The Raynham Planning Board meeting of Thursday, June 12, 2008, at Raynham Veterans’ Memorial Town Hall, was opened at 6:02 p.m. by Vice-Chairman Burke Fountain.
Board members present: Burke Fountain, Chris Gallagher, John Canto; and, Daniel Andrade (6:10 p.m.)
Board members not present: Henry Ellis
Staff present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney, John Schmid, Nitsch Engineering, Inc.
6:02 p.m. - Town Planner Update: Mr. McCarthy informed the Board the town was awarded a one million dollar grant from the State to be used toward correcting culvert problems in the Hill Street/ Paramount Drive area. He also noted some repaving work may be done at Paramount Drive if there are sufficient funds. Mr. Fountain commended Mr. McCarthy on a job well done.
Mr. McCarthy informed the Board that today he received the 100% completed design review plans for the Rte. 138/Rte.495 overpass. He noted the bid advertisement is schedule for this August.
6:07 p. m. - Brookside Circle: Mr. McCarthy updated the Board on the status of Brookside Circle, noting that he met with developer Mr. Tardinico and others about one year ago and Mr. Tardinico indicated he was willing to complete the roadway using the funds the Board had previously taken by default. He advised that if the Board rescinds their revocation of the bond, the money will no longer be the Town’s and then the funds can be used by Mr. Tardinico for the road work. He explained that if the Town issues the necessary permits, Mr. Tardinico has agreed to do the work. Mr. McCarthy noted the proposed work may need Conservation Commission approval.
Richard Mastria, property owner on Brookside Circle, was present and spoke to the issue. He discussed the work that needs to be completed and noted the sidewalks on the approved plan are probably not needed.
(Mr. Andrade arrived at 6:10 p.m.)
After further discussion of the Brookside Circle matter, it was agreed Mr. McCarthy and Mr. Gallagher will go to the Conservation Commission meeting next week to speak about this issue.
6:13 p.m. – Form A, Brookside Circle - Richard Mastria, Raynham, MA, presented the proposed plan. Proper application form and fees were submitted. Mr. Mastria explained he was purchasing land from an abutter in order to square off his lot and avoid setback deficiencies for the building on his lot.
After review of the plan, Mr. Fountain moved to approve “Plan Of Land Route 44 & Brookside Circle Raynham, MA. Prepared For Rich Mastria,” prepared by Earth Services, Taunton, MA, dated May 7, 2008, as an Approval Not Required plan; second by Mr. Canto; motion passed by unanimous vote (4). Mr. Gallagher signed the plan.
6:18 p.m. - Sturtevant Waiver of Frontage Plan, Old Center Street, was endorsed.
6:20 p.m. - General Business: Minutes of May 8, and May 22, 2008, received. Mr. Fountain moved to waive the reading and approve the minutes as received; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher signed the minutes.
6:22 p.m. – George Estates - Joe Arruda, Raynham, MA, submitted letter dated June 2, 2008, from Lawrence George, applicant/owner of George’s Way, requesting change of name from George’s Way to Nina’s way. Mr. Arruda explained the Raynham fire chief informed him there is a conflict with the name George’s Way so he wants it changed. Mr. Arruda noted the Chief approved the name of Nina’s Way.
After discussion, the Board approved the name change. They agreed to send a letter to the fire chief regarding the matter.
6:30 p.m. - DePuy Orthopaedics Education Center (Paramount Drive) site plan and special permit public hearing was opened. Mr. Gallagher read the public hearing notice. Correspondence dated June 9, 2008, was received from Nitsch Engineering, Inc.
Jeff Prince, architecht and planner from Dacon Corp., appeared before the Board on behalf of applicant along with Steve Archibald and Michael Dryden, RLA, Project Manager, Waterman Design Associates.
Mr. Dryden addressed the Board and explained the site is approximately 35 acres, most of which are in the Designated Development District with a small portion located in the adjacent business district. He explained the existing J & J facility is approximately 434,000 square feet, with two stories and has mixed use. He noted there are between 1400 to 1450 parking spots at the site now.
Mr. Dryden noted the proposed addition will be located on the north side of the existing building and the addition will be 2,070 square feet. He noted that utilities, driveway, drainage structures, and 30 parking spaces, including handicap spaces, will be relocated to accommodate the addition.
The Board and Mr. Dryden discussed the site drainage. They discussed parking spaces. It was noted that 279 spaces are needed and Applicant is seeking a special permit to allow only 3 spaces. Mr. Prince explained the site consistently has about 375 vacant parking spots daily because the facility operates on three shifts so not all employees are present at one time. Mr. McCarthy agreed with this and explained the new center will be for training surgeons and most of them will be shuttled to the facility from off-site.
Mr. Fountain asked if additional parking could be provided if needed, and Mr. Prince stated, yes, there was reserve space. Mr. Dryden pointed out the reserve space on the plan. During discussion, it was noted less than 10 new employees will be needed for the new center.
Project review letter from Nitsch Engineering, dated June 9, 2008, was discussed with John Schmid.
Mr. Prince noted Applicant will be in compliance with all federal requirements before proceeding with construction. Mr. Schmid suggested a note be put on the plan indicating the plan compliance with NPDES.
Mr. Dryden explained the site lighting. He noted the existing poles will be relocated and used. During discussion of the lighting, the neighbors present were advised the site lighting will be moved farther from Hill Street.
Fred Klausky, 525 South Street East, addressed the Board and noted he cannot see the existing front building lights now. Other neighbors who were present agreed they had no problems with the lighting. Mr. Fountain requested a photometric plan be provided as part of the as-built plan. After discussion, Mr. Prince agreed to submit a plan with the measurements indicating lighting levels on site. Mr. Gallagher suggested if a waiver from the lighting plan requirement is granted there could be a condition that lighting detail be part of the as-built plan.
After discussion, it was agreed applicant will submit a project narrative in lieu of a Traffic Impact Study.
Mr. Andrade asked Mr. Schmid if he had any outstanding issues. Mr. Schmid stated no.
Mr. Schmid discussed the proposed drainage. During discussion, Mr. Prince noted an increase in basins size was considered but it was determined an increase of twice the size could render the existing vegetation useless and it was agreed the mature growth needed to be maintained. Mr. Schmid noted the rates are being mitigated but he cannot say if there will be an impact to Hill Street. After discussion, it was agreed that test hole data will be provided by applicant.
After discussion, it was agreed that a DIS will be waived and the waivers will be put on the plan.
Mr. Andrade asked if anyone present had any comments. Francis McIntyre, 114 Hill Street, addressed the Board. He noted he was pleased that funds were received for drainage improvements in the Hill Street area. He asked for clarification on the status of drainage study discussed at the previous Bella Estates hearings. Mr. Gallagher noted a study was done, at the expense of Bella Estates, and it determined the drainage system was not adequate today. He noted the study identified problems and solutions and the issue is being worked on. He cited the grant money received by the Town for this purpose.
Mr. McIntyre also noted the line of sight on Hill Street/South Street intersection was blocked by shrubbery and this created a dangerous situation. Mr. Andrade advised Mr. McIntyre to contact the Highway Department to correct this problem.
Mr. Klausky asked if there would be any changes to the site that would increase the noise level. Mr. Prince explained that J & J had invested a significant amount of money to correct the problems with noise levels. He noted they replaced dust collectors and the noise level was decreased “dramatically.” He stated he would provide noise readings to the Board for their records. He also invited the Board to conduct a site visit. Mr. Klausky agreed the noise levels are quiet now.
After discussion, the public hearing for DePuy Education Center site plan was continued to June 26, 2008, 6:45 p.m.
7:05 p.m. Riverfront Estates TDR Plan public hearing was reconvened. Letter dated June 10, 2008 from Attorney Edmund J. Brennan requesting continuance of Riverfront Estates to next meeting. After discussion, the meeting was continued to June 26, 2008, 7 p.m.
(Mr. Fountain left the meeting at 7:06 p.m.)
7:07 p.m. – Letter from John Schmid, P.E., and Judith Nitsch, President, Nitsch Engineering, dated June 11, 2008, regarding consulting services was received. Mr. Schmid was present to discuss the matter with the Board. He addressed the Board and noted they have expressed concerns regarding the billing from Nitsch Engineering. Mr. Schmid explained that the issue could be related to his billing rate. He noted he has happily served the Planning Board for the past ten years but he has probably outgrown their needs at this point. Mr. Schmid then introduced Steven Ventrescan, P. E., of Nitsch Engineering, Inc., as his replacement to the Board. Mr. Schmid explained that Mr. Ventrescan could conduct project reviews, at a lesser billing rate, while he would work at “arm’s length.”
Mr. Andrade noted that he was not present at the last Board meeting when the billing issue was discussed but that he had seen and approved the letter that was sent to Nitsch Engineering after that meeting.
Mr. Gallagher explained he felt some previous bills from Nitsch seemed high and that could be because they were a Boston firm. He stated the Board’s concerns were no reflection on the work done by the firm. Mr. Gallagher cited the Westcott project bill, which consisted mainly of travel time to the site. He noted that if a local firm is involved in projects, there will be less travel time needed. He further stated that he felt a P.E. is not needed to conduct all site inspections. Mr. Gallagher noted that Mr. Ellis and Mr. Fountain were not present for this discussion so decisions should not be made without them.
Mr. Andrade noted that in the past, Mr. McCarthy has conducted site inspections. He suggested the Board could have a dual relationship with Nitsch Engineering utilizing their services for some projects and other firms for lesser jobs. Mr. Andrade noted the Board depends on consultant engineers and the Board is better for their input. Mr. Andrade stated he did not want to lose ten years of Nitsch Engineering knowledge and experience.
Mr. Schmid cited Whippoorwill Estates as an example of how site visits can be conducted. He noted photos of that site were taken and then used for his review and discussion with Mr. McCarthy. He suggested the same can be done for other site inspections and that in the future he and Mr. McCarthy could discuss and determine whether Nitsch Engineering or Mr. McCarthy would conduct on-site inspections.
Mr. Schmid explained Mr. Ventrescan could review plan while he would oversee a project, and it could be determined case by case who would be needed at Board meetings. Mr. Schmid stated he wanted to maintain the relationship between the Board and himself and that he has enjoyed it over the years.
Mr. Gallagher agreed that Nitsch Engineering services are not needed for smaller site inspections.
Mr. Andrade noted the letter the Board sent to Nitsch Engineering might have seemed harsh and that he also did not want to lose the relationship with JNEI and it was a sound way of conducting business. He suggested the matter be tabled so all could think it over.
During discussion, it was noted Mr. Ventrescan lives in Middleboro, which may lessen his billable travel time.
Mr. Schmid noted that he also works with Highway Superintendent Roger Stolte and the Conservation Commission and Erika Ueberbacher. He noted that often direction will come from Mr. Stolte or Ms. Ueberbacher for a project, but the billing is done to the Planning Board account. He asked if in the future he should “touch base” with the Board on such matters. Mr. Andrade stated yes, he could go through Mr. McCarthy. Mr. Schmid noted that Mr. McCarthy is always aware when he is coming down to Raynham.
Mr. Andrade noted the concern is to keep down the amount of fees needed.
Mr. Gallagher said he thinks the Board could use a local inspector, maybe not for estimating bond amounts but for other inspections and reports. Mr. Schmid said he was agreeable to that.
Mr. Andrade noted the current process goes fairly smooth and he does not want to see projects delayed.
Mr. Schmid stated that if he is not needed for specific issues, he will not be at Board meetings.
Mr. Canto said that he was agreeable to John Schmid delegating projects as they go forward.
Mr. Schmid suggested try this arrangement until September and then revisit the issue.
Mr. Canto noted that the itemized billing details were sought by the Board to justify costs for applicants.
7:35 p.m. – General Business: Correspondence dated June 3, 2008, was received from Attorney David Gay requesting release of remaining surety funds being held for Hess / Rte. 138 service station. Attorney Gay’s correspondence included a “Canopy Light Level Survey” for the site.
Mr. Canto noted the issue is the site lighting spilling onto the roadway not under the canopies and that the site is not compliant with the approved lighting scheme.
Mr. Gallagher asked Mr. McCarthy if this is true. Mr. McCarthy said he was not sure at this time.
Mr. Canto noted the applicant was asked to shield the lights to avoid the problem. After discussion, it was agreed to table the matter until the site is compliant. Letter will be sent advising Attorney Gay of the concerns.
7:38 p.m. – General Business: Letter dated June 10, 2008, received from William R. Griffith, President, Creative Homes, Inc., advising the Board the project is complete with all the trees surviving the winter and requesting a release of remaining surety funds.
After discussion, it was agreed Mr. McCarthy will conduct a site inspection. The request was tabled to next meeting.
Copy of letter dated June 12, 2008, from Building Commissioner/ Zoning Enforcement Officer Rod Palmer to Mrugesh Chokshi/Coletti’s Market was received. During discussion, it was noted there was no time limit imposed on completion of the project. Mr. Andrade stated the project should be completed and he was okay with Mr. Palmer’s letter. Mr. Gallagher noted if no deadline is given, there is no violation.
No action was taken.
There was no further business, and the meeting adjourned at approximately 7:30 p.m.
Christopher J. Gallagher, Clerk
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