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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes May 15, 2014
The Raynham Planning Board held a regularly scheduled meeting on May 15, 2014, at Raynham Veterans’ Memorial Town Hall.  Chairman Daniel Andrade opened the meeting at 6:04 p.m.
Present:   Daniel Andrade, Burke Fountain, Henry Ellis, Christopher Gallagher, Russell Driscoll
Staff present:  John Charbonneau, Town Planner; Maureen McKenney, Administrative Assistant
6:04 p.m. – Form A-685 Broadway:  Matter was continued at the request of Attorney William Rounds, Taunton, MA.  It was noted the Board is awaiting an opinion from Town Counsel on the zoning issues involved with the plan.  Mr. Ellis moved to accept the request and continue to June 5th; second by Mr. Gallagher; motion passed by unanimous vote (5).  
 
6:06 p.m. – NMR Temple-South Street East:  Michael Caputo, Superintendent, Consigli Construction, Milford, MA, and Brian Mitchell, Consigli Construction, appeared before the Board to discuss beginning the process for a final occupancy permit for the temple.  A temporary occupancy permit was issued for the monk’s dormitory section of the temple but the final occupancy is still needed.
Mr. Caputo explained that the project is nearing completion with final paving being done today, striping, signage and landscaping nearing completion, and the front fence still to be done.  The final as-built plan will be sent to Nitsch Engineering next week.  Steve Ventresca of Nitsch will be conducting a site inspection on Friday.  Mr. Andrade requested that all lighting comply with the approved plans so the lighting does not impact passing traffic.   
 
The opening for the temple is set for June 11th with the grand opening ceremony to be June 15th.  Mr. Caputo stated his intent is to have everything done by the Board’s next meeting on June 5th.  
 
Mr. Andrade asked if anyone present had any questions or comments.  Kevin Ellis, South Street East, addressed the Board and noted he spoke to Paul Chappelle at the site today and was told all was going as planned.  Kevin stated the monks are working well with the neighborhood and the Town.  He offered to give Mr. Chappelle’s e-mail address to those who might wish to contact him with questions.  Mr. Andrade suggested that anyone with questions could contact the Planning Board instead so the Board will be aware of any issues.
Paula Deegan, South Street East, spoke and stated she is very concerned with rumors of expansion at the temple.  She asked if Consigli Construction could go on the record regarding future changes at the temple.  Mr. Andrade stated the Board could not put Consigli on the spot like that.  Mrs. Deegan asked if it is correct that few restrictions are put on a religious use.  Mr. Gallagher noted all construction projects must comply with Town regulations, including hearings and notices, and that nothing is done covertly.  Mrs. Deegan stated the building does not fit the fabric of the neighborhood.  Mr. Ellis noted that is subjective.  During discussion, it was noted the temple property is zoned business and that religious use may have latitude but has no right to go past regulations or by-laws.  Mrs. Deegan asked if there were plans for the nearby yellow house.  Mr. Andrade said that is not known.  He stated that anyone with questions about zoning issues could check with the Building Commissioner.  
 
Melinda Castle, South Street East, addressed the Board and stated she is concerned with parking at the site and concerned with extra parking at the nearby white house.  Mr. Andrade explained that parking is allowed on the paved areas and if any other plans are submitted for the site, the abutters will be notified.  Mrs. Castle noted she is concerned with parking and early noise from the site.  Mr. Caputo stated that parking at the nearby house was only temporary while paving was being done and that will end after tomorrow.  Mrs. Castle asked if there will be screening if the white house is used for parking.  Mr. Andrade explained that if anything is proposed, the Board will look at protection for the residents through the rules and regulations.  It was noted there are no plans at the time to widen the road.  Mr. Andrade noted that for normal use, the road can handle traffic.  Mr. Gallagher noted the temple is working with police and fire departments on a plan for traffic.  Mr. Andrade stated there will be a shuttle from Johnson & Johnson parking lot for the two big occasions at the temple.  Mr. Ellis stated the Board does not take issues lightly, and if there are problems, people should come to the Board with their concerns.
6:39 p.m. – Bassett Knoll Estates:  Nick Harris, West Yarmouth, MA, appeared before the Board and stated he is ready to proceed with the Bassett Knoll open space subdivision plan now that title problems have cleared.  He explained that GCG Associates were the original engineers on the project and they have authorized Brad McKenzie (present tonight) to take over the plan.  
 
The Board and Mr. Harris discussed that the previous owner of the property planned to submit Bassett Knoll open space plan but the economy prevented that from happening.  It was noted the preliminary plan for the open space was before the Board but no final action or vote was taken on it.  Mr. Harris explained that Conservation Commission approved a wetland crossing at the site, and, months were spent with the Army Corps of Engineers on the isolated wetland area and roadway issues for the site.  
 
Brad McKenzie, P.E., Longwater Drive, Norwell, MA, addressed the Board and explained that he wants to file the definitive plans with the original engineer’s stamp and if any plan sheets are changed during the approval process, he will stamp those sheets and take responsibility for them.  Mr. Andrade said he had concern with that.  
 
Mr. Gallagher suggested Mr. McKenzie could stamp all the plan sheets and change the title block.  Mr. McKenzie said he would have to review all the plan sheets before doing that.  He stated he would take ownership of any changes and he has permission in writing from CGC to use their stamped plans and will produce a letter from CCG Associates so stating.  Mr. Ellis stated Mr. McKenzie would need to stand behind the whole plan; and, Mr. Andrade agreed.  It was noted this was just the beginning of the process and the definitive plan has not been officially submitted yet.  It was noted that Mr. Harris’ current plan shows 70 lots.  
 
After discussion, the Board agreed they were not comfortable with using two engineer stamps on the plan and they would need to consider the matter further.  The Board requested that Mrs. McKenney provide them with copies of the minutes of the last preliminary hearing held on the Bassett Knoll open space plan to determine if there are any issues that need to be considered.  They advised Mr. Harris that Conservation Commission will need to approve the wetland line.
7:01 p.m. – Public hearing for 147 South St. West site plan was opened and tabled to 7:15 p.m.
7:02 p.m. – Tearall Road:  Chris Marchesselli and Jay Zola appeared before the Board to discuss possible subdivision plan off Tearall Road.  They presented a conceptual plan showing six lots fronting on the road along with language from MGL regarding access to ANR lots.  Mr. Marchesselli and Mr. Zola explained they want to prove that a conventional subdivision plan can be done on the property so they can proceed with an open space plan.  Mr. Gallagher noted there is a high water table in the area so there could be drainage issues.
Mr. Zola pointed out to the Board that the potential open space land is wooded upland.  Mr. Andrade suggested that the men look at previous plans that have been approved with waivers so they can get an idea of what may work on this property.  He noted this proposal is different than others brought before the Board.  The Board agreed that when an actual plan is brought before them, they will address it.  Mr. Andrade stated he would prefer to see Tearall Road improved.  Mr. Fountain suggested that soil samples might be helpful to the Board.  No action was taken.
(Mr. Andrade left the meeting at 7:24 p.m.)
General Business:  Mr. Fountain moved to waive the reading of the May 1, 2014 minutes and accept as submitted; second by Mr. Ellis; motion passed by unanimous vote (4-0-0).
7:26 p.m. – 147 South Street West site plan public hearing was reconvened.  The hearing was a continuance of the hearing of May 1st.  Attorney Edmund Brennan, Taunton, MA, was present as Applicant’s representative along with Paul Patneaude, P.E., and Karen Patneaude, P.E., Earth Services, Taunton, MA.  Project review correspondence, dated May 13, 2014, was received from Beals & Thomas (B & T).  
 
Attorney Brennan noted that B & T and Earth Services are in agreement of many of the issues. He noted that B & T does recommend preserving several trees at the front of the site; however, some of the trees are old and Applicant may need to remove them.  Also, the sight distance at the street is adequate now and Applicant will not interfere with it by adding vegetation.  
Attorney Brennan submitted a proposed draft Certificate of Action, noting the security system and phone system, as discussed at the last meeting, are addressed in the COA.  
 
Mr. Gallagher asked that a note be added to the plan re. double grate catch basin.
 
The trees at the front of the site were discussed.  The Board agreed some of the trees cannot be saved and some would have to be removed for traffic reasons.  It was agreed there will be no additional plantings in the front of the site. It was noted the parking meets zoning by-law requirements.  It was noted there are test pit logs in the submittal package but no building elevations have been prepared yet.
Mr. Fountain asked about street lights being provided, as discussed at the prior hearing.  Mr. Charbonneau stated they could not make TMLP provide street lights.
There were no further comments or questions and the public hearing closed at 7:38 p.m.
The Board discussed waiver requests.  Waivers sought from Raynham Zoning By-laws:  Sec. 5.6 - screening for adjacent residential property; and, Sec. 6.5 – parking closer than 7.5 ft. from a building wall.  Waivers sought from Site Plan Rules and Regulations:  Sec. 5.1.2 – three foot-wide landscaping strip requirement; Sec. 5.1.4 – reduce open space from 25% to 18%; Sec. 5.4 – parking between the building and street layout and to allow two curb cuts instead of one; Sec. 5.6.2 – bituminous concrete curbing and waiver from guardrail requirements; 6.0 – Development Impact Statement; and Sec. 5.3.2.9 – use of infiltrators as a means of mitigating storm water disposal.  After discussion, Mr. Fountain moved to approve the waivers as requested; second by Mr. Driscoll; motion passed three in favor and Mr. Ellis abstaining (3-1-0).
Mr. Fountain moved to approve the “Site Plan 147 South Street West Raynham MA. Owned by Andrade Construction, LLC, Prepared by Earth Services Corporation, Taunton, MA,” dated March 26, 2014, last revised date May 14, 2014, and the lighting plan prepared by RAB Lighting, Northvale NJ, dated 4/28/14 sheets one through three, with all the conditions as cited in the COA; second by Mr. Driscoll; motion passed three in favor and Mr. Ellis abstained (3-1-0).  Final Certificate of Action will be issued.  
 
7:43 p, m. - Church Street Transfer of Development Rights (TDR) receiving plan:  Attorney Edmund Brennan, Taunton, MA, appeared before the Board to discuss the Church Street TDR plan that was approved in November 2008 with 10 lots showing on the yield plan.  
 
Mr. Gallagher stated the sewer department probably provided six stubs per the Form A plan and the stubs may need to be changed before any paving is done because there is a five-year wait to open a road once the pavement is down.  

Attorney Brennan explained that the receiving area for the TDR will be the front Form A lots on Church Street.  There will be nine TDR lots yielded with the frontage provided and once the transfer of the lots is started and one of the 10 TDR certificates is used, i.e.,  by issuance of a building permit, the applicant is locked into the plan.  Attorney Brennan discussed that there will be conservation use on some of the back land abutting the Taunton River.  There will be public access provided to the river with parking and a dock.  
 
Attorney Brennan noted the receiving lots are shown on a Form A plan as this was determined to work the best and the Board must vote to approve the Form A plan as a TDR receiving area.  It was agreed that the Board will vote on the matter and then Attorney Brennan will return with the plan with any corrections needed for endorsement.  There is $200 filing fee for the Form A plan.
Mr. Gallagher moved to approve the area as shown on the plan as a receiving area shown as the nine lots on Church Street on plan entitled “Transfer of Development Rights Receiving Area Plan” by Earth Services, dated March 24, 2014, subject to later approval of a covenant and all other requirements of Article 17 of Raynham Zoning By-laws and rules and regulations pertaining to TDR; second by Mr. Ellis; motion passed unanimously (4-0-0).
Town Planner update:  
 
  • The amended language for the medical marijuana by-law was approved by Town Counsel.  
  • There was a pre-application meeting on May 29th for the 442 New State Highway gas station site plan.
  • The Route 24 signage is being worked on.  
 
General Business:  Carriage Hill request for release of funds –tabled.  Letter re. Riverview Meadows – tabled.
  
There was no further business and the meeting adjourned at 8:20 p.m.

Christopher J. Gallagher


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