The Raynham Planning Board held a regular meeting on Thursday, October 21, 2010, at Raynham Veterans’ Memorial Town Hall. Chairman Daniel Andrade opened the meeting at 6:05 p.m.
Board Members present: Daniel Andrade, Burke Fountain, Chris Gallagher, Russell Driscoll, Henry Ellis
Staff present: Marilyn Whalley, Town Planner; Marc Antine, Town Counsel (7:00 pm)
6:05 p.m. – South Main Street/King Phillip St. Open Space Plan Public Hearing Todd Pilling, P. E., appeared with applicant Frank Campbell. Mr. Andrade asked the engineer if he had received the report from Nitsch Engineering. Mr. Andrade suggested the applicant address the comments one by one as outlined in the Nitsch Engineering report dated October 21, 2010. Mr. Pilling noted that the lots were reconfigured to increase the lot noted in the report as undersized to a 33,000 sq. ft. lot. Mr. Andrade stated that the wetland lines were discussed at the last meeting.
Mr. Pilling discussed the need for a storm water basin. He noted he created parcel A for that purpose. In addition the road would be elevated. Mr. Pilling presented soil testing from three hand-dug test pits. He also indicated that the water table is very high.
Mr. Pilling indicated that he was unclear about the waivers required for roadway geometry. Waiver requests referenced the wrong sections. Mr. Pilling corrected the citations to the correct sections. He had been using an outdated zoning bylaws book.
Mr. Pilling stated that the total acres are 5.1 in reference to Item 1 in comments on Zoning By-laws. Regarding the proposed subdivision road, Mr. Gallagher indicated that it was highly unlikely the Mass Highway would permit the road cut. Mr. Pilling indicated that they had no intention of building the road, so the item is not applicable. The Board discussed the location and the layout of the proposed preserved area. It was noted that the open space would be landlocked, but Mr. Pilling stated that the owner of the abutting land, which is between this land and the Town’s Borden Colony land, might be inclined to make it available to the Town at a later date. Mr. Pilling also explained the question of the requirement that not more than 30% of the area of preservation be
wetland. Mr. Pilling stated that they reconfigured the area around the roadway to increase the total area of preservation so that the ratio of wetland to upland would meet the requirement. Mr. Gallagher asked the applicant about the rear wetland delineation. He asked if it had been an LEC, Inc. line approved by the conservation commission. Mr. Pilling indicated that the wetland line had been delineated in l996 and approved by Con Com. Mr. Ellis asked if John Schmid from Nitsch Engineering had reviewed the wetland issue. Mr. Pilling stated that he had. Mr. Andrade stated that the project was marginal as a cluster development but that the numbers work and the plan had been reviewed twice by Nitsch. Mr. Andrade felt that the comments in John Schmid’s October 21, 2010 report had been addressed as well as they could be addressed.
Mr. Andrade polled the Board for final comments. Mr. Ellis stated the review process had been lengthy. Mr. Gallagher felt the cluster development had not met the intent of the open space bylaw. Mr. Gallagher asked about the conservation restriction. Mr. Andrade stated that the board would determine who held the conservation restriction. Mr. Fountain suggested that the conserved land could be used for a creative use by the Town. Mr. Andrade stated that this property is probably best used for habitat protection. Ms. Whalley suggested that the board contact the Park and Recreation department before determining who would hold the restriction. If at any time in the future, the abutting land should become available, the recreational aspect of the land could be taken advantage
of. Mr. Gallagher asked if the five-acre requirement is still being met. It was noted if Parcel A is given away, then it makes it fall below the five acres. Mr. Ellis suggested that the line between parcels be adjusted to make sure the five-acre limit is adhered to.
Mr. Gallagher stated that he preferred the three-lot Form A plan. Mr. Andrade pointed out the application is for an open space subdivision.
A motion was made by Mr. Fountain and seconded by Mr. Gallagher, to approve requested waivers from Section 6, Environmental Impact Statement; Section 7, Definitive Plan; Section 8, Design Standards; Section 9, Construction of Ways and Installation of Utilities; and, Section 10, As-Built Plan, of the Raynham Rules and Regulations Governing the Subdivision of Land. Unanimous vote to approve, 5-0.
A motion was made by Mr. Fountain and seconded by Mr. Gallagher to grant a special permit for the Definitive Open Space Preservation Subdivision of Land as shown on the Plan presented by Pilling Engineering Group dated August 5, 2010, revised October 8, 2010 and final revision October 21, 2010. Motion passed unanimously, 5-0.
The applicant was instructed to contact Park and Recreation prior to the Certificate of Action, so that the potential for the property to the benefit of the community is fully explored. Mr. Andrade asked if Parcel A could be conveyed to the Town as well as the back area. Access off public way is needed for the Town, which should be clarified in the Certificate of Action. Mr. Gallagher reminded the applicant that they had two years to act on the Special Permit.
Mr. Pilling asked for a reduction of the fees. After some discussion on the fee, a motion was made by Mr. Gallagher and seconded by Mr. Ellis to reduce the filing fee from $14,000 to $5,000. Motion passed unanimously, 5 - 0. It was also confirmed by the board that the waiver letter be revised to reflect the changes. Mr. Pilling indicated he would provide the revised letter for the files.
Evergreen Estates/Christina’s Path – Steve Joyce. Steve Joyce, 52 Captain’s Way, East Bridgewater, appeared before the Planning Board to request an extension of time to act for the completion of subdivision known as Evergreen Estates. Mr. Joyce requested a three-year extension for the time to act. Mr. Andrade asked how long the project had been in place. Mr. Joyce said it began in 2006. Mr. Ellis said that this project might fall under the new law that automatically approved extensions. Mr. Gallagher agreed. Ms. Whalley suggested the Planning Board might want to vote to extend at this meeting. Discussion about the road and sidewalk conditions took place. Mr. Joyce said the binder is down, but no trees. Mr. Ellis suggested a
two-year extension would be advisable. Mr. Andrade suggested that the Highway Superintendent examine the road prior to final paving since the binder will have been down a long time. Ms. Whalley asked if the bond was still active. Mr. Joyce stated, yes, it is a non-expiring bond. On a motion made by Mr. Gallagher and seconded by Mr. Andrade to extend the time-to-act for two more years. Motion passed unanimously 5 – 0.
Berry Hill - Public Hearing - Ms. Whalley notified the Planning Board that the office had received a request to continue the public hearing until December 16, 2010, and applicant extended the time to act to January 31, 2011. Ms. Whalley described the meeting with the Berry Hill engineer, John Schmid and bank representatives on October 19. Ms. Whalley suggested to the applicant that they need to provide more information prior to meeting with the Planning Board. On a motion by Mr. Gallagher and seconded by Mr. Driscoll it was voted unanimously to grant the extension of the time to act and the public hearing continuance. Vote 5 – 0.
McDonald’s Route 138 – Alan Micale from Ayoub Engineering and Rhona McFarlane, Construction Manager for McDonald’s USA presented the final version of the site plan for the Planning Board final review. Mr. Andrade reopened the public hearing and referred to the list of requested waivers for the project. The draft of the Certificate of Action was also presented. Mr. Micale described the meeting the previous week with representatives of the fire and police departments as well as the Town Planner and the Building Inspector. This meeting was requested by the Planning Board at their last meeting. Mr. Micale showed mock ups of all directional signs on site to improve safety and flow on the site. Mr. Micale indicated that the Code Enforcement Officer stated
that the corner sign was too large and would need ZBA approval. Mr. Micale stated he is concerned about going through the process for ZBA approval and, if denied, the impact that would have on the site plan approval process and construction startup. Mr. Andrade suggested that the Planning Board write a letter to ZBA endorsing the sign and encouraging them to approve the variance. Mr. Micale indicated that the construction schedule could be delayed or interrupted due to ZBA approval process. Mr. Micale asked what the process would be if ZBA denies the variance. Mr. Andrade stated that the applicant would have to return to the Planning Board. Mr. Andrade suggested that it is not the Planning Board’s intention to put onerous restrictions on the construction that would take place at the site prior to the ZBA decision. The consensus of the Planning Board would be to work out a workable compromise if ZBA
denies. Mr. Micale described all changes on the site plan.
A motion was made by Mr. Gallagher to approve the waivers as outlined on the front page of the COA presented to the Board, seconded by Mr. Driscoll. Discussion involved the corrections to the waiver changes. All changes had been made. Voted unanimously to approve 5 – 0.
A motion was made by Mr. Gallagher to approve the 13-page Certificate of Action dated 10.21.10 as written relating to the site plan dated October 21, 2010. Motion seconded by Mr. Driscoll. Mr. Ellis asked a number of questions about the accuracy of the plan and the COA. Voted unanimously in favor
5 – 0.
Route 44 McDonalds – Alan Micale from Ayoub Engineering and Rhona McFarlane, Construction Manager for McDonald’s USA presented the final version of the modified site plan for McDonald’s, Route 44. Mr. Andrade reopened the public hearing for the site plan review. Mr. Micale showed the Board the employee parking changes requested by the Planning Board at their last meeting. Also shown was the designated parking and signage for drive through wait areas.
A motion was made by Mr. Gallagher to approve the waivers on the cover sheet on the Certificate of Action dated 10.21.10. Motion was seconded by Mr. Fountain. Motion passed unanimously 5 -0.
A motion was made by Mr. Gallagher to approve the Certificate of Action dated 10.21.10. the Motion was seconded by Mr. Fountain. Motion passed unanimously 5 – 0.
Mr. Micale asked if the Town would write a letter to Mass Highway to support the signal changes to improve safety at the signal lights at Route 138 and Carver Street. Mr. Andrade stated that the Planning Board will write a letter in support. Mr. Micale will contact the Board prior to the hearing with Mass. Highway.
Route 44 Bond – Ms. Whalley asked for a vote to release the old surety bond at the Route 44 so that they could obtain a full occupancy permit. Mr. Gallagher explained that Route 44 never got a full occupancy permit due to a punch list of items left undone. Ms. Whalley stated the work had been completed. Mr. Gallagher made a motion to release the surety bond when a Certificate of Occupancy is issued. Motion seconded by Mr. Driscoll. Motion voted unanimously in favor 5 -0.
Chairman Andrade polled the board to go into executive session with Town Counsel, Marc Antine to discuss pending litigation regarding a land use issue on Roger’s Way. Mr. Driscoll, yes; Mr. Fontaine, yes; Mr. Gallagher, yes; Mr. Ellis, yes and Mr. Andrade, yes. Mr. Andrade informed those present that they would be adjourning the Planning Board meeting when the Board came out of Executive Session.
Meeting was adjourned at 8:35 pm.
Respectfully submitted,
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