The Raynham Planning Board held a regular meeting on Thursday, April 7, 2011, at the Raynham Public Library, South Main Street. Chairman Andrade opened the meeting at 6:08 p. m.
Board members present: Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll, Henry Ellis
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
6:08 p.m. - Mr. Andrade noted the Board was meeting in the Raynham library. He discussed that he has been serving on a library committee and that has evolved into greater awareness of how important the library is to the community and his hope that others in the community become more aware of the library and what it has to offer. Mr. Andrade noted he had received donations for the library. The following people were in attendance and presented donations to the library: Sara Andrade, Brian Andrade, Rick Mastria, Steve Gordon. Donations and pledges were received from others: John Noblin, Jockey Club, RMC Construction, Mr. and Mrs. Andrade, Sr., Dan and Laurie Andrade, Steve Parker, Mr. and Mrs. Mastria, Sr.
Mr. Andrade presented the checks to Eden Ferguson, Library Director. Ms. Ferguson thanked Mr. Andrade and the Board and those donating to the library for their “tremendous” contribution. She noted a plaque will be in the library thanking all for their generous contributions.
6:20 p.m. - 81 Brookside Circle: Richard Mastria, Mastria Motors, Raynham, MA, appeared before the Board to request abbreviated site plan review for 81 Brookside Circle. Mr. Mastria explained he is planning to erect a storage building for the automobiles that are currently being kept in a fenced area on the property. He submitted a photo of a building similar to the one he is planning.
Mr. Gallagher noted the proposed building may not need any site plan approval. Mr. Mastria explained that no septic is required for the use, no retail or wholesale sales will be conducted, electric will be the only utility needed and access to the building will be through the rear of the Mastria dealership property.
It was noted the zoning by-laws require site plan approval if a building exceeds 1200 square feet in size. Mr. Mastria stated this building does not exceed that. Mr. Gallagher moved to send Building Commissioner Dennis Machado a letter stating the site plan review for the proposed building is not required under Raynham zoning based on Mr. Mastria's testimony that the building is not over 1200 square feet; second by Mr. Ellis; motion passed by unanimous vote (5).
6:25 p.m. - 1680 Broadway: Lisa Raymond, Decorative Ink, appeared before the Board to discuss proposed business at 1680 Broadway. Mrs. Raymond noted the Board previously approved a site plan to construct a barn on the property but the barn was never constructed, and she now wants to operate a tattoo business in the existing building. She told the Board that no new building is planned and the existing footprint will remain the same; a handicap ramp will be the only addition to the building; adequate parking is available. Mrs. Raymond submitted detail sheets and discussed the interior layout of the building as it relates to her proposed business.
After discussion, Mr. Fountain moved that site plan review is not required for the proposal based on testimony by Lisa Raymond of Decorative Ink, 1680 Broadway, that the only addition will be a handicap ramp and that there is sufficient parking on the existing pavement; second by Mr. Ellis; motion passed by unanimous vote (5). Letter will be sent to the Building Commissioner.
6:33 p.m. - Performance Plus Dog Training Center site plan (Commercial Street): public hearing was reconvened. Nyles Zager, P.E., Outback Engineering, Middleborough, MA, appeared before the Board on behalf of applicant. Also present were Attorney William Rounds, Taunton, MA, and applicant Nancy Droukas. Project review correspondence, dated March 17, 2011 received from Nitsch Engineering; correspondence dated April 5, 2011 received from Nancy Droukas, President, Performance Plus; letter dated March 17, 2011, received from Dennis Machado, Building Commissioner.
Mr. Andrade announced to those present that Awais Farms public hearing would be continued. Mr. Zager noted it was announced at the Conservation Commission (ConCom) hearing the previous night that Awais Farms had requested continuance of their Planning Board hearing, so the abutters were aware.
Performance Plus hearing resumed. Mr. Andrade noted at the previous hearing the applicant was asked to provide information regarding the noise issue. Attorney Rounds addressed the Board and explained that after contacting several firms and receiving proposals to analyze the noise issue, the applicant determined it is cost prohibitive to proceed that way and, even if further study is done, it may not produce conclusive results; therefore, applicant will be mitigating the noise. Attorney Rounds noted a letter, dated March 17, 2011, was received from Building Commissioner Dennis Machado regarding the soundproofing issue and a letter was submitted by Design Concepts of New England explaining that a sound rating of 50 or greater will be achieved at the building by use of insulation and wall barrier.
Attorney Rounds distributed information and a sample of “AcoustiFence,” the product the facility proposes to use on the fence around the outside area. He explained how AcoustiFence works to suppress sounds. He noted there will be some noise outside but there will be only eight dogs outside at one time, they will be with a trainer and they are being trained to socialize without barking uncontrollably. Attorney Rounds pointed out on the plan the areas where the fencing will be located. He noted ConCom is agreeable to the extent of the fencing.
Mr. Ellis asked if it would help to add AcoustiFence material to the building wall. Attorney Rounds explained it was not designed for that purpose but if the installing company advised it can be used that way, they would do so.
Mr. Gallagher asked if the dog relief area was removed from the plan; Mr. Zager stated yes.
Mr. Andrade asked if others present wanted to speak in favor of the plan; no one responded.
Mr. Andrade asked if anyone else wished to speak. William Piche, 139 Richmond Street, addressed the Board and stated this is not the place to put the business, and he felt it would be troublesome.
Mr. Andrade noted Applicant is trying to create a good business. He stated part of the Board's decision could involve having Applicant return to the Board for further consideration of any issues if necessary. Mr. Ellis noted the Board would have a mandatory condition allowing a maximum of eight dogs outside at one time and could require a 90-day review of the noise issue. Mr. Andrade agreed. After discussion, it was agreed the Board would request the Building Department issue only a temporary occupancy permit until it is determined all issues are settled. Mr. Andrade noted if the mitigation is in place up front, the plan can work. Mr. Gallagher noted the dogs are being trained to behave and Applicant has done the necessary research on issues.
Mr. Piche stated he had two issues – noise and dog urine. He asked where the urine would be going. He also asked the Board to consider additional soundproofing.
It was noted the urinal area was removed. Attorney Rounds stated it created too many issues and the dogs will now be going in the exercise area. Mr. Fountain asked if ConCom is okay with that. Attorney Rounds explained ConCom hearing is closed, and the issue was greatly discussed but an Order of Conditions has not been issued yet. He explained the facility will use a biodegradable and antiseptic product to clean the graveled area where the dogs go.
Attorney Edmund Brennan, Taunton, MA, addressed the Board. He was provided a copy of the Building Commissioner's letter. Mr. Andrade read the letter aloud. Attorney Brennan discussed using 4-inch insulation and soundproof board inside the building. Steve Gordon, Kirker Perry Construction, explained there will be an additional wall with sheetrock on the interior of the building and together the building skin, insulation, stud wall and sheetrock will provide an STC rating of 50 or greater. Attorney Brennan requested the Building Commissioner's letter be incorporated as a condition. He stated he hopes the Board approves the project with conditions for hours and supervision of dogs.
Mr. Ellis stated he wanted to see ConCom approve the project first; Mr. Gallagher stated ConCom will not act until the Planning Board does.
Attorney Rounds noted ConCom has the same plan as the Board and they are aware a sound barrier is being added. Attorney Brennan suggested adding a condition for supervising the dogs at night and for a maximum number of overnight dogs. Attorney Rounds noted applicant agreed to amend the number to 15 dogs overnight.
Hours of the day school dogs were discussed. It was agreed 7 a.m. to 6 p.m. was acceptable for one-on-one training. Group class hours were set at 9 a.m. to 9 p.m. to accommodate working clients. Attorney Brennan asked the Board to consider weekend hours.
Conditions No. 7, dogs to be on a leash when outside, and No. 8, all dogs to be attended and managed outside the building, were agreed upon. It was noted no training is to be conducted outside except in the training area.
Applicant Nancy Droukas addressed the Board, noting that when dogs are in training, staff goes out to help them with getting in and out of the car. During discussion, it was noted the number of dogs allowed is covered in the Board of Health permit. Ms. Droukis discussed the number of classes and dogs in a class, noting the maximum number of dogs could be 45 to 50. The Board agreed 50 dogs plus transitional dogs could be a condition and more could be asked for later if needed.
Attorney Rounds asked that the Board place conditions that applicant can work within and noted so far, in general, conditions were okay. Attorney Brennan stated his major concerns are weekend hours and the number of dogs on site.
Susan Peabody, 157 Richmond Street, addressed the Board. She stated the idea of a conditional temporary occupancy permit is an excellent idea.
Mr. Driscoll asked if the kennel license is renewed yearly. Attorney Rounds stated yes. It was noted if there are major issues, the Board of Health/Selectmen can address them during their process.
Mr. Piche commented the issue of the bathroom area for the dogs should be addressed to avoid problems. Mr. Andrade noted it was addressed and will be considered when the Board votes. Mr. Piche felt it will not work, and he wants to be able to live on his property.
After discussion, the Board agreed there was enough information to proceed with a decision. It was noted the property is zoned business. The Board agreed the idea of limiting to a temporary occupancy permit was good. Mr. Ellis read aloud language of the conditions addressing that issues. Attorney Rounds and Attorney Brennan were agreeable to the language. It was noted the kennel license is renewed yearly.
Mr. Gallagher moved to approve the site plan entitled “Performance Plus, A Proposed Business Development in Raynham, Massachusetts,” dated January 14, 2011, last revision date April 5, 2011, and to approve the ten requested waivers on the cover sheet of the plan and with conditions as outlined in Proposed Conditions For Performance Plus Dog Training, Inc., submitted to the Board; second by Mr. Ellis.
During discussion, it was noted Condition No. 9 to require STC of 50 or greater on all exterior walls. It was noted 6 feet high AcoustiFence is shown on the plan, sheets 3 and 6, for sound mitigation. It was questioned if the AcoustiFence should be added to the building. Steve Gordon stated it will not work in that situation and should work as proposed. He noted acoustic panels could be put on the building later if needed.
It was noted Applicant is hoping for occupancy of the site six months after a building permit is issued. It was agreed additional public hearing can be held if the first public hearing is not satisfactory.
Mr. Ellis moved to accept the changes to the conditions as amended; second by Mr. Gallagher; passed by unanimous vote (5). Mr. Ellis moved to accept motion as amended; second by Mr. Gallagher; passed by unanimous vote (5).
7:35 p.m. - Awais Farms (located off Bridge Street): the public hearing was reconvened. Request to continue was received from Nyles Zager, P. E., via e-mail of March 30, 2011. The Board voted unanimously to continue the hearing April 21, 2011, 6:35 p.m. Mr. Zager noted it is possible applicant will request another continuance of that hearing.
7:37 p.m. - Form A, South Street East: Doug King, Easton, MA, appeared before the Board along with Mr. Leslie, Bay Colony Group, to discuss a proposed Form A plan for Mr. King's property adjacent to Riverview Meadows apartment complex on South Street East. Mr. Leslie explained he and Mr. King met with Mrs. Whalley to discuss the plan involving approximately 87 acres owned by Mr. King. He noted Mr. King is working with Nature Conservancy and NRCS to conserve the rear part of the property with the front 21 acres to be held for development.
Mrs. Whalley noted the Town would be agreeable to the acres being conserved but they would like to have a public access easement to the Taunton River Oxbow. Mr. Leslie stated an easement could be conveyed. Mr. King distributed informational packet regarding the proposal, noting there are a lot of pieces to make the plan work. During discussion, it was noted 134 units approved by the Comprehensive Permit on the property will be built. Mr. King will return with the Form A plan when finalized. No action taken.
7:53 p.m. - Jess Marie Estates (located off North Main Street): Developer Michael Peterson, Easton, MA, appeared before the Board to discuss recommendation for acceptance of Jess Marie Estates. Correspondence on the matter received from: Nitsch Engineering, dated April 5, 2011; Highway Department, dated April 7, 2011; Raynham Treasurer/Collector, dated March 13, 2011; e-mail from Conservation Commission office, dated March 30, 2011; Raynham Police Department, dated March 28, 2011; Raynham Fire Department, dated March 31, 2011; Raynham Center Water District, dated April 4, 2011. Mr. Peterson had seen all correspondence except the Highway Department's; he was given a copy.
Mr. Peterson submitted an updated as-built plan. He noted Nitsch Engineering has not yet seen it. Mr. Peterson discussed the police department's concern with the line-of-sight and visibility at the entrance to Jess Marie Estates. He noted the shrubs in question are not on his property; he does not know if it is Town's property or a neighbor's. Mrs. Whalley noted she visited the site and felt there could be a problem with visibility when leaves are on the shrubs. She also submitted a photo she took of the basin area.
Mr. Andrade noted the fire department, treasurer/tax collector and water department have no issues. Mr. Gallagher said the sewer department has no issues. Mr. Peterson stated he did not need to file with Conservation Commission.
Mr. Peterson noted most of Nitsch's comments related to the as-built plan, which has been updated; he will be going through the subdivision to clean prior to Town Meeting. He noted grass seeds are starting to germinate.
Mr. Andrade advised Mr. Peterson to send the new as-built plan to Nitsch Engineering and to take care of other issues such as debris on site. Mr. Peterson agreed to both.
Mr. Fountain moved to recommend acceptance of the roadway at Jess Marie Estates subject to the developer addressing the April 7, 2011 letter from Highway Superintendent and further review by Nitsch Engineering showing the issues of their April 5, 2011 are taken care of; second by Mr. Driscoll; motion passed by unanimous vote (5).
8:10 p.m. - John Pillsbury, Slip's Marina, Raynham, MA, appeared before the Board for determination of site plan review for 747 Hill Street. He submitted a plan detail sheet. Mr. Pillsbury explained he owns the Hill Street property and will be downsizing the Rte. 44 Slip's Marina business and relocating to Hill Street.
Mr. Ellis noted he had to leave the meeting. Mr. Andrade briefly spoke about a letter in the Board's information packet advising members to contact the Town Clerk if there is any potential issue that may fall under the state’s conflict or interest law. (Mr. Ellis left the meeting.)
Mr. Pillsbury continued his explanation of the Hill Street property, noting a portion of the site will be used only for boat repairs; there will not be a retail store on site; the existing tattoo business is leaving. Mr. Pillsbury stated there will be no changes to the building footprint, and the existing residential apartment upstairs will remain.
Mr. Gallagher noted he viewed the site and found more than enough parking; he believes site plan review is not needed.
Mr. Fountain questioned where the boats will be parked. Mr. Pillsbury explained there is a graveled parking area in the rear. It was noted there is a separate parking area for the apartment. Mr. Pillsbury noted there are permits for the fuel tanks currently on site but they will not be used by his business. The Board requested Mr. Pillsbury provide information from the fire department regarding the storage tanks.
The Board suggested Mr. Pillsbury submit a letter fully explaining the proposed use and showing the tenant parking on the plan and the Board will then vote on the matter. Mr. Gallagher suggested the Board vote tonight. Mr. Gallagher moved to approve the proposed plan as no site plan review required contingent on a letter from Mr. Pillsbury regarding the proposed use with a plan showing the tenant parking; second by Mr. Driscoll; motion passed by unanimous vote (4).
General Business: Minutes were tabled to next meeting.
Town Planner update: Mrs. Whalley noted she met with the architect for the Walmart/Rte. 138 project and they discussed issues such as whether or not an overnight trailer could be left on site during construction and if vending machines are allowed in the building. Mrs. Whalley noted she the zoning of the property has changed since site plan was approved and she will be confirming the timeline of the change.
Mr. Andrade thanked Ms. Ferguson and the library for use of the facility. Ms. Ferguson thanked the Board. There was no further business and the meeting adjourned at 8:22 p.m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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