The Raynham Planning Board held a meeting on Thursday, April 17, 2014, at Raynham Veterans' Memorial Town Hall. Chairman Daniel Andrade opened the meeting at 6:03 p.m.
Board members present: Daniel Andrade, Burke Fountain, Russell Driscoll
Board members not present: Christopher Gallagher, Henry Ellis
Staff present: John Charbonneau, Director Planning & Community Development; Maureen McKenney, Administrative Assistant
6:03 p. m. – Public hearing for proposed amendments to the Planning Board Site Plan Regulations, Sec. 2.7 and Sec. 2.8, and Subdivision Rules and Regulations, Sec. 7.17.4 and Sec. 12, was opened. Mr. Driscoll read the hearing notice.
Mr. Charbonneau explained that Board felt the 135 % to 200% inflation factor cited in Sec. 7.17.4 is excessive so the amount is being amended to 30% inflation factor. Mr. Andrade noted that in some cases the higher inflation amount could be greater than the amount of cash bond being posted. Mr. Andrade asked if there were any comments or questions. There were none. Mr. Andrade moved to approve the amendment as proposed; second by Mr. Fountain; passed by unanimous vote (3-0-0).
Amendment to Sec.12 was discussed. It was explained that a developer will be responsible for providing deeds for roadways seeking acceptance at Town Meeting, and the deeds must be approved by Town Counsel and recorded at the Registry of Deeds. Mr. Andrade noted there have been problems in the past securing deeds for the roads. He asked if there were comments or questions from anyone present; there were none. Mr. Fountain moved to approve the amendment as proposed; second by Mr. Driscoll; passed by unanimous vote (3-0-0).
Amendments to Site Plan Rules and Regulations, Sec. 2.7 and 2.8 were discussed. Language to establish a threshold for submittal of an abbreviated site plan is proposed along with submittal requirements for the abbreviated plan. Mr. Andrade noted the Board worked with the Building Commissioner on the issue to simplify the process without major cost to an applicant. There were no comments or questions from those present. Mr. Fountain moved to accept the amendments as proposed; second by Mr. Driscoll; motion passed unanimously (3-0-0).
6:15 p.m. – John Gonsalves/Richmond Street Waiver-of-Frontage Plan public hearing was opened. Mr. Driscoll read the hearing notice. Frank Gallagher, P.E., Foxboro, MA, appeared on behalf of owner/ applicant John Gonsalves, also present. Mr. Gallagher explained the 10-acre property is located to the rear of 47 Richmond Street, which is owned by Mr. Gonsalves. A variance and a waiver-of-frontage plan were approved for the property in 2006. A new variance for the property was recently granted to create one buildable lot on the 10 acres with the rear land being deemed unbuildable due to wetlands. Applicant now seeks approval for the new waiver-of-frontage plan. It was noted Mr. Gonsalves will retain ownership of the unbuildable back land.
Mr. Gonsalves spoke briefly regarding the plan.
Mr. Fountain asked who owned the house at 57 Richmond St. Mr. Gallagher said it is owned by Ms. Mello and that abutters were notified of the hearing.
Mr. Andrade discussed that he would like the lot line between 59A and 47 Richmond Street removed from the plan so the back land will not be lost and possibly put in tax title. Mr. Gallagher suggested a Form A plan can be done after the waiver-of-frontage plan is approved. After discussion, it was agreed removal of the lot line can be a condition of approval. Mr. Andrade noted the Building Commissioner should be notified.
There were no further comments or questions. Mr. Fountain moved to approve “Waiver of Frontage Plan of Land in Raynham, MA, Lot 59 Richmond Street” dated02-22-13, prepared by Gallagher Engineering, 4 Windsor Drive, Foxboro, MA 02035 for John Gonsalves, Raynham, MA, subject to Lot 59A being deeded and combined with property having street frontage of John Gonsalves, 47 Richmond Street, and the Board to review the deeds before a building permit is issued, and the deed combining 59A and existing property of John Gonsalves must be recorded before building permit is issued, and this approval also subject to terms and conditions of the Zoning Board of Appeals; second by Mr. Driscoll; motion
passed by unanimous vote (3-0-0). Certificate of Action will be issued.
6:33 p.m. – Public hearing for zoning amendments was opened. Mr. Driscoll read the hearing notice for amendments to Raynham Zoning By-laws, Sec. 3.1, 3.2, 6.1.3, 7.4H (related to registered marijuana dispensary), 6.3 (related to storage containers), 6.11.13 (apiary activities) and Sec. 10 (related to apiary, medical marijuana and storage containers). Mr. Andrade asked if anyone present had any questions or information on the amendments.
Ms. Janelle Holmes, 15 Leonard Street, addressed the Board, noting that the proposed overlay district includes her mother’s property at 43 Leonard Street. She asked the Board if the district could be pushed back so it does not include their property. The district as proposed measures 500 feet off Route 44.
Mrs. Jeanette Holmes, 43 Leonard Street, stated the whole of her property will be affected along with another residence across the street. She noted the neighbor across the street is also concerned but could not be at the meeting tonight.
Mr. Charbonneau explained that any medical marijuana facilities if proposed must be 500 feet back from schools, day care facilities, etc., per state regulations.
Ms. Holmes spoke of issues of concern with the proposed medical marijuana district, such as crime, property values. She stated she felt this is not a responsible location and asked the Board to reconsider the location.
Mr. Andrade explained how multiple areas in town were considered for the overlay district and after many discussions, it was determined this proposed area will be the cleanest with the 500 feet setbacks as proposed. The Board and Mrs. Holmes discussed changing the lines of the overlay district so it will not front on Leonard Street and will only be in the business district. After discussion, it was agreed that the three residential properties will be taken out of the proposed overlay district, and the Planning Board will endorse an amendment to do so at Town Meeting.
Ms. Holmes questioned if the by-law would limit selling a property to a daycare provider. The Board was not sure if the property would be grandfathered but if any daycare site was to locate in the area, permits and approvals would be needed.
Mr. Andrade explained the town’s moratorium to establish an overlay district expires in June and if an overlay district is not created, a medical marijuana facility would be able to locate anywhere in town. Mr. Charbonneau noted the facilities are heavily regulated by the State. Mr. Fountain encouraged the residents to attend Town Meeting to vote.
Mr. Fountain moved to recommend the medical marijuana overlay district as amended and related amendments; second by Mr. Driscoll; motion passed by unanimous vote (3-0-0).
Amendment to Sec. 6.11.13, relating to apiary/beekeeping activities was discussed. Mr. Charbonneau explained the reasons for the amendment, noting there had been a problem with bees being kept in a residential neighborhood too close to a property line, and the amendment will regulate beekeeping by establishing setbacks and locations for hives.
John Grace, 156 Center Street, addressed the Board and stated he was in favor of the proposed beekeeping amendments.
There were no further comments or questions. Mr. Fountain moved to recommend acceptance of amendment to Article 6, Sec. 6.11.13; second by Mr. Driscoll; motion passed by unanimous vote.
Amendments related to storage containers were discussed. Mr. Charbonneau explained that the Building Commissioner proposed this amendment. During discussion it was noted that the use of campers and trailers are prohibited for storage use but moving pods will not be affected by the by-law.
Mr. Fountain moved to recommend the proposed amendment to Sec. 6.3 and Article 10, Definitions, as set forth; second by Mr. Driscoll; motion passed by unanimous vote (3-0-0).
1154 New State Highway, Rte. 44 Toyota reconditioning shop: Kevin Perry appeared before the Board and explained that he is finalizing the reconditioning shop project. A cash bond in excess of $25,000 is being held for the project. Mr. Perry stated that the large stockpile of dirt has been removed from the site and most of the other conditions of approval have been met. He discussed two “garden areas” that are shown on the approved and requested permission to modify the plan by not installing them. The garden areas are not visible from the street. Mr. Perry stated the as-built plan will be redrawn if the garden areas are removed.
After discussion, the Board agreed to have Nitsch Engineering conduct a site inspection, and the only issues to be addressed will be those in a 2005 Nitsch comment letter. The Board will vote on a modification after Nitsch Engineering reports back.
7:12 p.m. – Tearall Road: Chris Marcesselli and Jay Zola appeared before the Board to discuss a possible subdivision off Tearall Road. They presented a conceptual plan showing a six-lot open space subdivision with roadway off Locust Street and an alternative open-space plan with six lots fronting on Tearall Road. Mr. Zola noted if an open-space subdivision is approved there will be four-plus acres of open space given to the Town. It was noted the open-space land does not have to be given to the Town but can be deeded to a homeowners’ association.
There was discussion about whether or not Tearall Road is a public way. Mr. Zola stated they planned to make improvements to upgrade Tearall Road if they can develop the Form A lots.
After discussion, it was agreed that Mr. Marcesselli and Mr. Zola will research the matter and prove to the Board that Tearall Road can be upgraded in order to develop the proposed lots shown on their conceptual plan.
7:25 p.m. – 606 Pleasant Street: Richard and Louise Freeman appeared before the Board to discuss the possibility of subdividing their 5 ¾ acre-property to create a second buildable lot on which to build a home for themselves so their daughter may live in the existing home.
Mr. Andrade advised the Freemans to consult an engineer to draw up a preliminary plan to determine if a conventional subdivision plan is possible. If a conventional subdivision is proven possible, waivers from road construction requirements can be requested. Mr. Fountain suggested an alternative would be to apply to the Board of Appeals for a variance. The Freemans were advised that either way, an engineer is needed to develop a plan. No action was taken.
7:30 p.m. – Wal Mart, Rte. 138, site plan: Attorney William Rosa, 90 New State Highway, Raynham, appeared before the Board to request extension of the temporary occupancy permit for the Rte. 138 Wal Mart, which expires on April 18th. John Kucich, P.E., Bohler Engineering, and Attorney Robert Fitzpatrick, Boston, MA, were also present. It was noted there is a $300,000 bond being held for the project. Mr. Kucich told the Board the sewer department was given a copy of updated plans and the sewer pump house is essentially complete except for a gas line for the backup generator, which will be taken care of soon.
Correspondence dated April 15, 2014 was received from Mr. Kucich, Bohler Engineering, updating the Board on the status of the project.
Mr. Andrade asked if the sewer department will have an access easement on what is now shown on the plan as a construction easement. Attorney Fitzpatrick explained that there is no access easement currently and the scope of the existing easement allows for maintenance and repairs to be done. Mr. Andrade noted the applicant was going to see if the easement could be changed to an access easement so the sewer department can use it for access to the pump station. Attorney Fitzpatrick said he recalled that could be an alternative plan but there has been no discussion with Murby yet about changing the easement. Mr. Andrade noted there should have been access all along. Attorney Fitzpatrick said he is mindful that Mr. Gallagher and the sewer department prefer to have direct access from Rte. 138 but
discussions have not been initiated yet.
Attorney Rosa noted WalMart would like Mr. Gallagher’s ok on the updated plan before proceeding further. Mr. Kucich said he has been working with Mr. Gallagher and does not expect issues but he cannot speak for him tonight. Attorney Rosa said they are looking at all alternatives for access. Mr. Andrade noted the access would be for Town use only.
Attorney Rosa requested a 90-day extension of the temporary occupancy permit. Mr. Fountain stated the pump station is a major issue. Attorney Rosa noted the only issue with the pump station is the gas line to service the backup generator. Mr. Kucich said the State permit to install the gas line is the problem.
Mr. Andrade said he would prefer a 60- or 30-day extension. Mr. Fountain was agreeable to a 30-day extension. Mr. Andrade said the Board will not put Wal Mart in jeopardy of having no occupancy permit. Attorney Fitzpatrick said he appreciated Wal Mart not being put in jeopardy but in reality a 30-day extension would do that. He noted the applicant has obliged the Town, has provided security and requested a longer extension.
After discussion, the Board agreed to a 60-day extension of the temporary occupancy permit with the condition that Wal Mart will update the Town Planner on progress for the May 15th meeting and they will return to the Board in June. Attorney Rosa thanked the Board for their accommodation.
Town Planner update: Mr. Charbonneau informed the Board he is working with the Board of Overseers to have a sign placed on Rte. 24, Exit 13B, for purposes of identifying Raynham.
The Douglas King property, South Street East, was discussed. Mr. Charbonneau stated the approved Riverview Meadows plan indicates the three 40B lots are held separately from the adjacent lot that Mr. King wants to develop with townhouse condos. Mr. King is hoping to work with the Town in order to build the condos, which are not currently allowed in the business zoned area, and he is offering to not construct the final units of his 40B development if the condos can be built. Mr. Fountain stated he wants to know how many school age children, through high school, live in the 40B condo and apartment developments throughout Raynham. Mr. Andrade said he is concerned with changing the zoning on Mr. King’s property to residential. Mr. Fountain felt the residential use could be allowed by special
permit not by a zoning change, and the general concept of housing with no school age children may be better for the Town. Mr. Andrade stated Mr. King should finish the 40B project so the Town’s affordable housing requirement will be met. No action was taken.
Memorandum dated April 11, 2014 regarding 147 South Street West pre-application site plan review was received from Mr. Charbonneau. No action was taken.
8:00 p.m. – Carriage Hill Estates: Attorney Edmund Brennan, Jr., Taunton, MA, appeared before the Board on behalf of Norwood Bank regarding acceptance of Carriage Hill Estates Phase II as a Town road. E-mail dated April 17, 2014, was received from Highway Superintendent Roger Stolte stating he has no issues with the road, and Construction Cost Estimate, dated April 17, 2014, was received from Nitsch Engineering.
Attorney Brennan explained that reseeding was done today, the cleaning and sweeping will be done as a matter of routine before Town Meeting, and the Town is holding a $62,000 cash bond, and the Nitsch Engineering Construction Cost Estimate recommends holding $43,000. Attorney Brennan noted none of the planted trees have died. Mr. Andrade stated the applicant can submit a letter regarding the trees when they request the bond reduction.
Mr. Driscoll noted he cannot speak or vote on this issue. The Board voted two in favor and one abstention to recommend acceptance of Carriage Hill Estates Phase II subject to the items on the Nitsch April 17th correspondence being done.
King Estates: Letter dated April 2, 2014 was received from Town Administrator Buckner requesting the Board’s recommendation on accepting Baron’s Way, Princess Lane and Queen’s Circle, as described, as Town roads. E-mail dated April 17, 2014 was received from Highway Superintendent Roger Stolte stating he has no issues with the road. It was noted the Board has the final as-built plan for King Estates. Nitsch Engineering reviewed the as-built plan in September 2012, and the plan was subsequently revised by Graves Engineering, Worcester, MA. After discussion, the Board voted unanimously to recommend acceptance of King Estates (3-0-0).
Request was received from SRPEDD for the Board to appoint their delegate. Mr. Andrade moved to reappoint Mr. Driscoll; second by Mr. Fountain; motion passed by unanimous vote.
Correspondence dated April 3, 2014 was received from The Commonwealth of Massachusetts Division of Banks informing the Board that Wal Mart has withdrawn their request for a check cashing license at the Rte.138 store.
Mr. Fountain moved to waive the reading and approve the minutes of March 20, 2014 as submitted; second by Mr. Driscoll; motion passed by unanimous vote.
There was no further business and the meeting adjourned at 8:08 p.m.
Raynham Planning Board,
Christopher J. Gallagher, Clerk