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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes September 5, 2013
The Raynham Planning Board held a meeting on Thursday, September 5, 2013, at Raynham Veterans' Memorial Town Hall.  Chairman Andrade opened the meeting at 6:05 p.m.

Board members present:  Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll

Board members not present:  Henry Ellis

Staff present:  John Charbonneau, Director Planning & Community Development; Maureen McKenney, Administrative Assistant

6:05 p.m. – George Estates:  Developer Joe Arruda appeared before the Board to discuss a bond reduction for George Estates.  Bond Reduction Cost Estimate, dated September 4, 2013, was received from Beals & Thomas, Inc.  

There was discussion of the estimate and whether or not an excess amount was being held.  It was noted the 2013 RS Means was used to calculate the cost amounts.  Mr. Arruda recalled a discussion with the Board during the approval process that he would only need to provide about half the number of street trees because there is wooded area along the subdivision entrance.  Mr. Andrade suggested Mr. Arruda submit a written request requesting a waiver for the number of street trees for the Board to consider.

Mr. Arruda questioned if the fence around the basin is needed.  After discussion, Mr. Andrade suggested that Mr. Arruda provide a letter from Highway Supt. Roger Stolte regarding the need for the fence.  

Mr. Arruda noted that $18,000 was estimated for maintenance and clean-up of the road.  Mr. Andrade said found the subdivision to be spotless when he drove through it.  

The topcoat for the road was discussed.  Mr. Arruda stated the binder was done in 2007 and is showing no signs of stress.  After discussion, it was agreed to wait until next spring to put the topcoat on.  Mr. Andrade noted Beals & Thomas will inspect when the topcoat is being done.  He also informed Mr. Arruda that the Board requires a one-year growth period for the trees before that portion of bond money is returned.  

The Board’s vote on the bond reduction was tabled to September 19th, 6 p.m.

6:23 p.m. – Public hearing for Lot 10 Forge River Park site plan was reconvened.  Todd Pilling, P.E., Brockton, MA, and applicant George Turner, Two T’s Realty Trust, were present.  Mr. Pilling submitted letter dated September 5, 2013 requesting waivers.
The Board and Mr. Pilling discussed the basin and drainage design.  Mr. Pilling noted the original subdivision was designed to handle all the drainage.  The Board requested that a note be placed on the plan verifying that issue.  Mr. Andrade noted a letter dated April 25, 2013 from Highway Superintendent Roger Stolte cited a concern with the type of storm water detention system being proposed.  Mr. Pilling explained he cannot change the design of the basin at this point and there was no room for underground pipes.  It was noted there is clay on site, which will not perk.

It was noted there will be sufficient parking on site.  Mr. Pilling explained there will be a turnaround for emergency vehicle access.  Mr. Andrade requested that a letter be provided from the fire department verifying they have no problem with the proposed turnaround.  Mr. Pilling agreed to get a letter.

Mr. Turner explained that the building will be metal and will be used for storage and small repairs.  Location of the fire hydrant was discussed.  

During discussion it was noted the plan is for site plan purposes only and not for the road.  Mr. Andrade noted the legal issues with road access are out of the Board’s hands.  After discussion Board members agreed they were okay with the improvements proposed on the plan.  Mr. Gallagher noted the Board should determine if the site access is adequate.  Mr. Fountain suggested a statement regarding adequate access should be in the Certificate of Action.  Both Mr. Turner and Mr. Pilling were agreeable to that and felt it might help at the building permit process.  

Mr. Turner asked if the remaining surety funds the Town is holding can be used to make road improvements for this plan.  The Board noted they are getting a legal opinion on the matter.  Mr. Pilling asked if Town Counsel’s opinion on the matter is needed if all other issues are settled.  Mr. Andrade stated the Board would vote.  Mr. Fountain noted there are many issues involved and a definitive answer on the legal issues may not be received.

Mr. Gallagher requested the waivers be listed on the plan.  He noted no waiver from Section 5.1 is needed.  
Mr. Fountain requested the applicant provide a draft Certificate of Action for the Board to consider at the next meeting.  Mr. Turner will have his attorney contact Mr. Fountain to discuss.

(6:45 p.m. – Mr. Gallagher left the Board)

6:46 p.m. – Town of Raynham, Form A plans:  Mr. Gallagher, as superintendent of the Raynham Sewer Commission, presented three Form A plans to the Board.  Application forms were received.  Mr. Fountain noted they were not signed; Mr. Gallagher stated it was not necessary because these were land taking plans, which are needed to create parcels for pump stations.

Mr. Gallagher explained the first plan.  Mr. Fountain then moved to approve “Plan of Property Taking To be Acquired For Proposed Dean Street Pump Station Town of Raynham, Massachusetts (Bristol County),” dated April 1, 2013, prepared by Reed Land Surveying, Inc. Lakeville, MA; second by Mr. Driscoll; motion passed by unanimous vote.  Plan was endorsed.

Mr. Gallagher explained the second plan.  Mr. Fountain then moved to approve “Plan of Property Taking To be Acquired For Proposed Alexandra Drive  Pump Station Town of Raynham, Massachusetts (Bristol County),” dated October 3, 2011, prepared by Reed Land Surveying, Inc. Lakeville, MA; second by Mr. Driscoll; motion passed by unanimous vote.  Plan was endorsed.

Mr. Gallagher explained the third plan.  Mr. Fountain then moved to approve “Plan of Property Taking To be Acquired For Proposed Judson Hollow  Pump Station Town of Raynham, Massachusetts (Bristol County),” dated October 3, 2011, prepared by Reed Land Surveying, Inc. Lakeville, MA; second by Mr. Driscoll; motion passed by unanimous vote.  Plan was endorsed. (Mr. Gallagher returned to the Board.)

6:59 p.m. – Performance Plus site plan:  Attorney William Rounds, Taunton, MA, appeared before the Board to request a temporary occupancy permit for Performance Plus dog training center on Commercial Street.  Applicant/owner Nancy Droukis was present.  Final As-Built Review memo, September 5, 2013, was received from Nitsch Engineering.

Attorney Rounds noted that the Certificate of Action for Performance Plus required that a temporary occupancy permit be issued for 90 days after which time the Board will determine whether or not there are any issues, such as odors or noises, that need to be addressed before a final occupancy permit is granted.  Attorney Rounds informed the Board that an as-built plan was submitted and a site inspection was conducted.  Mr. Andrade stated that if issues do arise, he wants to know of them before the 90 days are up.  He asked that the Board of Health be notified if there are odor problems at the site.
Mr. Charbonneau informed the Board he visited the site and found that overall it looked good.  He noted the parking, basins and dumpster were according to plan and the landscaping was above and beyond the plan.  He said there were some site lights missing, as noted in the Nitsch letter.  It was noted the property owner was informed by her lighting company that the lights that are missing would have been excessive for the site.  Mr. Andrade requested the owner submit a letter stating the site lighting is adequate.  

The street lights were discussed.  Ms. Droukis noted the street lights are not working.  Mr. Andrade suggested calling TMLP if there are problems.  He advised that the street lights should not be used as a factor for the site lighting and that a letter requesting a minor modification may be needed later to address the missing lights.

It was noted a final as-built plan will be submitted for the final occupancy permit.

Mr. Andrade asked if anyone had comments or questions.  Donald McKinnon, Richmond Street, discussed the street lighting.  It was noted the lights on the street are the responsibility of the property owners and they should contact TMLP with concerns.

Mr. McKinnon cited the Certificate of Action regarding disposal of solid dog waste and asked if a special container will be used to contain odor problems.  Ms. Droukis explained how the waste is handled, noting she has not had any problems during her 7 years in business.  Mr. McKinnon stated the number of dogs differed at this location. Attorney Rounds noted it was in the owner’s best interest to handle the issue properly.

Mr. Gallagher moved that based on the Nitsch correspondence and on the town planner’s site walk, the Board authorize the building department to issue a temporary occupancy permit for Performance Plus dog training center; second by Mr. Fountain.  Board members agreed the lighting issue can be addressed at the time of the final occupancy permit.  Motion passed by unanimous vote.  Mr. Charbonneau will forward a letter to the building department.

Town Planner update:  

§      Draft of the medical marijuana treatment center by-law was submitted by Mr. Charbonneau. He explained he met with the town administrator, police chief and board of health to discuss the by-law.  Mr. Charbonneau noted that some of the language in the proposed by-law reflects language in the state’s regulations for the treatment centers.  The Board and Mr. Charbonneau discussed that the Town’s by-law addresses zoning regulations not addressed by state regulations.  The by-law proposes the  treatment centers may be allowed by special permit in an industrial zone.  Setback distances from residential districts, schools and churches were discussed.  The by-law will be discussed further at the next meeting.

§      Route 138 Wal Mart:  Mr. Charbonneau informed the Board that Wal Mart is fitting out the grocery section of the store and this is not prohibited by the Certificate of Action. He noted there have been setbacks during construction due to soil contamination problems.  The Board and Mr. Charbonneau discussed the traffic lights required by the Certificate of Action.       

§      Mr. Charbonneau discussed the street trees at King Estates.  Planting of the trees is one of the last items left to complete the subdivision.  He noted Roger Stolte suggested that the homeowners involved should be consulted about placement of the trees.  Mr. Andrade suggested confirming with the bond company that there are funds remaining for the trees.

§      Route 138 zoning study:  Mr. Charbonneau informed the Board that he spoke with Grant King of SRPEDD regarding the zoning study, and he will be proceeding with getting the committee together.  Mr. Charbonneau will meet next week with one or two of the committee members, at their request, to discuss their concerns with Rte. 138.  Mr. Andrade said he is ready to move forward with the Rte. 138 zoning and have the committee pick up where they left off last year.  

General Business:  

§      Mr. Fountain moved to waive the reading and approve the minutes of August 15, 2013; second by Mr. Gallagher; motion passed by unanimous vote.  (Mr. Gallagher left the meeting.)

§      Environmental Notification Form for Raynham Park Casino was received from Nitsch Engineering.  No action taken.

§      2014 Municipal Assistance Request form was received from SRPEDD.  Mr. Charbonneau will look into the matter.

§      Letter dated August 23, 2013 regarding the FEMA flood maps was received.  Mr. Charbonneau will be attending a seminar on the issue next week.

There was no further business and the meeting adjourned at 7:46 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

Town of Raynham 558 South Main St., Raynham, MA 02767
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