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Planning Board minutes December 4, 2014
The Raynham Planning Board meeting of Thursday, December 4, 2014, at Raynham Veterans’ Memorial Town Hall, was opened by Chairman Daniel Andrade at 6:0 p.m.

Board members present:~ Daniel Andrade, Burke Fountain, Russell Driscoll

Board members not present:~ Henry Ellis, Christopher Gallagher

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

6:00 p.m. -~ Ron Turowetz, Hyannisport, MA, appeared before the Board, along with his representative Attorney Jack Jacobi, Attleboro, MA, and Dan Aguiar, P.E., Sitec Engineering, to discuss his properties on both Orchard Ave. and Church St./Rte. 44~

Mr. Aguiar presented three potential ‘Orchard Avenue Extension’ subdivision plans along with a potential two-lot waiver-of-frontage plan.  Mr. Aguiar explained that the first plan provides three lots and a drainage lot off a cul-de-sac, but this plan would be cost prohibitive to develop; the second plan provides two lots with no drainage parcel needed and is more feasible; and, the third plan provides two lots using a T/hammerhead access from Orchard Ave. The waiver-of-frontage plan would have two lots directly off Orchard Ave.  During discussion, it was noted there is a 25 ft. elevation to Mr. Turowewtz’s land.~ Mr. Aguiar discussed the existing drainage on Orchard Street, which drains down to the left, and the drainage needs for the new plans.~ Mr. Andrade suggested consulting the Highway Department on drainage issues.

Mr. Aguiar asked if the Board preferred a plan with a cul-de-sac or the waiver-of-frontage plan.~ Mr. Fountain stated he would be happier with two lots but the fire department should be consulted as to which plan they prefer.~ Attorney Jacobi agreed they will check with both the highway and fire departments.~

Mr. Andrade noted there could be up to five houses on Orchard Ave. with the new development.~ Mr. Aguiar noted that at other discussions, the Board was adamant about curbing, granite and upgrades to Orchard Ave with a three-lot subdivision.~ Mr. Fountain stated he liked the T/hammerhead plan but could go with either plan presented.~ Mr. Andrade suggested the applicant’s engineer contact the fire and highway departments to discuss the plans.~ Mr. Aguiar agreed to provide their comments in writing.

During discussion, it was noted more improvements would be needed for a public road versus a private road.~ Mr. Aguiar stated they would prefer to have a paved Town road.~ Attorney Jacobi asked if the Board is receptive to the T schematic plan.~ Mr. Andrade stated yes.

Mr. Turowetz’s Rte. 44/Church Street property was then discussed.~ Mr. Aguiar noted sewer is coming to this area of Raynham soon and Mr. Turowetz is considering an Adult Retirement Community (ARC) plan for the property.~ A 27-lot conventional plan sheet and a 52-lot ARC conceptual plan sheet were presented for discussion.  Mr. Aguiar questioned what percentage of upland would be required with an ARC plan because he did not see that addressed in the by-laws.~ Attorney Jacobi noted the by-laws seem to say an ARC is allowed by special permit in Business or Industrial districts but Sec. 18,4,a., mentions density for an ARC in a residential district so it appears an ARC is a matter of right in a Residential A while by special permit in Business or Industrial.

Mr. Andrade noted he is a direct abutter to this property owned by Mr. Turowetz, but he has no conflict in the issue and asked permission from Mr. Turowetz and Attorney Jacobi to discuss the matter.~ Both Attorney Jacobi and Mr. Turowetz were agreeable to Mr. Andrade being involved in the discussion.

Mr. Andrade noted the property falls within the Marijuana Overlay District, and Attorney Jacobi stated they would put a deed restriction on properties if needed.~ Mr. Andrade questioned if the State would like that being done.~ Attorney Jacobi felt it could be done if there is a private homeowner’s association for the development.~

Mr. Fountain asked if a street would be going onto Rte. 44 and if wetland crossings are needed.~ Mr. Aguiar stated yes on the street and not a lot of wetland crossings.~ There was discussion about there being a market for another ARC.~ Mr. Andrade noted he liked the common land area planned near the Taunton River.~ There was discussion about having an affordability component to the plan.~ Mr. Aguiar agreed to send a letter to the Zoning Enforcement Officer, copied to the Board, regarding any zoning issues of concern.

The buffer requirement per Section 18.11, d., of the zoning by-laws was discussed.~ Attorney Jacobi asked if the Board was inclined to grant a waiver if they felt there was enough screening in place.~ Mr. Fountain noted it would be helpful if the project could help with the number of 40B units the Town needs.~ Mr. Andrade stated the Board will work for what is in the best interest for the Town. ~No action was taken by the Board.

6:42 p.m. – Bassett Knoll Estates public hearing was reconvened.  Mr. Andrade noted Mr. Ellis and Mr. Gallagher are not present tonight and four of five members are needed to vote on the submittal.~ He suggested the applicant could continue to work with Nitsch Engineering on issues.~ Scott Henderson, P.E.,~McKenzie Engineering Group, Norwell, MA, stated progress is being made with Nitsch but the applicant is not prepared to go forward without a full Board present to discuss waivers.~

Mr. Andrade informed that a time-to-act extension for the submittal is needed.~ It was noted December 18th will not be a full meeting for the Board.~ Mr. Harris stated his recent meeting with Nitsch Engineering, the highway superintendent and town planner was productive.~ After discussion, Mr. Harris signed the extension for time-to-act.~ The public hearing was continued to January 15, 2015, 6:10 p.m.

6:48 p.m. – Discussion began with Nick Harris, along with Brad McKenzie, P. E., McKenzie Engineering Group, and Scott Henderson, P. E., McKenzie Engineering, regarding the conventional subdivision plan that was approved in the late 1980’s – early 1990’s for property off Bayberry Road.  The lots were approved, the plan was recorded, and taxes are being paid on the property, but the subdivision was never built.~ It was noted that wetland lines have been delineated on the property.~

Brad McKenzie explained the purpose of this discussion tonight was that Mr. Harris would like the approved Bayberry Road plan to be the basis for moving forward with an open-space plan for the property and then render the conventional plan null and void.~ He noted the need to reconfigure the plan is driven by the wetland lines.~ The length of the dead end road was discussed.~ The older, approved plan has a road length of 1440 feet, but it would be a lesser length for an open-space plan.

Mr. Andrade said he wants to look at the Bayberry Road plan and the Certificate of Action approving it, and a waiver for length of a dead-end street would be needed if anything changes on the approved plan.~

Scott Henderson noted the open-space plan process requires proving that a conventional subdivision plan is possible, and he asked if the applicant could use the older approved plan as that conventional plan.~ Mr. Andrade stated no, the older plan with the wetlands shown on it cannot be used for a new open-space plan.~ Mr. Henderson explained that the applicant may be obtaining an additional five acres nearby that would be incorporated into a new plan, and the added five acres will make up for the wetland issues.

Mr. Andrade stated that prior approvals do not mean anything if a new plan is submitted.~ Mr. Fountain stated they would have to convince the Board that a new open-space plan would be better for the Town. Mr. McKenzie stated he believes the old plan is a sound basis for considering density before proceeding with an open-space plan.~ Mr. Fountain suggested the matter could be sent to the Town’s consultant for review. Mr. Andrade stated the plan will have to be submitted and then it can be looked at by the Board’s engineer.  There was discussion about the 1350 dead-end street length requirement.~

The Board suggested Mr. Harris bring in the approved plan if they are using that as a basis and not a plan showing a possible five acres added.

Mr. Harris asked if the approved plan can be used as a yield plan to design an open-space plan; Mr. Andrade said he didn’t see why not; and, Mr. Fountain said yes except that wetland lines have changed, which could reduce the number of lots.~ Mr. Harris asked that if he went with the old plan and the new wetland line shows that five of the old lots are not buildable, can he move forward with an open-space plan with the remaining lot.~ The road length issue was discussed.

Mr. Harris said he is trying to be more sensitive to the wetland lines but he sees the need to stay with the approved plan and come in with an open-space plan from the approved plan based on the available lots without getting involved in wetland issues.~ Mr. Fountain said the option is to build the old plan as approved or submit a new plan and then move on to an open-space.  He noted that if the old plan shows a road approved at over 1350 feet, then that’s what it is.~ He recommended Mr. Harris check with the zoning enforcement officer on the road length issue.

Brad Harris stated the options are to use the old plan with the wetland issues or submit a new plan with the dead-end road length.  The Board agreed.

7:25 p.m.- Ryan Amusement, Route 44:~ Mike Crowley, Bourne, MA, and contractor Mike Santos, Cotuit, MA, appeared before the Board to discuss proposed changes at Ryan Amusement. The changes include removing the golf course, cleaning up the area and relocating the entrance door.~ Mr. Crowley explained that he was advised by the building department to consult with the Planning Board about the changes to the site.~ During discussion it was noted there is a new fire lane planned because door locations for the bowling alley are changing.~ Mr. Charbonneau noted the relocation of entrances and the fire lane are issues.~ Mr. Santos stated the fire department has signed off on the building permit for the changes.~ The fire lane changes were discussed.  It was noted there could be two-way traffic in that area.  Mr. Andrade noted striping was needed, the large area and length of the lane is a safety concerns and something is needed to slow traffic.

Mr. Andrade said he was okay with the golf course being removed, the handicap parking spaces shown are good, and the change in building façade is good but he sees a need for abbreviated site plan process.~ Mr. Fountain noted it is just a matter of landscaping being done with no changes to the building or business.~ Mr. Crowley stated all construction will be occurring outside, none inside.  It was noted all customers will be using the new front entrance.

The need for a railing along the front walkway was discussed.  Mr. Crowley noted that providing an access into the Jockey Club has not been decided yet.  It was agreed that restriping the restaurant parking lot will be done.

After discussion, the Board agreed that the following items must be done at the site:  1. There shall be a rail along the front walkway with top, middle and bottom rails to keep children from running into the street.~ The rails shall contrast with the blacktop.~ It was noted there could be cobblestone to outline the handicap parking area.~ Applicant shall let the Board know what is being done; 2. Pavement~striping and highlighting shall be done at the walkway; 3. There shall be either bollards or car bumpers by the walkway; and, 4. Restriping shall be done.

Mr. Fountain moved that the proposal does not need abbreviated site plan and the Board will vote on the matter when all the above conditions are completed; second Mr. Driscoll; motion passed 3-0-0.

7:55 p.m. – Carriage Hill Estates:~ The deed for roadway in Carriage Hill Estates, Phase II, was received.~ Release of the remaining funds was discussed.~ The Board agreed that since releasing the fund is an administrative matter, Mr. Driscoll, who previously abstained from Carriage Hill votes, can vote tonight.~ Mr. Andrade moved to release all project accounts to Norwood Bank; second for discussion by Mr. Fountain.~ It was noted the unhealthy trees have been replaced and are okay, and the road was accepted by the Town.~ Vote to release funds was unanimous, 3-0-0.

7:57 p.m. – Carlton Street subdivision plan was received for endorsement.~ The Certificate of Action is shown on the plan.~ The Board signed the plan.

8:02 p.m. – Form A plan for land at Rte. 138 Wal Mart was presented.~ Proper application and fee were received.~ John Kucik, P. E., Bohler Engineering, and Attorney William Rosa, Raynham, MA, were present for Wal Mart.~

Mr. Kucik explained the purposed of the plan is to create sewer pump station lot, which will then be conveyed to the Town, as requested by the Sewer Commission.~ It was noted the owner on the application is Wal Mart Real Estate Business Trust, and Mr. Kucik signed as agent.  Mr. Fountain requested the names and titles of all be printed on the application form, and that was done. ~~Attorney Rosa informed the Board that the easement from Murby to the Town for access the pump station has been recorded.~  

Mr. Andrade moved to approve the Form A for “Plan of Land Prepared for: Wal Mart Real Estate Business Trust, 160 Broadway, Map 7, Lot 13, & A Portion of Lot 4,” Raynham, MA, last revised December 3, 2014; second Mr. Fountain; motion passed 3-0-0.~ The plan was endorsed.

Letter dated~December 1, 2014, was received from Bohler Engineering requesting release of the $300,000 surety being held for the Rte. 138 Wal Mart project.~ The Board discussed that Mr. Gallagher, as Sewer Superintendent, had outstanding issues with the site.  A November 24, 2014 “punch list” of sewer department issues was discussed.

Attorney Rosa explained that the land with the pump station might have ‘loose ends’ but when the Form A plan for that land was recorded, it became separate from the Wal Mart property so Wal Mart project funds can be released, and the sewer department can work with the applicant on the internal issues at the pump station.~ Mr. Andrade read the list of items still to be completed.~ Mr. Fountain suggested having the Board’s consulting engineer sign off on what has been done.~ Attorney Rosa noted the pump has been running and the pump station will not be accepted by the Town until all is done.~ Mr. Kucik stated the remaining items are minor.~ It was noted the request for an as-built plan for the sewer lines is a new request and a comment on the asphalt is new also.~ It was agreed that Wal Mart is obligated to do what the sewer department wants if the pump station is to be accepted~

After discussion, Mr. Andrade moved to issue the final occupancy permit for the Wal Mart building on Rte. 138 and hold the $300,000 surety funds until the Town engineer reviews the punch list and provides the Board with a dollar amount, at which time the Board will vote on releasing funds over the amount needed; second Mr. Fountain; motion passed 3-0-0.~

Attorney Rosa agreed to provide a clean copy of the punch list.~ Attorney Bob Fitzpatrick, representative of Wal Mart, discussed the access easement from Murby that provides access to the pump station.~ Mr. Andrade stated the Board is okay with the access easements provided.

Town Planner update:~ Mr. Charbonneau stated the Board can discuss zoning for Rte. 138 at their January meeting.~

There was no further business and the meeting adjourned at 8:42 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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