The Raynham Planning Board met on Thursday, July 23, 2009, at Raynham Veterans’ Memorial Town Hall.
Board members present: Daniel Andrade, Burke Fountain, Chris Gallagher, Henry Ellis and Russell Driscoll
Board members not present: (all present)
Staff present: Marilyn Whalley, Maureen McKenney
Mr. Andrade opened the meeting at 6:00 p.m.
6:01 p. m. – George Estates: Joe Arruda appeared before the Board and presented a revised tri-partite agreement for release of lots in George Estates. Mr. Arruda noted he is now the owner of the property and has made the changes to the agreement that were suggested by Town Counsel Marc Antine.
Mr. Fountain moved to accept the “Performance Secured By Lender's Agreement,” dated July 23, 2009 between the Town of Raynham and Daniel Kirker and Joseph Arruda, as owners of BRS, Inc., and Bridgewater Savings Bank, as lender, concerning George Estates; second by Chris Gallagher; motion passed by unanimous vote. The Agreement was signed by Board members.
Mr. Arruda informed the Board that he wants to start work in the subdivision soon. He explained he wants to locate the sidewalk against the curbing for aesthetic purposes and because he fears the grass strip required by the plan will not be maintained properly, and he wants to locate mailboxes on the opposite side of the street. During discussion, the Board agreed they previously approved and wanted the grass strip according to plan.
Highway Superintendent Roger Stolte was present and spoke to the issue. He noted the Town Highway Department does not maintain the grass strip but rather the property owners do. He advised that room is needed to locate mailboxes without going into the street. Mr. Stolte noted vertical curbing on both sides of the street is okay with him or sloped curbing on the side with the sidewalks is also acceptable.
Mrs. Whalley noted the regulations require five-foot sidewalks with five-foot grass strip.
(Henry Ellis arrived at 6:13 p.m.)
Mr. Andrade said he prefers the grass strip but if Mr. Arruda wants changes to the plan, he should get approval from the Highway Superintendent. The Board advised Mr. Arruda to submit a written request for a modification along with a proposed plan. They also stated a new cross-section will be needed.
6:22 p. m. – 1635 Broadway: Steve Kennedy, 179 Church Street, Raynham appeared before the Board to discuss a possible site plan for 1635 Broadway. Mr. Kennedy explained he wants to construct a business condominium with eight units. He noted the lot is located behind a residence, which he owns.
Mr. Gallagher noted a 50-foot buffer between the business and residence will be needed. Mr. Ellis stated he thinks there might be access problems with the site. After discussion, the Board advised Mr. Kennedy the zoning by-laws must be followed and suggested an engineer help him develop his plan.
6:30 p. m. - Elm Street East/Francis McGuirk, Waiver of Frontage Plan: The public hearing was opened. Mr. Gallagher read the hearing notice. Attorney Edmund Brennan, Taunton, MA, appeared before the Board as applicant's representative. Attorney Brennan explained Mr. McGuirk's lot was granted a variance from frontage and geometric building square requirements. He noted the variance plan has been recorded and Mr. McGuirk now seeks a waiver of frontage approval from the Planning Board.
Mr. Fountain noted the issues before the Planning Board are limited. He asked how far the property is located from a dangerous curve on Elm Street East. Attorney Brennan stated the road at the property is straight and flat. He noted there were no large trees on the front of the property. Mr. Fountain stated he had no issues with ingress and egress at the lot.
Mr. Gallagher moved to approve as an Approval Not Required plan, the plan entitled “Waiver of Frontage Plan of Land In Raynham & Bridgewater, Massachusetts For Francis J. McGuirk,” dated May 11, 2009, prepared by Azor Land Sciences, Inc., Lakeville, MA; second by Mr. Ellis; motion passed by unanimous vote. Certificate of Action will be issued.
6:36 p. m. - South Main Street/Barrett Johnson definitive subdivision plan: The public hearing was opened. Mr. Gallagher read the public hearing notice. Attorney Edmund Brennan, Taunton, MA, appeared before the Board as applicant's representative. Mr. Johnson was also present.
Mr. Andrade informed the Board he was abstaining from the hearing.
Attorney Brennan presented the plan and noted the following: the plan is for one lot that will be separated from the existing parcel, which has a house on it; the existing curb cut will be the driveway location; wetland issues will be addressed; applicant will be asking for waiver of road construction requirements; runoff will be handled by two swales. Attorney Brennan submitted a letter requesting a reduction in filing fees from $11,000 to $1,500.
Mr. Fountain asked if there were any abutters present wished to speak on the plan. Ethan Britland, 60 Pamela Way, addressed the Board and asked the purpose of the plan. Mr. Gallagher explained that with a one-lot subdivision plan, the Board can vote to approve the plan and waive the road construction down to what is in essence a driveway for one house.
Mrs. Whalley informed the Board that an abutter to the property spoke to her regarding concerns with drainage onto his property. Mr. Gallagher noted trenches will be put in place and the Board can require they be inspected as a condition of approval.
Mr. Fountain stated he would like to see additional topography shown on the plan to indicate any flow to the neighboring property. Mr. Ellis stated he was not satisfied with the plan as presented. Mr. Gallagher said he did not feel review of the plan is necessary. Mr. Ellis disagreed but said he would go along with the plan.
After discussion, it was agreed the waiver request relative to runoff control will be deleted and H20 loading will be shown on the plan. Board members discussed whether or not to send the plan to the Board's consultant for review. Mr. Gallagher offered to review the plan before it is endorsed. Mr. Ellis questioned if Mr. Gallagher should provide that service as a member of the Board.
Attorney Brennan asked the Board to vote on the plan. After discussion, it was agreed the following revisions are needed on the plan before a vote can be taken: sewer manhole will be eliminated from plan; cross section of driveway and runoff control will be provided; topography to the Lecuyer property will be shown; and, H20 loading will be shown.
After discussion, the hearing was continued to August 27, 2009, 6:15 p. m.
7:10 p. m. - Ryan Iron site plan: The public hearing was opened. Mr. Gallagher read the hearing notice. Shane Oates, Coneco Eng., Bridgewater, MA, appeared before the Board along with applicants Larry Kelly and John Shea, K & S Realty Trust.
Mr. Oates noted the plan has not yet been reviewed by the Board's consultant. He explained the plan proposes three buildings, which will be built one at a time and will be in the same style as 95 Ryan Drive building. Mr. Oates noted construction is planned for next spring. He explained the final plan for the land will be an ANR plan that will show one lot rather than three individual lots.
Mr. Andrade stated that when the plan is reviewed, the Board will request that the last Certificate of Action for the last building be reviewed for road improvement issues and that any outstanding issues must be complete before a new building is started. Mr. Oates noted Ryan Drive road was reconstructed last summer.
Arthur Bendenelli, Superintendent of North Raynham Water District, addressed the Board. He noted two stubs are at the lot now and another one will be need, and a water impact study will be needed. During discussion, it was noted this will be the last build-out on Ryan Drive as the rear portion of the property is not being developed.
Highway Superintendent Roger Stolte was present and stated he had no issues with the plan.
Mr. Oates informed the Board the site plan filing fee for the project was over $50,000.00, and the check was submitted. He asked for a reduction in the filing fee, noting it was a prohibitive amount at this time. Board members agreed to consider the request. Mr. Gallagher noted others have not received filing fee reductions.
After discussion, the public hearing was continued to September 10, 2009, 7 p. m.
Mr. Bendenelli, North Raynham Water District, addressed the Board with a question regarding the District’s new water filtration site plan. He agreed to submit a written request to the Board so a site visit can be done.
7:35 p. m. - Interview with Nitsch Engineering for project review consultant contract: John Schmid, Steve Ventresca and Erin Joyce were present to represent Nitsch Engineering. Mr. Schmid gave a brief history of the firm, noting Nitsch has worked with the Town of Raynham reviewing projects for eleven years, and the firm has participated in over 200 projects for the Town since 1998. He explained his capacity at Nitsch Engineering has changed over the years, and if Nitsch is chosen as the Town's consultant, he will be involved more as a principal while Mr. Ventresca and Ms. Joyce will be reviewing projects. Mr. Schmid stated he will stay involved with the Town and will mentor and guide Mr. Ventresca and Ms. Joyce. He noted Mr. Ventresca will be the point person and Ms. Joyce will provide
support services. Mr. Schmid noted both Mr. Ventresca and Ms. Joyce live within 15 minutes of Raynham, which will minimize travel costs.
Mr. Schmid explained the firm is full service with survey, transportation and traffic departments as well as electrical engineers, landscape architects and real estate appraisers available.
Steve Ventresca addressed the Board. He explained he has been with Nitsch Engineering for three years, and he discussed his professional background. He noted he has participated in review of Raynham projects and is currently working on the Hill Street project.
Erin Joyce addressed the Board. She noted she has participated in a couple of Raynham projects, and she works at keeping up to speed on the Town's regulations.
Highway superintendent Roger Stolte was present to participate in the discussion with the Board. He noted that after working with Nitsch for eleven years, he has a comfortable relationship with John Schmid. Mr. Stolte asked Mr. Schmid what has been the most challenging part of working with the Town and what areas may need improvement. Mr. Schmid noted juggling the interests and needs of various boards and departments is challenging, and he feels the area of sustainable design is something the Town may want to focus on and the firm as a depth of experience in this area.
Board members discussed the fact that they were concerned Mr. Schmid may not stay involved with the Town given his current capacity with the firm. Mr. Schmid assured them he will remain involved especially on projects he has begun.
Board members and Mr. Schmid discussed the issue of travel time. Mr. Schmid noted Mr. Ventresca lives nearby and his travel time will be minimal. It was also agreed that more detailed billing would be needed from the firm chosen as the Town’s consultant.
Mr. Andrade asked Mr. Schmid what he might change or improve for the Town. Mr. Schmid he would have regulations that are accepted and “blessed” by all Town departments.
Mrs. Whalley stated she has enjoyed working with John Schmid, finding him to be very professional. She noted the Nitsch firm has a good reputation.
8:15 p. m. - Interview with Beals and Thomas for project review consultant contract: John Bensley and Jerry Previl appeared before the Board on behalf of the firm. Mr. Bensley noted he works out of the Southborough office and Mr. Previl works out of Plymouth office.
Mr. Previl gave a history and overview of Beals and Thomas. He explained the firm has 35 employees and they typically work as a team to review projects. He noted the firm's business is 85% - 90% private work and 10% public work. Mr. Previl noted the firm has worked with several municipalities, with the attorney general's office and other state agencies.
Mr. Previl explained that an estimate of costs is given before a new review project is started. He noted the firm’s landscape architect, traffic consultant and wetland consultant also look over the job for estimates. He explained that not just the project engineer reviews a project, but all members of the team participate.
Mr. Bensley addressed the Board. He noted he has worked on Raynham projects, primarily in Raynham Woods, Silko Honda and Mastria Auto. He noted he typically considers the whole picture of various Boards and departments when reviewing a project. Mr. Bensley stated he is familiar with the Raynham regulations. He noted the regulations can be streamlined and cross-referenced if the Board wishes to do so in the future. Mr. Bensley stated Beals and Thomas is a broad and diverse firm and would be a good asset to the Town.
Mr. Stolte addressed the Board and noted he has worked with Mr. Bensley on projects. He asked what area of training and expertise Mr. Bensley would need to improve to be effective. Mr. Bensley stated it would be staying on top of LID, and he stated he is working to be more of an expert in wetland issues.
Mr. Stolte and Mr. Bensley discussed basins and which types were better. The discussed the fact that they had a difference of opinion regarding Raynham Woods drainage problems.
During discussion with the Board, it was noted that Mr. Bensley would be the primary reviewer and depending on the project, a less senior associate might be brought on. Mr. Previl explained the firm has worked with several towns in the area. He noted the firm does charge for travel.
Mr. Gallagher noted both Mr. Bensley and Mr. Previl have experience in design, and he preferred that younger associates not learn on projects. Mr. Previl assured that he and Mr. Bensley would be heavily involved in projects.
During discussion, it was noted the firm has primarily suburban business clients with very little urban work. Mr. Previl noted he would be the main contact at the firm and his work would be done from Plymouth. He noted that when a project estimate is given, 99% of the time, it does not go over estimate. He noted an initial meeting with a contractor is set up to go over a project before construction begins.
Mr. Andrade asked if there would be conflicts because of past work the firm has done in Raynham. Mr. Bensley stated most of their work was done in Raynham Woods business park, and since the park is significantly built out, he does not see any conflicts arising. Mr. Previl noted they would abstain from a project if they had to choose if a conflict did arise.
Mr. Andrade asked Mr. Bensley if he would rewrite the Board’s regulations. Mr. Bensley said he would not force it but he would assist the Board if they wanted to do so. Mr. Previl noted they would typically do that with the Town Planner.
After discussion with Nitsch and Beals and Thomas concluded, the Board discussed the interviews with Mr. Stolte and Mrs. Whalley. A vote on the matter was tabled to later in the meeting.
9:20 p. m. – Bella Estates condominium site plan: Developer Michael Intoccia appeared before the Board to discuss the project (located off Hill Street). He noted the roads are in but the project has stopped because there is a problem with financing the condominium units. He noted the bank wants the project 50% - 70% full before additional funding will be given. He explained the bank will provide financing if the buildings units are separated and not attached condo units. He noted the site will still be a condominium project with common areas and an association. He noted that if the Bella Estates buildings are separated, he may lose some units.
Mr. Andrade stated that if the buildings are separated, the project would become more of a subdivision with separate houses. He questioned if the Board’s regulations covered this type of project. Mrs. Whalley noted there is nothing in the Board's subdivision regulations to address this situation.
Mr. Andrade asked how the Town would benefit it the project were changed. Mr. Intoccia stated it could be completed. The Board advised Mr. Intoccia they would need additional information on the matter.
Mr. Intoccia informed the Board the check for additional project review fees for Whippoorwill Woods will be submitted tomorrow. He noted Whippoorwill Woods is not yet finished. Mrs. Whalley informed the Board the time-to-act on the Whippoorwill Certificate of Action has passed. She asked if there is a Homeowners' Trust document for Whippoorwill. Mr. Intoccia said there is, and he agreed to send the document to Mrs. Whalley.
Mr. Intoccia updated the Board on the status of Carriage Hill and noted it will be paved in two weeks.
9:34 p. m. - Discussion of project review consultants: After discussion of the presentations made by Nitsch Engineering and Beals & Thomas, a vote was taken on the project review consultant: Mr. Andrade, Mr. Ellis, Mr. Fountain voted for Nitsch Engineering; Mr. Gallagher, Mr. Driscoll voted for Beals and Thomas. By vote of 3 to 2, the contract will be offered to Nitsch Engineering with the specific conditions that John Schmid will be involved on major project rather than a lesser seniority employee and a written proposal for each project will be submitted by Nitsch before commencing review.
General Business: Minutes of May 28, and June 25, 2009, were received. Mr. Fountain moved to waive the reading and accept the minutes as submitted; second by Mr. Ellis; motion to approve passed by unanimous vote.
There was no further business, and the meeting ended at approximately 9:50 p. m.
Christopher J. Gallager, Clerk
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