The Raynham Planning Board meeting of February 28, 2008 opened at 6:10 p.m.
Board members present: Burke Fountain, Chris Gallagher, John Canto, Henry Ellis.
Board members not present: Daniel Andrade
Staff present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney, John Schmid, Nitsch Engineering
6:11 p.m. - Form A, Leonard Street: Otis Dyer, P.E., presented a Form A plan for land on Leonard Street owned by Nadeau. He explained the plan, noting that another Form A plan was previously done for a portion of this land. During discussion, it was noted the proposed lots meet zoning. The right-of-way to the pond was discussed. After review of the plan, Mr. Fountain moved to accept the plan entitled “Land Owned By Rita D. Nadeau In Raynham, Massachusetts,” prepared by E. Otis Dyer, R.P.L.S, Rehoboth, MA, dated February 9, 2008, as an Approval Not Required Plan; second by Mr. Ellis; motion to approve passed by unanimous vote. Mr. Gallagher signed the plan.
General Business: The Board discussed snowplowing at King Estates. Mr. McCarthy noted he informed developer Nick Mirrione about the invoice from the Town for snowplowing services rendered by the Highway Department and he also advised Mr. Mirrione the snowplowing account must be replenished.
Mr. McCarthy informed the Board he spoke to developer Todd Hamilton regarding Lincoln Woods subdivision and Mr. Hamilton informed him he intends to complete the subdivision as soon as possible rather than posting additional surety funds.
Minutes of February 14, 2008 were received. Mr. Fountain moved to waive the reading and accept the minutes as printed; second by Mr. Ellis. Motion to approve passed by unanimous vote.
6:22 p.m. – General Business: The Board and John Schmid discussed the matter of project review invoices from Nitsch Engineering. Mr. Fountain noted the bill for review of Massasoit Preliminary Subdivision was reduced to $3,000 but that still seemed a little high. Mr. Gallagher noted the work from Nitsch Engineering is quality but the plan was only for three lots. He stated he did not want an applicant to have to pay a new person at the firm to review the regulations at the client’s expense. Mr. Ellis stated that he would like bills to be itemized to specifically detail what has been done for services.
Mr. Schmid agreed to submit back-up time sheets for future project review invoices. He noted that in the 10 year relationship between the Town and Nitsch Engineering, this was the first time a concern was expressed and he hoped the relationship would not be tarnished. He agreed to take a second look at the Massasoit subdivision invoice and to submit time sheets for services provided.
6:29 p.m. - General Business: Mr. McCarthy submitted copies of road bond estimates for several subdivisions - Aspen Hollow, Berry Hill, Carriage Hill, Evergreen Estates, King Estates, Karen‘s Way, Village at Foxwoods. He noted Mr. Schmid has updated the amount of money it would cost to complete these subdivisions at today’s prices. Mr. McCarthy informed the Board he will be sending letters and the estimates to the developers advising them of the increase in road bond amounts. He noted that some tripartite agreements may have to be extended for some of the subdivisions.
After discussion, Mr. Gallagher moved that in any case where there is a difference above 10% between the old bond and the new bond estimate, the Board will request additional funds for surety; second by Mr. Fountain. During discussion, Mr. McCarthy noted he will give developers the option of finishing their subdivision if they do not want to provide the additional funds. He also noted he will be working with Mr. Stolte on this matter. Motion then passed by unanimous vote.
6:32 p.m. - Mill Pond Preliminary Subdivision: Attorney David Gay appeared before the Board on behalf of James Williams, developer of proposed Mill Pond plan. (Mr. Williams was not present). Attorney Gay explained that a few months ago the Board approved 20 lots for this subdivision, with 18 lots to be market rate and 2 lots to be affordable. He then explained the Raynham Zoning By-laws require one affordable lot per every 10 subdivision lots and, therefore, 18 market lots do not require two affordable lots. He noted that Mr. Williams has no problem with having 19 market rate lots and one affordable lot per the zoning.
Mr. Gallagher noted his intent for the plan was 20 market rate lots with no affordable lots. Mr. Fountain stated he intended to approve 16 to 18 lots and Mr. Canto stated his intent had been 13 lots. It was noted Mr. Andrade did not vote on this plan.
Mr. Fountain stated that because a special permit is needed for the proposed open space plan, it must be shown the plan is in the best interest of the town or in the alternative the applicant could build a conventional subdivision.
Attorney Gay noted the by-laws require only one affordable lot be provided but the Board is requiring two. He also noted nothing is binding with the preliminary plan. During discussion, it was noted no donation in lieu of affordable lots was discussed by Mr. Williams and the Board and that Mr. Williams had made no specific offer in that regard. It was noted that if funds were given in lieu of affordable lots, the number of affordable lots in Town would not increase but the funds could be used for some type of housing. Mr. Canto noted it makes sense to do a payment in lieu of the affordable lots.
Mr. Fountain suggested the applicant could seek a variance to eliminate the affordable lot requirement and the Board would support him in that request. Mr. Fountain stated that generally he wants affordable lots but realizes it can be a give and take situation. Mr. Canto agreed. Mr. Gallagher noted there are other avenues for applicant to follow.
After discussion, it was agreed the Board was not speaking as one on this issue, as their opinions varied. No action was taken.
6:50 p.m. - North Raynham Water District Site Plan: the public hearing was opened. Mr. Gallagher read the hearing notice. George Allen, P.E., was present along with NRWD Commissioners Michael Lalli, Bob Chase and Steve Dyer and NRWD Superintendent Arthur Bendinelli. Project review Memorandum, dated February 27, 2008, was received from Nitsch Engineering.
Mr. Allen presented the proposed site plan for the new NRWD water treatment plant in the Arrowhead Lane area (off King Philip Street). He noted the proposed building is 75 ft. by 50 ft. and the nearest house is located approximately 200 feet away. He noted some wooded area at the site will be cleared but a minimum 50 feet limit of vegetation will remain. Mr. Allen noted there will be a new generator at the site to replace the existing generator. He discussed the type of chemicals to be used, noting they are the same types as now being used on site.
Mr. Bendinelli explained how the chemical deliveries are made now, noting they will be the same at the new facility.
Mr. Allen discussed the site lighting. He noted there will be no stand alone lights but there will be lights over the doors, three lights at 70 watts each.
During discussion, it was noted abutters were notified of the hearing but no one was present with any issues.
Mr. Allen discussed the building elevation. He noted the building will be a split face concrete block with rough texture and the color can be what the Board wants. He noted the roof will be pine green. Mr. Allen said the NRWD is agreeable to shrubs and vegetation being planted after construction and he said they will work with the Planning Department on the matter.
Mr. McCarthy presented a proposed Certificate of Action. The proposed conditions were read and discussed. Mr. Schmid noted the Board can add a condition regarding screening if they determine it is necessary. Mr. Allen agreed to this condition being added.
During discussion, it was noted the chemical storage will be inside the building with no outside exposure and the generator will be outside in its own enclosure with the decibel rating to meet standards.
Mr. Allen agreed to obtain a letter from the Raynham Fire Department with their approval of the access and turnaround for the site. It was noted no NRWD vehicles will be stored at this site.
After discussion, Mr. Fountain moved to waive all the rules and regulations regarding site plan approval expect for what is shown on the plan presented; second by Mr. Gallagher; motion passed by unanimous vote.
Mr. Fountain moved to accept the conditions as read into the record from the proposed Certificate of Action; second by Mr. Gallagher; motion passed by unanimous vote.
Mr. Fountain moved that subject to the waivers and the conditions, the Board approve the plan entitled “King Philip No. 3 Water Treatment Plant DWSRF-3008 Planning Board Submittal,” dated January 2008, prepared by Stantec Consulting Services, Inc. Westford, MA ; second by Mr. Gallagher. Motion passed by unanimous vote. Certificate of Action will be issued.
7:15 p.m. Value Stay Hotel Site Plan: public hearing was reconvened. Attorney David T. Gay, Taunton, MA, was present for applicant. It was noted Mr. Andrade was not present but he could vote on the plan if he reviews testimony presented at the missed meeting.
The hearing was adjourned so Attorney Gay could confer with his client on whether or not to proceed.
7:17 p.m. General Business: Mr. McCarthy presented letters from the Commonwealth of Massachusetts regarding the traffic light construction at the Rte. 138 / Rte. 495 overpass. He noted the State indicates construction will begin by summer.
General Business: Letter dated February 28, 2008, from Mr. McCarthy to Planning Board regarding Rte. 138 zoning was discussed. Mr. Fountain noted there are still families residing on Broadway and that if commercial zoning is to be proposed, it needs sufficient frontage to work properly. He stated the current 150 feet frontage is not adequate for safe commercial ingress/egress. No action was taken.
7:25 p.m. - Value Stay Hotel Site Plan: the public hearing was reconvened. Attorney Gay informed the Board that applicant prefers to continue the public hearing until all Board members are present.
It was noted that Attorney Edmund Brennan, Taunton, MA, was present on behalf of abutter Trucchi’s, and Attorney Brennan was agreeable to the continuance. After discussion, the public hearing was continued to Wednesday, March 12, 2008, 6 p.m.
Town Planner Update: Mr. McCarthy informed the Board that proposed Rte. 138 rezoning will be submitted as citizens’ petition. Mr. Fountain advised that if the proposed new zoning has less than 300 feet for business zones, he will vote against it. Mr. Canto agreed. Mr. Gallagher said he would vote no because it is too soon to bring zoning amendments back to Town Meeting after their defeat last year. Mr. Ellis said he was okay with the zoning amendments being brought back again but that he did like Mr. Fountain’s suggestion of 300 feet of frontage. Mr. McCarthy advised he is still working on new by-laws.
7:40 p.m. Dunkin’ Donuts, 1701 Broadway, Site Plan Modification: Craig Horsfall, P.E., Hayward-Boynton & Williams, appeared before the Board on behalf of applicant/owner MEL Realty. Mr. Horsfall explained he has reviewed the plan since the last Planning Board meeting and found that the angled parking will work on the north side of the site but it does not work as well on the south side because the parking lot does not have sufficient width. He distributed a sketch of proposed changes. He noted the employee parking spaces will be at the rear of the site. He noted he put a note on the plan, as requested by the Board, regarding traffic cones being put on site at delivery times.
Mr. Canto noted he still sees trucks backing onto the site.
Mr. Schmid informed the Board he only received the plan this week so he had little time to review it. After discussion, an additional condition was added to the Certificate of Action regarding storm water management system maintenance.
Mr. Fountain advised that if trucks continue to back on to the site, the Board will inform the Board of Selectmen of the situation and advise them not to renew any licenses at the site for safety reasons.
Mr. Fountain moved to approve the plan entitled “Proposed Site Plan - Minor Modification Dunkin’ Donuts, 1701 Broadway, Raynham, MA,” last revised February 22, 2008, prepared by Hayward-Boynton & Williams, Taunton, MA, with the conditions as discussed; second by Mr. Ellis; motion passed by unanimous vote. Certificate of Action will be issued.
7:52 p.m. - Discussion re. proposed Subway, at 407 Dean’s Plaza, Rte. 44: Mark Braga and Kevin Litos appeared before the Board to discuss their plans to construct a Subway shop at vacant space in Dean’s Plaza. During discussion, it was noted the building at this site is very close to the road. Mr. Braga and Mr. Litos stated they were advised the number of parking spaces is sufficient for Subway’s needs.
Mr. Gallagher noted that if the site meets the parking requirements, site plan approval before the Board will not be needed. He explained how the number of parking spaces is calculated.
Mr. Fountain noted this site does not have good parking, which may detract customers.
After discussion, Board members agreed they would not accept this plan as an Abbreviated Site Plan because of their concerns with the site.
8:03 p.m. - Metro Ford Mazda Site Plan Modification: Domenic Grieco of Metro Ford Mazda appeared before the Board along with Attorney Daniel Vieira, Easton, MA, to discuss changes to the site lighting. Project review Memorandum with construction cost estimate, dated February 28, 2008, was received from Nitsch Engineering.
Attorney Vieira stated to the Board that the $86,000 surety amount established in the Nitsch correspondence was of concern to the applicant and they were looking for relief from that amount so the project can go forward. Attorney Vieira informed the Board that the current site lighting plan, which is different than the approved lighting plan, was generated by the lighting contractor, Page Electric, who substituted it for the approved plan. Mr. Ellis noted that was why Nitsch Engineering advised the Board plan is non-conforming.
Attorney Vieira noted the Metro site is no different than other auto dealership sites and the site lighting may actually be lower than other dealership lots. During discussion it was noted there are now less light poles on site but the poles are higher than what was approved. It was also noted that it is unknown if the amount of light generated is more or less than the approved plan.
Mr. Ellis asked if the poles could be shielded. Mr. Gallagher suggested that John Schmid measure the lighting. Mr. Fountain noted he was concerned with the poles being higher than approved but perhaps the lights could be placed lower on the pole. Mr. Ellis stated he was concerned with light pollution.
John Schmid requested a photometric plan for comparison with the approved plan. Attorney Vieira agreed to provide one.
Attorney Vieira then asked the Board if they could give relief on the surety amount established by Nitsch Engineering. Mr. Gallagher noted the Board relies on Mr. Schmid’s expertise. Mr. Fountain noted there was no reason to deviate from the amount.
Mr. Grieco stated he needed a temporary occupancy permit. After discussion, he agreed he could consider an insurance bond as surety. The matter was then continued to March 13, 2008.
There was no further business and the meeting closed at approximately 8:40 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
Raynham Planning Board
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