Town of Raynham, MA - Planning Board Minutes August 27, 2009

The Raynham Planning Board held a regularly scheduled meeting on Thursday, August 27, 2009, at Raynham Veterans’ Memorial Town Hall.

6:01 p. m. - George Estates: Written request, dated July 28, 2009, was received from Daniel Aguiar, Senior Project Manager, Sitec, Inc. on behalf of Joseph Arruda, developer of George Estates, to allow a minor modification of George Estates definitive subdivision plan. Mr. Arruda appeared before the Board to discuss the minor modification to allow sloped granite curbign in lieu of the approved vertical granite curbing. Mr. Arruda provided a cross-section detail sheet showing the proposed sloped granite curbing. During discussion, it was noted the Board and Highway Superintendent Roger Stolte prefer the grass strip remain as originally approved.

Correspondence dated August 27, 2009, was received from Mr. Roger Stolte on this matter. Mr. Arruda stated he believes Mr. Stolte reviewed the revised cross-section sheet.

After discussion, Mr. Fountain moved to approve the minor modification as requested by Mr. Arruda with the condition that the changes are in conformance with Mr. Stolte's correspondence to the Planning Board, dated August 27, 2009; second by Mr. Gallagher; motion passed by unanimous vote (Mr. Andrade, Mr. Fountain, Mr. Gallagher). It was agreed that Mr. Stolte's correspondence will be filed as an exhibit to the Certificate of Action.

General Business: Minutes of July 23, 2009 were received. Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Andrade; motion passed by unanimous vote (four in favor).

Memorandum, dated August 21, 2009, with photographs included, was received from Nitsch Engineering regarding a retaining wall constructed at Lot 30, Whippoorwill Drive. Mr. Andrade reminded the Board that the developer of Whippoorwill Woods and the Lot 30 homeowner had previously appeared before the Board and requested a minor modification to the approved subdivision plan to allow the retaining wall. He noted the Board approved the modification and the developer, Intoccia Construction, was advised at that time to submit a cross-section of the retaining wall but that has not been done to date.

Mr. Gallagher noted he remembered the retaining wall as originally proposed was going to be constructed with “redi-lock” material, which was not done. During discussion, it was noted the stone wall was constructed on Town property and it does not look stable.

After discussion, the Board agreed to send a letter to Mr. Intoccia requesting a cross-section plan of the retaining wall, including the curbing and gutter location, before any further work on the wall is done.

Mrs. Whalley informed the Board that Mr. Intoccia is planning to begin the street acceptance process for Whippoorwill Woods. She questioned if the retaining wall should be properly completed before street acceptance, and the Board agreed it should be done.

Mrs. Whalley informed the Board Mr. Intoccia owes property taxes to the Town. She noted she sent a letter to Town Counsel Marc Antine requesting his opinion on whether or not street acceptance can be held up if taxes are not paid to date, but she has not received a response yet.

Board members discussed the matter of property taxes being owed on a road not yet accepted by the Town. Mr. Andrade noted that if street acceptance is held up because the developer owes the Town unpaid taxes, the subdivision residents may not get snow plowing or other necessary services. The Board discussed whether or not they had any leverage to hold up a street acceptance if a developer owes taxes to the Town. During discussion, it was noted there is a Town by-law allowing that no permits be issued if taxes are outstanding but it is unclear if the by-law would apply for street acceptance.

After discussion, Board members agreed they would not jeopardize road acceptance for the residents, but they will send a letter, at the time the road acceptance is requested, stating acceptance by Town Meeting could be in jeopardy if outstanding taxes are not paid in full at the time.

Mr. Andrade noted that Highway Superintendent Roger Stolte has been given a clear directive by the Selectmen not to plow a road if it is not Town owned. Mrs. Whalley noted Mr. Stolte could plow and then bill a developer if necessary.

Mr. Gallagher noted the tax debt runs with the lots in a subdivision and not on the roadway. Mr. Driscoll agreed and noted that interest runs with the owed taxes.

On another matter, Mr. Fountain informed the Board he spoke to Pine Street resident who was interested in rezoning Pine Street for a mixed industrial/residential use. The Board discussed how involved they should be in the process. After discussion, it was agreed they would determine that further when something definite is proposed to the Board.

6:20 p. m. - 476 South Main Street/Barrett Johnson Definitive Subdivision Plan public hearing: The public hearing was reconvened from July 23, 2009. Mr. Andrade informed the Board he was abstaining from participating in the plan and left the room.

Attorney Edmund Brennan, Taunton, MA, appeared before the Board as applicant's representative. He submitted a revised plan with the changes the Board requested at the previous public hearing. Mr. Fountain noted Mr. Gallagher was to have looked over the plan for the Board. Mr. Gallagher stated the plan was acceptable to him.

Mr. Fountain moved to approve the plan entitled “Definitive Subdivision Lotting Plan of 476 South Main Street in Raynham, Massachusetts Prepared For Barrett R. Johnson ,” dated December 15, 2006, last revised date July 27, 2009, prepared by Arthur F. Borden Associates; second by Mr. Gallagher. There was no further discussion. The motion to approve passed by unanimous vote (three in favor).

Attorney Brennan submitted the mylar copy of the Elm Street East/McGuirk waiver-of-frontage plan. He noted the appeal period has expired, and the Town Clerk signed the plan. He noted all conditions of approval have been met. The Board endorsed the plan. Attorney Brennan will submit copies of the plan to the office.

6:32 p. m. - Raynham Center Water District Site Plan and Special Permit public hearing: Mr. Andrade opened the public hearing. Mr. Gallagher read the hearing notice. William Ward, Supt., Raynham Center Water District (RCWD), and Tom Minhana, Stantec Engineering, appeared before the Board for the plan.

Mr. Minhana explained the plan proposes a new water treatment facility for RCWD on approximately 17 acres of land off North Main Street. He noted the treatment facility is necessary to treat water at the nearby well; the road to the well will be an improvement on the existing cart path; the building will be approximately 5,200 square feet, slab-on-grade. Mr. Minhana submitted renderings of the proposed building and noted it will aesthetically fit into the surrounding neighborhood. He noted the building is for servicing this well only, the Fountain well.

Mr. Minhana reviewed the plan and discussed the pine tree buffer shown on the plan. He discussed the landscaping and noted the applicant will work with Mr. Fountain on the plantings. He noted the building will be seen from the road, there will be fencing around the basins and the well, and a gate will be installed to prevent cars from driving into the well area.

Mr. Andrade asked how close to the adjacent subdivision the building will be located. Mr. Fountain noted the developer is aware of the project and was not present at tonight’s public hearing.

Board members and Mr. Ward discussed the 20 – 25 feet buffer at the property line. Mr. Minhana stated the buffer could be filled in more if the Board had concerns about it.

After discussion, Mr. Gallagher stated the plan looked acceptable to him. Mr. Fountain stated he does not like the proposed white pines as a buffer rather he prefers spruce trees for the buffer. Mr. Ward was agreeable to the spruce trees being planted.

Site lighting was discussed. Mr. Minhana noted the exterior building lights will be low wattage. It was noted the flagpole on site may be lit and a sign on site may be lit. Mr. Ward stated the flagpole may not be lit because of maintenance issues.

Site noise was discussed. Mr. Minhana noted the pumps and blower make some noise but the outside generator will be in a soundproof enclosure.

Mrs. Whalley commented on the stormwater management as noted in the Nitsch Memorandum. Mr. Minhana explained the contractor will file the necessary permits.

Mr. Fountain discussed location of the spruce trees. After discussion, it was agreed the trees will be 4-foot tall, planted six feet on center. It was also agreed the proposed white pines at the property line will be relocated to other areas on site.

After discussion, it was agreed the Board may review the site lighting if it determines it becomes necessary later. The Board was agreeable to 30 watt LED lights in the building dormer.

Mr. Gallagher moved to approve the site plan entitled “Raynham Center Water District Fountain Well Water Treatment Plant Planning Board Submittal” and to grant the special permit to allow reduction in parking, as presented, with the following conditions: blue spruce trees, 4-feet tall, shall be planted 6 feet on center at the northern property line; the Board reserves the right to modify the site lighting, if needed; and, white pine trees shall be planted at the westerly and southerly side of the corner roadway landscaping area; second by Mr. Fountain; motion to approve the site plan and special permit passed by unanimous vote (four in favor).

Letter, dated August 19, 2009, was received from Gramlich Insurance Agency, Inc., New Bedford, MA, regarding the Hathaway Village Realty Trust (Kings Estates) surety bonds. No action was taken.

Town Planner Update: The matter of the updated subdivision chart was tabled. Mrs. Whalley noted the Board members had received copies of the 2009 Town of Raynham Community Survey for Open Space & Recreation Planning, and she asked them to complete and submit the surveys.

Letter, dated August 13, 2009, was received from Deborah McClory, Executive Director, Raynham Housing Authority, regarding town funding for additional elderly housing units. Mrs. Whalley informed the Board she recently met with the Raynham Housing Authority on this matter. Mrs. Whalley explained the Housing Authority is requesting that funds being held by the Town, which were donated as part of the Carriage Hill Estates special permit, can be used towards a feasibility study and conceptual plan for additional housing on Mill Street. Mrs. Whalley stated this would be a good use of the funds.

During discussion, Mrs. Whalley noted she is in the process of getting quotes to determine how much of the funds will be needed for a study. She asked the Board if they would entertain the idea of using the Carriage Hill funds for this purpose. Mr. Fountain stated he thought it was a good idea. Mr. Gallagher noted plans had previously been done on the land in question. After discussion, Mrs. Whalley stated she will further research the matter.

Letter from Brian and Lisa Prendergast, 87 Princess Lane, was received. In the letter, the Prendergasts explained they had concerns with the fact that their driveway is located on an unpaved portion of Princess Lane. After discussion, it was agreed the letter will be forwarded to the Building Commissioner for a determination.

7:30 p. m. – 476 South Main Street/Barrett Johnson subdivision: Attorney Edmund Brennan appeared before the Board to further discuss the subdivision plan. Attorney Brennan noted the matter of the requested reduction in filing fee was not addressed at the public hearing. Board members then discussed what would be an appropriate reduction in filing fee for this plan.

After discussion, Mr. Gallagher moved to approve reduction in filing fee from $11,000 to $1,500 for Barrett Johnson/476 South Main Street subdivision plan; second by Mr. Fountain; motion passed by three votes in favor with Mr. Andrade abstaining.