The Raynham Planning Board held a meeting on Thursday, June 5, 2014, at Raynham Veterans' Memorial Town Hall. Chairman Andrade opened the meeting at 6:03 p.m.
Board members present: Daniel Andrade, Burke Fountain, Henry Ellis, Christopher Gallagher, Russell Driscoll
Staff present: John Charbonneau, Town Planner, Maureen McKenney, Administrative Assistant
6:00 p. m. – 568 Broadway Form A plan: Attorney William Rounds, Taunton, MA, appeared before the Board on the continued matter of this plan. Letter dated June 4, 2014 was received from Town Counsel Ted Pietnik explaining that the Board may approve the proposed ANR plan regardless of the fact that the lots shown on the plan do not have sufficient frontage; however, the lots created would lose pre-existing, non-conforming status for zoning purposes.
After discussion of the plan and Attorney Pietnik’s letter, Mr. Ellis moved that “Plan of Land in Raynham, Mass. Prepared for John B. & Barbara Mariorenzi,” dated April 21, 2014, prepared by J. Webby consulting LLC, Kingston, MA is accepted as Approval Not Required (ANR) plan; second by Mr. Fountain. Motion passed unanimously (5-0-0)
6:11 p.m. – WAT NMR Temple site plan: Michael Caputo, Project Superintendent, and Brian Mitchell, Project Manager, Consigli Construction, appeared before the Board to discuss the occupancy permit for the South Street East temple. Mr. Andrade noted he drove by the site today and found there were still a few items to complete. Mr. Caputo said the sodding will be done by Saturday. A letter dated June 3, 2014 was received from Consigli Construction stating changes to the plan, such as relocated front sign, deleted island at south entry vestibule, added lighting at main entry columns, and a 20% reduction of plantings due to budget restrictions. The letter also requested a waiver to allow deletion of interior islands and lighting at west parking lot. Mr. Ellis asked if Nitsch Engineering
commented on the waiver request and changes. Mr. Charbonneau stated they deferred to the Board on the waiver matter. Copy of e-mail dated May 16, 2014 was received from Steve Ventresca, Nitsch Engineering, regarding his most recent site inspection.
The Board, Mr. Caputo and Mr. Mitchell discussed the change in lighting. There is sufficient lighting for the entry and the added lights are LED so no additional foot candles are created. It was agreed a final as-built plan will be submitted along with a new photometric plan.
The reduction in plantings was discussed. Mr. Mitchell noted there are still substantial plantings even with the reduction. The Board requested the landscape plan be marked so they can see where the plantings were reduced, and Mr. Mitchell agreed to do so and return with a new plan. Mr. Andrade noted it would be an issue if lesser plantings result in a reduction in screening for abutters. Also, it was agreed the sediment at the bottom of the basin will be cleaned, and Mr. Caputo will provide the Board with a list of contacts at the temple for the Board’s file. Mr. Andrade asked about the two adjacent properties owned by the temple. Mr. Caputo was not sure of any plans but noted the house on one of the lots may be razed. Mr. Andrade stated he does not want to see a junk yard, and
Mr. Caputo stated they are trying to clean up everything.
Mr. Andrade stated there were no issues for the June 11th opening. The Board agreed that tonight they were looking at anything that might be detrimental to the public.
Paula Deegan, South Street East, spoke about traffic problems on South Street East, stating she cannot get out of her property with the police details. Mr. Andrade noted the site is still under construction so this will not be occurring every day. Mrs. Deegan noted a large container was dropped in a neighboring yard, and Mr. Caputo stated that was removed. Mr. Andrade stated if issues arise, they will be addressed.
Douglas King, abutter to the property, spoke of his concern with the issue of green privacy between properties, noting he tried to meet with someone to discuss but was not able to do so. Mr. Caputo suggested he talk to someone at the temple because the contractor is only involved in building construction. Mr. Andrade questioned if the 20% planting reduction will affect screening to the abutting property.
The Board agreed to notify the building department that they are okay with a temporary occupancy permit being issued. The matter was continued to June 19th, 6:05 p.m.
6:45 p.m. – Riverview Meadows: Douglas King, Easton, MA, appeared before the Board to discuss his South Street East/Riverview Meadows property. He submitted letter dated May 5, 2014 regarding Phases II and III of Riverview Meadows. Mr. King noted at a previous meeting the Board suggested he complete the comprehensive permit since it is still valid. Mr. King stated it is his attorney’s opinion, as stated in his attorney’s draft letter dated May 9, 2014, that adding land to the comprehensive permit project is a minor change. Mr. Gallagher noted the Zoning Board of Appeals handles comprehensive permits. After discussion, the Board agreed Mr. King would have to return to the ZBA to make changes to the comprehensive permit and it is up to the ZBA to determine if any change to
the original permit is major or minor.
Alice Roberson, 478 South Street East, asked why Mr. King’s land is being rezoned. She was informed that was not being done. Letter dated April 30, 2014 was received from Mrs. Roberson, informing the Board that Mr. King has not met the conditions of the comprehensive permit involving her property. Mr. King disagreed. Mr. Gallagher suggested Mrs. Roberson speak to the Building Commissioner. Mrs. Roberson said the Building Commissioner told her no permits will be issued until all conditions are satisfied. No action taken by the Board.
6:58 p.m. – Bassett Knoll Estates: Nick Harris informed the Board he is moving forward with the Bassett Knoll Estates Plan and the new engineer will have his stamp of all the plan sheets. The plan being submitted will be the August 2012 plan that was conceptually approved by the Board about 1 ½ years ago although no formal action was taken by the Board on the plan. Mr. Gallagher suggested that Conservation Commission would have to check the wetland line, and Mr. Harris noted the plan shows 64 lots without wetland issues.
Brad McKenzie, McKenzie Engineering, Norwell, MA, addressed the Board and stated the plan will have his name stamp only so that issue is now settled. He stated the ORAD is valid until 2016. Mr. Gallagher noted the 64 lots shown were previously approved by an ANR plan. Mr. Andrade stated if the drainage lot and the wetland line are okay, then the plan should be good. Mr. Fountain stated if Mr. Gallagher is satisfied the ANR lots are okay, he is okay with it. It was noted that Mr. Gallagher prepared the ANR plan several years ago.
After discussion, all Board members agreed the 64 lots as shown are okay and Mr. Harris can proceed with submitting an open-space subdivision plan for Bassett Knoll Estates.
Mr. McKenzie informed the Board that Mr. Harris is contemplating designing a cluster for the nearby 30 lots off Bayberry Road that were previously approved by conventional plan. Mr. Andrade stated he should follow the same procedure as done for Bassett Knoll to determine if an open-space plan can be done. The Board agreed that any modifications to the plan must be made according to applicable regulations.
7:25 p.m. – Form A plan, Judson Street: Dan Aguiar, Sitec Engineering, New Bedford, MA, presented a plan for land adjacent to George Estates. The locus property is being divided to create a buildable house lot. Mr. Aguiar noted a similar plan was approved many years ago but never recorded. After discussion, Mr. Gallagher moved to approve “Approval Not Required Plan of Land 928 Judson Street in Raynham, MA, Prepared for MG Realty Trust,” dated May 16, 2014,” prepared by Sitec, Inc.; second by Mr. Andrade; motion passed 5-0-0. Mr. Gallagher signed the plan.
7:30 – Form A plan, Locust Street: Dan Aguiar, Sitec Engineering, New Bedford, MA, along with applicant Ron Turowetz, presented a proposed plan for property on Locust Street, abutting Rte. 24, for the purpose of creating five buildable and one non-buildable lot. After review of the plan, Mr. Gallagher moved to approve “Approval Not Required Plan of Land Map 9 Lot 213 Locust Street in Raynham, MA Prepared for Hamlin Realty LLC,” by Sitec, Inc., dated May 16, 2014”; motion passed 5-0-0. Mr. Gallagher signed the plan.
Mr. Turowetz asked the Board about a recent by-law approved by Town Meeting restricting use of storage containers. Mr. Andrade explained the new by-law.
7:35 p.m. – Rte. 44 Toyota site plan: matter continued to next meeting at applicant’s request.
7:36 p.m. – Form A plan, 524-534 Broadway: Marty Desjardins of Keller Williams Realty presented the plan and explained that it creates two lots, one for the existing restaurant building and the second for the adjacent house. It was noted the house lot being created does not have sufficient frontage. Mr. Charbonneau explained the house was built in the 1920’s and predates zoning. The Board discussed whether or not an easement is needed to allow restaurant parking on the adjacent house lot. Mr. Fountain suggested the Board could approve the plan and send a letter to the Building Commissioner requesting that no occupancy be allowed until a permanent easement for parking is received. Mr. Gallagher moved to approve “Plan of Land #524 & 534 Broadway in Raynham, Massachusetts
Prepared for Baltic Trust,” by A. F. Borden & Associates, Raynham, MA, dated May 2, 2014,” as an ANR plan with stated condition; second by Mr. Ellis; unanimous vote to approve (5-0-0). Mr. Gallagher signed the plan. (Mr. Fountain left the meeting.)
7:49 p.m. – Wal Mart, Broadway, site plan: Attorney William Rosa, Raynham, MA, appeared before the Board to discuss the occupancy permit for Wal Mart. A project update letter, dated June 3, 2014, was received from Bohler Engineering. Attorney Rosa noted the only issue remaining is the pump house access, and an agreement on an access easement is moving forward. He stated the paving on Route 138 should begin within a week and is expected to take 30 days. Mr. Andrade commented that the new traffic lights have been helpful to drivers.
Store manager Ashley Viverios stated the store is going well and thanked all for their patronage.
It was noted the current temporary occupancy permit for Wal Mart expires on June 11th. Mr. Gallagher informed Attorney Rosa that the Town owns the land on all other pump stations. Attorney Rosa noted that is part of the easement situation being worked out.
Mr. Andrade moved to extend the temporary occupancy permit for an additional 60 days past June 11; second by Mr. Gallagher; motion passed 4-0-0. (Mr. Gallagher left the meeting.)
Town Planner update:
- Mr. Charbonneau is working on a Fall Town Meeting amendment limiting outside banners at businesses to 60 days. Mr. Andrade suggested it should not restrict business too much. Also, he is working on language regarding occupancy permits for condos and phased projects.
- Mr. Charbonneau is working on a use table for the zoning by-laws.
- Steve Ventresca, Nitsch Engineering, Highway Superintendent Roger Stolte and Mr. Charbonneau inspected Partridge Drive, Whippoorwill Estates. Copy of e-mail dated June 5, 2014 was received from Steve Ventresca, Nitsch Engineering, regarding the site inspection. Mr. Charbonneau noted a question arose as to maintenance of the landscape islands, and the developer may ask to reduce the number of trees and shrubs on the island at Partridge Lane for easier maintenance. Mr. Andrade suggested the property deeds be researched to make sure there is nothing to prevent changes in maintenance plan from occurring.
- Rte. 138 traffic count may be done after the Center Street traffic light is installed. Mr. Charbonneau does not believe the traffic has increased since the last count was done.
- The site plan for 442 New State Highway has been withdrawn by the applicant. Mr. Andrade moved to allow the plan to be withdrawn and to return the funds submitted; second by Mr. Ellis; motion passed 3-0-0.
General Business: Minutes of May 15, 2014 were tabled. Request for release of funds for Carriage Hill was tabled due to lack of voting quorum as Mr. Driscoll cannot vote on Carriage Hill matters.
The 1084 Broadway assisted living facility site plan was endorsed.
It was noted the July 3, 2014 Board meeting is cancelled.
There was no further business and the meeting adjourned at 8:15 p.m.
Christopher J. Gallagher, Clerk