The Raynham Planning Board held a regular meeting on Thursday, July 1, 2010, at Raynham Veterans' Memorial Town Hall. Vice-Chairman Fountain opened the meeting at 6:15 p. m.
Board members present: Burke Fountain, Christopher Gallagher, Russell Driscoll and Henry Ellis (6:30 p.m.)
Board members not present: Daniel Andrade
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
6:15 p. m. - Town Planner update: Mrs. Whalley informed the Board she spoke with Town Counsel Marc Antine, and he advised he would like a letter from the Board when Kings Estates is found in default for not completing the subdivision. Mrs. Whalley noted she sent a request to Town departments and Boards requesting they inform the Board of any concerns they might have with Kings Estates, but nothing has been received to date.
6:11 p. m. – Mello/Hall Street subdivision public hearing was reconvened. Request for continuance was received from Paul Patenaude, PE, PLS, Earth Services Corp. on behalf of applicant. Mrs. Whalley noted she spoke to Highway Superintendent Roger Stolte who indicated properties in the locus neighborhood continually have water issues. Mr. Gallagher said he believes the problem is due to soil conditions and high water table in the area. Mr. Fountain moved to continue the public hearing to August 5, 2010, 6:05 p.m.; second by Mr. Driscoll; unanimous vote to continue.
General Business: Mr. Fountain moved to waive the reading and approve the minutes of June 17, 2009; second by Mr. Gallagher; motion passed on unanimous vote.
Correspondence dated June 29, 2010, was received from Town Counsel Antine advising the Board the Demoulas Supermarkets, Inc. v. Planning Board decision in favor of the Board was affirmed by the Massachusetts Appeals Court. No action was taken.
Copy was received of letter dated June 29, 2010, from Building Commissioner Dennis Machado to Alan J. Micale, Ayoub Engineering, advising that building permits for McDonald's on Route 44 and McDonald's on Route 138 were denied. No action taken by the Board. (Mr. Ellis arrived.)
Letter dated June 29, 2010, was received from Raynham Conservation Commission regarding their conditional approval of Roger's Way Extension. No action was taken by the Board.
Mrs. McKenney informed the Board an application and plan Carriage Hill Phase II was submitted to the office, and the applicant requested a determination as to whether the plan is a new submittal or a modification of the approved Carriage Hill plan. After discussion it was agreed the plan is considered a new submittal and proper filing fees must be submitted.
6:35 p. m. - King Philip Realty Trust/South Main Street Open-Space/Form A (corner of South Main and King Philip Streets) public hearing opened. Mr. Gallagher read the notice. Todd Pilling, P. E., Pilling Engineering, and Frank Campbell, King Philip Realty Trust, were present.
Project review letter, dated July, 1, 2010, was received from Nitsch Engineering. Letter, dated June 30, 2010, was received from Town Counsel Marc Antine. Attorney Antine's letter advised the Board the Form A submittal did not meet the intent of the Open-Space by-law.
Mr. Pilling informed the Board he received a copy of Attorney Antine's letter, and in response, he prepared a preliminary subdivision plan although he believed a Form A plan is acceptable to meet the requirements of the open-space by-law. He noted the final open-space plan will have three lots and three acres of open-space will be given to the Town.
Mr. Pilling presented a sketch plan showing a subdivision roadway for the three lots. He noted he could prepare a Form B preliminary plan if needed to show that all subdivision requirements can be met. He reviewed the revised plan for the Board.
During discussion of the plan, it was noted the Planning Board can waive their subdivision regulations. Mr. Fountain stated he was satisfied with the three lots shown on the preliminary plan. Mr. Gallagher stated he liked the conventional layout as presented.
The Board and Mr. Pilling discussed a frontage variance from the Board of Appeals as an option to the proposed subdivision plan. They noted the final product would be better with less wetland crossings needed if a variance was granted. After discussion, the Board agreed that in order to conform to zoning, a Form C application must be submitted if applicant proceeds with Planning Board subdivision approval rather than seeking a variance from the ZBA.
Board members agreed they rely on Town Counsel’s opinion, and the plan must be submitted legally. The public hearing was then continued to July 15, 2010, 6:20 p. m.
An unidentified abutter to the King Philip Street/South Main Street property addressed the Board and asked what happened to the stream that ran under the land and asked why it no longer ran through the property. He explained he was concerned with drainage and what will happen with the proposed lots being built upon. Mr. Pilling explained that approximately 13 years ago the owner filed for permission to fill a portion of the stream and it was redirected to the nearby river. He noted that as of two weeks ago, he was on the property and saw the stream running.
6:57 p. m. – Munro Electric, 33 Commercial Street, modified site plan and special permit public hearing for parking reduction was opened. Mr. Gallagher read the public hearing notice. Attorney William Rosa, Wynn & Wynn, Raynham, MA, was present as applicant's representative along with Rich Riccio, P.E., Field Engineering.
Attorney Rosa explained the applicant is requesting a modification of the original site plan to allow the site entrance to remain where it is presently located. He noted the entrance is located a little further to the left of where approved and it has been that way for several years.
Mr. Gallagher announced that he was the engineer on the original site plan and asked if anyone present had any objections to him participating in the hearing. Mr. Ellis asked if he has represented Munro Electric since the plan; Mr. Gallagher stated no, nothing since the 1998 plan.
Attorney Rosa stated he had no objection to Mr. Gallagher participating, and no one else spoke on the matter.
Mr. Riccio noted the Board approved an addition to the site in 2004, but it was never built.
Mr. Ellis asked if the plan was being considered a major or minor modification, noting if it is considered a major modification, additional fees need to be submitted. During discussion, it was noted the entrance has been located as is since 1998, and it was slid further down on the site to avoid encroaching onto neighboring property. It was noted a Certificate of Occupancy for the site was issued, and traffic patterns have been established with the present site entrance.
Mrs. Whalley informed the Board she visited the site and counted 26 parking spaces. Mr. Ellis noted the original plan approved 44 spaces, and he asked if there were ever 44 spaces. Mr. Riccio explained there were actually 38 spaces on site but some may have been covered and an additional 12 spaces are available but not yet paved. He noted some spaces need to be restriped.
Mr. Gallagher stated the plan showed 38 existing spaces and 12 encumbered spaces. Mr. Gallagher noted he has never seen the lot full. Mrs. Whalley stated she conducted site visit and the front parking spots were not taken but the rest of the lot was full. During discussion, it was noted the Conservation Commission issues will not effect the driveway location.
Mr. Fountain asked if all zoning violations have been corrected. Attorney Rosa stated it is his opinion that they are, and the Building Commissioner will conduct an inspection to determine.
After discussion, the Board agreed the proposed modification is minor.
Attorney Rosa explained that the Cease and Desist order issued to Munro by the Building Commissioner was appealed to the Board of Appeals and has been on hold since 2007.
Mr. Fountain noted the existing driveway entrance has been located for about ten years approximately 10 feet from where approved on the plan, and he asked if applicant was asking the Board’s blessing on the current location. Attorney Rosa stated yes.
Mr. Fountain asked if anyone present had questions or comments, and the following spoke:
William Piche, 139 Richmond Street, abutter, stated the company has not done all they promised to do and the past five years have been miserable. He noted 18 wheel trucks enter the site non-stop from 7 a.m. to 5 p.m., and after 5 p.m. many trucks sit on site overnight and idle their engines.
During discussion, it was noted the Board was originally informed that only small trucks would use the site. It was also noted the large 18 wheel trucks are not Munro’s and Munro’s own trucks using the site are smaller. It was also noted the property is zoned commercial.
Mr. Gallagher noted applicant is before the Board on two requests only, and the outstanding violations are a zoning issue.
Mr. Piche stated trees were not located on the site as promised and the trees that are in place are small and many are dead.
Mr. Gallagher stated Conservation Commission would not allow trees planted in some spots; Mr. Piche disagreed, noting the applicant just would not plant them. Mr. Piche noted a sound barrier, as required, was not put in place and there are pipes banging on site all day.
Mr. Riccio stated the sound barrier was part of the addition site plan that was never built. Mr. Piche stated they were for the first plan. Mr. Gallagher agreed they were part of the addition plan. Mr. Riccio explained the trees were brought down along the property line as far as allowed.
The Board discussed asking Building Commissioner/Zoning Enforcement Officer Dennis Machado to inspect the site for the zoning violations and advise the Board on the status of the site.
Susan Peabody, 157 Richmond Street, direct abutter, addressed the Board and stated that in view of applicant’s record, she was in favor of Mr. Machado giving a clean bill to the site except for the parking and driveway location, which are being addressed by the Board.
Donald McKinnon, 147 Richmond Street, addressed the Board. He noted that as a Selectman, he welcomes business to Raynham but the neighbors have to be appeased by any business. He stated that with due respect to Munro, it was disheartening that Munro had not met with neighbors and finished up the items remaining.
Board members agreed that based on past record, if a special permit was granted now, the remaining violations may not be cleared up. Attorney Rosa noted there is an outstanding order from the Building Commissioner that is on appeal at the ZBA, and if remaining items were not cleared up, the Building Commissioner could take enforcement action. He stated he was comfortable that all items except for what was before the Board tonight were done.
Mr. Fountain noted there is an October 17, 2007 letter from then Building Commissioner Rod Palmer and a March 30, 2004 project review memorandum letter from Nitsch Engineering citing outstanding site plan issues. Mr. Fountain suggested the neighbors advise the Building Commissioner of items not in compliance with zoning in their opinion. Board members then agreed the requested modifications are minor modifications.
The hearing was then continued to August 5, 2010, 6:20 p.m. Mr. Fountain reminded Attorney Rosa that the Board’s approval is contingent on sign-off from the Building Commissioner. Mr. Ellis suggested applicant submit an extension of time-to-act so the Board will not have to deny if necessary.
7:45 p.m. – Mill Pond Open-Space Preservation definitive plan (located off Mill Street): Applicant/owner James Williams, 225 Mill Street, appeared before the Board for a status update on the project. With Mr. Williams were Attorney David Gay, Taunton, MA, and Craig Horsfall, P. E., Hayward-Boynton & Williams, Taunton, MA.
Mr. Williams submitted a detailed memorandum regarding the status of the subdivision. He reviewed each item on the memo for the Board.
Mr. Gallagher stated he was okay with the proposed layout of Mr. Williams' plan.
Mr. Williams noted he has been dealing with Natural Heritage for the site, and they had asked for a 70% reserve of the land with 30% development. Mr. Gallagher noted the layout is about one acre away from that split. Attorney Gay noted the plan is essentially 70% open space.
Mr. Williams pointed out the developable areas on the plan. Attorney Gay noted two lots had been taken out of the original plan. He stated it is undecided if the subdivision will be public or private. He stated a public road might be better than a homeowner-association owned road and that banks prefer public roads. He also noted a public road opens up potential for more people to use the open space and the public road.
Mr. Williams asked the Board if they had any objection to the basic concept of the lots and road layout.
Mr. Gallagher stated he liked the plan
Mr. Williams discussed that he may keep the pond area private to avoid safety problems but he is not comfortable with a private lot having public pond access. He noted he is still working with the Army Corps of Engineers on wetland crossings.
Mr. Williams asked the Board if they had any further comments or suggestions. The Board had none.
There was no further business, and the meeting adjourned at 8:25 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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