Town of Raynham, MA - Planning Board Minutes March 17, 2011

6:05 p.m. - Form A Plan, Carlton Street: Attorney Edmund Brennan, Taunton, MA, appeared on behalf of Sandy Hill Nominee Trust, Joanne Spengler, Trustee. Attorney Brennan noted Larry Silva, P.E., Bridgewater, MA, submitted the plan at the last Board meeting and the Board had issues with whether or not there was sufficient access for the proposed lots. Attorney Brennan noted the two proposed lots are on a “paper” street that was in existence prior to adoption of subdivision control law in 1955 and, as such, may be considered for Form A approval. He noted if the Form A is not approved, he would discuss acceptable options for approval, such as a fully constructed Form C plan or a road improvement plan for the paper street.

Mr. Gallagher stated he visited the site and found that no road exists for the lots and the area is heavily wooded. Mr. Driscoll noted he also viewed the site. Mr. Gallagher discussed that the lots were on a dead end street serving nine lots with no cul-de-sac and currently the only way for a car to turn around at the end of the road is to use a driveway. He submitted aerial photos of the site. He noted he spoke to Building Commissioner Dennis Machado who informed him he would not issue a building permit for the lots even with a signed Form A plan due to lack of frontage on public way. Mr. Gallagher stated he considers the property landlocked; he believes the Form A plan should be denied for lack of adequate access as it exists today.

Attorney Brennan stated the property has certain rights, if not necessarily Form A approval, and the question now is how to develop the property - either by Form C, Form C with waivers or a road improvement plan. Mr. Gallagher noted he does not see the property as being different than landlocked. Mr. Andrade noted the plan shows a 15-foot wide paved road, about the width of a driveway. Attorney Brennan noted the issue is not legal access but rather what is suitable access; he disagreed the property is landlocked. Mr. Gallagher noted a plan can be done if it meets subdivision rules and regulations.

Mr. Fountain noted he has not researched the issue but it appears the property has some rights associated with being on a paper street before subdivision control law was enacted. After discussion, Mr. Fountain suggested Attorney Brennan could submit his argument in writing and the Board could seek opinion from Town Counsel.

Mr. Driscoll said he would say no to the Form A plan as presented due to lack of access. (Mr. Ellis arrived.) Attorney Brennan asked if applicant could withdraw the plan and have the fee returned. Board agreed the fee would not be returned as two meetings have been spent on the plan.

Mr. Gallagher moved to deny the “Plan of Land Site: Assessor's Map 17, Lot 60 Carlton Street Raynham, Massachusetts Prepared For: Sandy Hill Nominee Trust,” dated February 2, 2011, by Silva Engineering Co., Inc., Bridgewater, MA, because, in the Board's opinion, the road lacks sufficient width, suitable grade and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon for the two lots shown; second by Mr. Ellis; Mr. Gallagher moved to amend the motion by adding the words “as the road exists today” after “Carlton Street”; amendment seconded by Mr. Ellis; motion to amend passed by unanimous vote; motion as amended passed by unanimous vote (5).

6:25 p. m. - King Philip Realty Trust, King Philip Street apartments site plan: Letter dated February 22, 2011 received from Jason Youngquist, P.E., Outback Engineering, Middleborough, MA, requesting a minor modification to the 2007 site plan for the King Philip Street apartments and associated garages. Nyles Zager, P. E., Outback Engineering, appeared before the Board with the modified plan. Frank Campbell was present for applicant. Mr. Zager explained that two of the six approved garages have not yet been constructed and applicant seeks to relocate these last two garages elsewhere on site. Mr. Zager reviewed the plan, noting no drainage will be affected by the relocation; Conservation Commission has approved the plan. Mr. Campbell noted the footprints of the garages will not intrude on parking spaces. Mr. Zager assured the Board that the plan is for the relocation of two garages only; no additional buildings are planned.

Mr. Gallagher moved to approve plan entitled “Revised Garage Location Plan 'King Philip Apartment' in Raynham, Massachusetts, dated December 7, 2010, no revision date, by Outback Engineering; second by Mr. Driscoll; motion passed by unanimous vote.

6:30 p. m. - Awais Farms subdivision (located off Bridge Street) public hearing reconvened. Project review correspondence, dated March 17, 2011, was received from Nitsch Engineering. Nyles Zager, P. E., Outback Engineering, Middleborough, MA, appeared before the Board on behalf of applicant and summarized the proposed plan – six lots with associated drainage, road, grading and utilities.

John Schmid addressed the Board, stating that neighbors are concerned with flooding and applicant recently conducted additional soil tests and the test holes support the original test results. He noted soil samples were taken and sieve analysis was done and it was determined the soil is 85% to 95% sand and meets regulation criteria. Mr. Schmid explained that additional topo survey was done in the rear of Bridge Street abutters' properties and stormwater characteristics were identified. Mr. Schmid noted the results supported the residents’ complaints of flooding. He discussed the flooding issue and stated that applicant has since created a swale to direct water from the properties. He noted the swale could be more formalized to better improve the situation if applicant and abutters agree together on a temporary easement. He noted the conditions as presented are better than existing but there is still opportunity to make it better with cooperation.

Mr. Schmid noted the proposed water main has been removed from the subdivision and private wells will be provided. The lots now meet the 60,000 sq. ft. area requirement. Mr. Schmid noted public safety officials should sign off on this because there will not be a hydrant in the subdivision. It was noted the closest hydrant is on Bridge Street. Mr. Ellis asked why water lines were removed. Mr. Gallagher stated the water department said the water mains are not adequate. He noted some towns require water storage tanks to provide adequate fire protection.

Mr. Zager noted there is no formal documentation yet on the water issue from the fire department. He informed the Board he showed Captain Flanagan the plans but he is does not know if Captain Flanagan spoke for the Fire Chief. It was noted there is no letter yet from the water department denying water access. Mr. Andrade asked if it was premature to pull the water lines and Mr. Zager stated there is no requirement to tie into water. Mr. Andrade questioned if money spent may be better served going to the existing lines.

Mr. Ellis questioned if the wells and fire safety issue was reason to deny. The Board agreed it would have to be looked at further. They requested that applicant provide written letter from North Raynham Water District (NRWD) as to the water issue. Mr. Zager stated he spoke to Mr. Bendenelli of NRWD, and he was informed applicant would have to conduct a water impact study but it may be a waste of time.

Mr. Fountain stated the Board might require water for fire protection. Mr. Zager said there is a hydrant on Bridge Street. Mr. Zager noted it should be up to the fire department. The Board agreed they need to hear from the fire department on the issue.

Joseph Cardoso, 42 Bridge Street, addressed the Board and noted when the fire at the previous property occurred the water flow from his house pipes was depleted. Mr. Fountain said a flow test is needed from the fire department. Mr. Andrade stated applicant must provide adequate information on the matter.

Mr. Andrade adjourned the public hearing. He announced Berry Hill public hearing will be continued as requested by Vincent N. Cragin, Esquire, by letter dated March 9, 2011. Board voted unanimously to continue Berry Hill public hearing to April 21, 6:30 p.m.

Mr. Andrade announced the Performance Plus site plan public hearing will be continued at request of applicant (e-mail dated March 17, 2011). Board voted unanimously to continue Performance Plus to April 7, 6:15 p.m.

Public hearing for Awais Farms reconvened. Mr. Andrade noted he received a packet of information (dated February 10, 2011) from Wendy Sidlauskas, Bridge Street, which she also sent to Town Counsel Marc Antine. A copy of letter dated February 10, 2011 to Mr. Fountain from Bridge Street Abutters regarding chain of ownership of the property was received. Mr. Fountain noted the neighbors have concern regarding the zoning variance issue but Town Counsel had provided the Board with an opinion on the matter. After discussion, Mr. Fountain stated he will speak to Attorney Antine regarding the recent packet of information.

Wayne Cardoso, Bridge Street, addressed the Board and spoke about the previous definitive plan submittal, which was withdrawn. Mr. Gallagher briefly summarized what happened with the previous application, noting that abutters had found the variance recorded at the Registry of Deeds.

Fred Chute, 279 Prospect Hill Street, asked if the proposed retention pond needs to be a certain distance from the river. Mr. Gallagher noted Conservation Commission says the river is not a perennial stream so there is no requirement. Mr. Chute noted the culvert runs year round and it was an issue when he built. Mr. Schmid said he did not review the plan for Conservation Commission.

Mr. Schmid discussed the sidewalk, noting it now wraps around both cul-de-sacs. Mr. Schmid asked where the plan stands with Conservation. Mr. Zager stated there is no Order of Conditions for the plan but the wetland line has been approved and the filing extended due to the State's permit extension act.

The Board agreed there were still issues of concern: legal issues - Mr. Fountain will talk to Attorney Antine; issues with the stream and Conservation Commission – Mr. Zager stated it is not an issue with Conservation; water main issue – a letter from NRWD is needed. It was noted the ConCom hearing for Awais is April 6th.

Joseph Cardoso, Bridge Street, addressed the Board. He noted the property was a hazmat site after the fire. He questioned the difference between the finished grade of the proposed road and his property. Mr. Cardoso noted there is an easement encroaching into his property. The Board, Mr. Schmid and Mr. Cardoso discussed whether or not the applicant has a right to a construction easement to build part of the roadway. Mr. Zager agreed to provide further information at the next meeting on the legal issue of the easement.

Mr. Andrade asked if the easement issue will hold up the plan. Mr. Fountain noted it could be an issue if an easement is needed to construct the approved plan but if an easement is not needed, there is no issue. Mr. Andrade noted this issue should be added to the list. Mr. Schmid said he will talk to his surveyors on the matter. Wayne Cardoso noted the burden of the plan is landing on the abutters.

7:25 p. m. - Form A, Church Street: Attorney Edmund Brennan, Taunton, MA, presented a proposed plan creating four lots on Church Street on property owned by First Baptist Church. There are no wetlands on site and a notation is needed on the plan. After review, Mr. Fountain moved to approve “Plan of Land Site: Assessor's Map 18, Lot 18, 494 Church Street Raynham, Massachusetts Prepared for First Baptist Church,” dated February 1, 2011, prepared by Silva Engineering, Co., Inc., Bridgewater, MA,” as an ANR plan subject to the surveyor adding a no wetlands notation; second by Mr. Driscoll; motion passed by unanimous vote (5). Attorney Brennan took the plans and will return to the office for Mr. Gallagher to sign after the note is added.

General Business: Certificate of Action for Berry Hill minor modification was received. Mrs. McKenney explained the requested minor modification to the Berry Hill ARC plan was approved by the Board but a vote had not been taken. Mr. Ellis moved to approve as a minor modification the plan entitled “Modified Definitive Plan of Subdivision of Land in the Town of Raynham, MA Situated Off Pine and Pleasant St.,” dated November 19, 2010, prepared for Raynham Real Estate Holdings Co. LLC, Fall River, MA, by Gallagher Engineering (sheets 1 - 13), Foxborough, MA, with conditions set forth in the Certificate of Action as read; second by Mr. Driscoll. Motion passed four in favor; Chris Gallagher abstained.

Correspondence dated March 14, 2011 was received from Richard S. Cook, Agent for Wat Nawamint-ararachutis Buddhist temple (South Street West), providing a copy of the agreement between the temple and Johnson & Johnson/DePuy for off-site event parking at J & J facility. No action was taken by the Board.

Copy of e-mail correspondence, dated March 11, 2011, from John Schmid to Mrs. McKenney was received. Mr. Schmid asked what scope of review to provide for Ramson Woods definitive plan. Board agreed the access issue has been discussed and a construction cost estimate for completion of Campbell Court has been provided by Nitsch. Board agreed to inform Mr. Schmid that no review of the plan is needed at this time.

Letter dated February 23, 2011 received from Randall Buckner requesting a recommendation on acceptance of Jess Marie Estates (off North Main Street). Site inspection and status update will be requested from Nitsch Engineering; requests will be sent to all departments asking if there are outstanding issues. Highway Superintendent Roger Stolte will be contacted for his opinion on accepting the road before all houses are built.