed the Board and discussed the drainage and storm water system. He noted there are three stormceptors proposed. Mr. Schmid also commented on the drainage.
There was discussion about preparing a Certificate of Action. Mr. Schmid discussed his review correspondence dated January 8, 2008. The Board agreed Mr. Schmid’s comments should be incorporated into the certificate. Review correspondence from Roger Stolte, dated December 10, 2007, was discussed. After discussion, the Board agreed the plan is based on the road being private.
After discussion, the public hearing was continued to January 24, 2008, 6:30 p.m.
8:46 p.m. – 1701 Broadway Dunkin’ Donuts Site Plan: Craig Horsfall, P.E., Hayward-Boynton & Williams, appeared before the Board to discuss a proposed minor modification to the site plan, which was approved in 2000. Mr. Horsfall explained that two truck parking spaces are being eliminated and ten new parking spaces are being proposed for the site on the north side. He noted the building is not being used as anticipated by the owner and the truck spaces are not used.
Mr. Canto explained that trucks cannot make the turn radius onto the site from Rte. 138 so they back into the site or park on Rte. 138. Mr. Canto also noted there is runoff from the site onto Rte. 138.
Mr. Horsfall reviewed the four proposed changes for the plan: added spaces, new walkway with fence, added pavement and an island. Mr. Horsfall noted they were aware of the runoff and that catch basins were installed. At Mr. Schmid’s suggested, Mr. Horsfall agreed to submit a letter stating the storm water system for the site is okay.
Mr. Canto noted that any modification will be subject to functioning issues being addressed. Motion by Mr. Canto, second by Mr. Gallagher, to allow the proposed plan as a minor modification; during discussion, Mr. Fountain noted he does not like the building and is against the plan; motion passed by vote of three in favor, Mr. Fountain opposed.
8:54 p.m. – Bella Estates Site Plan Minor Modification: Attorney Matthew Watsky appeared before the Board on behalf of property developer Michael Intoccia. Attorney Watsky explained that an appeal by neighbors against the approved project has been resolved. Review correspondence dated December 17, 2007 was received from Nitsch Engineering.
After discussion, motion by Mr. Canto, second by Mr. Fountain, to approve the minor modifications to the Bella Estates Site Plan as proposed on the plan entitled “Special Permit Plan of Land ‘Bella Estates’ Raynham, MA,” dated April 6, 2006, revised through October 16, 2007, prepared by Bay Colony Group, Inc.” and as approved by Nitsch Engineering in the review correspondence dated December 17, 2007; after discussion, the motion passed by unanimous vote.
9:00 p.m. – Town Planner Update: Mr. McCarthy informed the Board the TDR by-law and the cluster by-
law should be reviewed. It was agreed to do so on January 24th.
Mr. McCarthy discussed an expedited permitting process. It was agreed to further discuss the matter on January 24th. He also briefly discussed the certification form provided to Board member relevant to Board members reviewing materials for public hearings they may have missed in order to vote on the projects after having been absent at a public hearing.
Mr. McCarthy distributed a table updating the status of all the subdivisions in town. Completion of Lincoln Woods was discussed. It was agreed Mr. McCarthy will send a letter to developer with a six month deadline for completion.
9:15 p.m. - General Business: Correspondence dated January 10, 2008, received from Town Administrator Randall Buckner re. acceptance of Terrier Way. After discussion, motion by Mr. Fountain, second by Mr. Gallagher, to accept the road layout plan entitled “Town of Raynham Plan of The Layout of Terrier Way To Accompany Description for Acceptance,” dated January 23, 2007, as a plan not requiring subdivision approval; motion passed by unanimous vote. The plan was signed.
Letter dated December 31, 2007 was received from Michael Thiel requesting release of surety funds being held for Finch Farm Condos. Correspondence dated August 27, 2007 with handwritten note dated January 10, 2008 from John Schmid was received. Motion by Mr. Fountain, second by Mr. Gallagher, that based on the January 10, 2008 note from John Schmid of Nitsch Engineering, the Board release the surety funds being held for Finch Farm Condos with the condition that all outstanding invoices are paid in full by applicant; motion passed by unanimous vote.
Mylar plan was received from Highway Superintendent Roger Stolte for Gardner Street layout. Motion by Mr. Gallagher, second by Mr. Fountain, to approve the plan; motion passed by unanimous vote. The plan was signed.
Letter dated December 19, 2007 was received from Lawrence W. Kelley, Ryan Iron, requesting release of surety funds being held for 95 Ryan Drive site plan. Memorandum dated September 13, 2007 was received from Nitsch Engineering with handwritten note dated January 10, 2008 from John Schmid. Motion by Mr. Fountain, second by Jr. Gallagher, to release the balance of surety funds for 95 Ryan Drive site plan based on the Nitsch Engineering correspondence and with condition that outstanding invoices are paid in full by applicant; motion passed by unanimous vote.
Letter dated December 19, 2007 from Richard McCarthy to Building Commissioner Rod Palmer and letter dated December 21, 2007 from Building Commissioner Rod Palmer to Mrugesh Chokshi regarding Coletti’s Market site plan were received. Mr. McCarthy explained there were safety issues at the site. No action was taken.
Letter dated November 19, 2007 from Attorney Thomas Pontes to Building Commissioner Rod Palmer regarding Munro Electric site plan was received. No action was taken.
Letter from Highway Stolte Roger Stolte to Bernard Cohen, Secretary, EOTC, dated December 21, 2007 was received. Mr. McCarthy explained it related to a grant application. No action was taken.
Correspondence dated November 6, 2007, November 14, 2007 and November 16, 2007 from Town Counsel Marc Antine re. Use of Funds for John Deer 1600 Diesel-Powered Mower was received. No action was taken.
Discussion regarding 43D, expedited permitting process, was tabled to next meeting.
There was no further business and the meeting adjourned at approximately 9:30 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
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