Town of Raynham, MA - Planning Board Minutes January 24, 2008

6:13 p. m. - Town Planner Update: Mr. McCarthy distributed literature regarding 43D Expedited Permitting, a newly enacted state permitting process. Mr. McCarthy informed the Board he will hold a workshop on the expedited permitting on February 25, 2008, 6 p.m., and he hopes members from Planning Board, Board of Appeals, Conservation Commission, Police, Fire and other departments / boards will attend the meeting to learn about the process. Mr. McCarthy noted the Board of Selectmen instructed him to work with other boards and departments on the issue and then report back to them so they can make a decision on whether or not to recommend adoption of 43D. Mr. McCarthy also explained the new process, if adopted by the town, will aid in the state grant process and it could be a useful marketing tool for development in Town.

Mr. McCarthy explained that as part of the expedited permitting, a decision has to be made on an application within 180 days of its submittal, unless an extension is granted and that there is no down side to the process. Mr. Ellis noted the Planning Board already works with applicants to expedite permitting. After discussion, Board members agreed to read the literature Mr. McCarthy distributed for the meeting on the 25th.

Mr. McCarthy also informed the Board a representative of SRPEDD will attend a future Board meeting to discuss the issue of priority site development and expedited permitting.

Board members and Mr. McCarthy discussed subdivision completion time frames. After discussion, it was agreed Mr. McCarthy will determine which subdivisions have passed their completion deadlines and then send a letter to the developer advising them of the situation. Lincoln Woods was discussed. Mr. McCarthy noted he will speak to the developer of Lincoln Woods after consulting with Highway Superintendent Roger Stolte about any concerns he may have. Board members agreed they were concerned with road binder deteriorating to the point that it will need major repair before the subdivision can be accepted. After discussion, it was agreed the older subdivisions that are in need of repair will be approached first.

6:36 p.m. - Massasoit Greyhound Definitive Subdivision Public Hearing was reconvened. Edward Jacobs, P.E., of J. K. Holmgren Engineering, Inc., Brockton, MA, appeared before the Board on behalf of applicant. Mr. Jacobs presented correspondence, dated January 23, 2008, with list of waivers and also a Form H-1 Covenant and Stormceptor Design Summary, dated 12/11/2007. Review correspondence, dated January 22, 2008 was received from Nitsch Engineering. Mr. McCarthy informed the Board that he and Mr. Schmid prepared a draft Certificate of Action (COA).

Mr. Fountain read the list of waiver requests. Board members and Mr. McCarthy reviewed the prepared COA. There was discussion about the proposed conditions. After discussion, it was agreed the conditions will be amended to reflect that the Board reserves the right to change the entrance / exit if necessary. During discussion, it was noted the state controls the curb cuts along the site.

After discussion, Mr. Fountain moved to approve the waivers as requested per the letter dated January 23, 2008 from J. K. Holmgren Engineering, Inc., subject to the Board retaining the right to modify or revoke at later site plan approval based on the actual use of the property; second by Mr. Gallagher.

Mr. Dave McCrae asked for clarification of the motion. Mr. Ellis explained the Board was reserving the right to revoke or amend the waivers they are granting if a site plan is presented at a later date for approval and the Board then determines the proposed use makes it necessary to do so.

Mr. Fountain moved to approve the plan entitled “Massasoit Park Definitive Subdivision of Land in Raynham, Massachusetts,” dated November 14, 2007, last revised January 23, 2008, prepared by J. K. Holmgren Engineering, Inc., subject to the conditions as discussed; second by Mr. Gallagher. Discussion followed regarding the review comments in Nitsch Engineering letter dated January 22, 2008; Mr. McCarthy noted the comments were incorporated into the Certificate of Action conditions.

Motion to approve the plan then passed with Mr. Fountain, Mr. Gallagher and Mr. Ellis voting in favor and Mr. Canto voting opposed. It was noted Mr. Ellis missed one of the public hearings for the plan but he will sign the necessary form stating he has reviewed the material and was updated on the previous testimony.

Letter dated January 11, 2008 was a received from John M. Long, Loughton Construction Co., Inc., requesting release of the surety bond for Learning Step By Step site plan. After discussion, it was agreed Mr. McCarthy will conduct a site inspection. Mr. Fountain moved to release the surety bond subject to the Planning Board’s clerk and / or the Town Planner going to the site and determining the bounds are set as needed; second by Mr. Canto; motion passed by unanimous vote.

Memorandum dated January 15, 2008 was received from Nitsch Engineering regarding South Street East / Yukon Landscaping construction cost estimate / surety bond. Mr. McCarthy advised the bond has been posted.

Correspondence dated January 23, 2008 was received from Highway Superintendent Roger Stolte re. land-taking survey plans for King Philip Street and Thrasher Street. By his letter, Mr. Stolte requested the Board review and sign the survey plan. After review and discussion, the Board signed the plan.

7:10 p.m. - Discussion of Transfer of Development Rights (TDR) By-law: Mr. McCarthy advised the Board the recent amendments to the by-law were approved by the Attorney General’s office and the TDR regulations now need to be updated. He distributed copies of proposed changes to the regulations for the Board’s review. After discussion, it was agreed the Board will further discuss at the next meeting and schedule a public hearing for changes to the regulations.

Mr. McCarthy then suggested the Board consider using the services of an engineering firm other than their usual consultant to review the upcoming TDR subdivision plan due to the fact that Mr. Andrade has involvement in the TDR plan. He suggested a different review firm be used to avoid potential conflict or appearance of impropriety. Mr. Gallagher noted he had suggested this to Mr. McCarthy. Mr. Fountain noted that if one or two Board members feel that way, it should be done. During discussion, it was noted the request for a review consultant need not go out to bid. Mr. McCarthy agreed to draft a scope of review for the project. Mr. Gallagher agreed to submit the names of three engineering firms from which the Board can chose.

7:25 p.m. - Rte. 138 Zoning Study Committee: Carla McRae and Dave McRae appeared before the Board to discuss Route 138 zoning. Mr. McCarthy reminded the Board that the proposed Designated Development District for a portion of Broadway failed to pass at Town Meeting and the main issue of concern seemed to be lot frontage for the district.

Mr. Canto and Mr. Gallagher both noted they felt the timing is not right to bring more zoning changes for Broadway back to Town Meeting. During discussion, it was noted the current Residential D district on the other end of Broadway is working well and Mr. Canto suggested Residential D along all of Broadway could be considered.

Mr. Canto stated he felt zoning changes should not be submitted at Special Town Meetings but rather at Annual Town Meeting. Mr. McCarthy suggested zoning changes should not be placed last on the town meeting warrants because many people have left towards the end of the meeting. Mr. Ellis suggested zoning changes for Broadway should be done to keep out ‘big box’ retail stores. Mr. Canto suggested uses could be controlled by special permit.

During discussion, Mrs. McCrae noted Ryan Iron has been a good use in the current industrial district but it is the possibility of ‘sludge’ plants locating in the area that worries residents. Mr. Canto noted the industrial district should not be eroded because it is necessary for the town to have an industrial area. During discussion it was noted waste treatment facilities cannot be prohibited from industrial district.

Mr. Fountain noted it is unfair for residents to not want uses that provide necessary services for housing, such as trash and sewerage. He noted he had concerns with road width, sufficient building setbacks, curb cuts and 200 to 250 feet frontage for commercial uses for safety reasons. He stated he was agreeable with retail use.

7:55 p.m. General Business - Mr. McCarthy informed the Board he will be conducting an informational meeting this upcoming Saturday at the Senior Center, King Philip Street, to discuss the issue of sidewalks on Elm Street East.