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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes December 18, 2014
The Raynham Planning Board meeting of Thursday, December 18, 2014, at Raynham Veterans’ Memorial Town Hall, was opened by Chairman Daniel Andrade at 6:09 p. m.

Board members present:~ Daniel Andrade, Christopher Gallagher, Russell Driscoll

Board members not present:~ Burke Fountain, Henry Ellis

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

6:09 p. m. - Roland Leary, So. Weymouth, MA, appeared before the Board as representative of Melinda Bourque, who owns land on Pine Street (near Carlton Street).~ Also present was Larry Silva, Silva Engineering, Bridgewater, MA.

Mr. Silva discussed that the Board recently approved a subdivision plan on Carlton Street, and Ms. Bourque is now considering what to do with her property.  Mr. Silva noted the owner of the Carlton Street subdivision plan is aware the owners of the Bourque property are approaching the Board to discuss their land.~ Mr. Silva asked if the Board would expect full build out for future development of the Bourque property, which has 300 feet frontage.

Mr. Andrade noted the Board previously asked for an aerial photo of the area to determine the build out potential, and another owner previously indicated she may come before the Board in the future to discuss her land.~ Mr. Andrade noted the drainage for the approved Carlton St. subdivision plan had been scaled back as the Board had been expecting four houses maximum on Carlton Street.

Roadways in the area were discussed.  Mr. Gallagher commented that connecting roadways in the area would be a safety improvement over the current situation although some in the area may not like that happening.~ Mr. Silva noted Pine Street currently is all stone with leather debris mixed in it.~ Mr. Gallagher and Mr. Silva discussed that an intermittent stream in the area could cause issues.

Mr. Andrade stated the Board would be concerned with a dead-end street and would have to look at the situation if more than four houses were planned, and the Board may ask an applicant with new plans to bring the road to Town standards.~ Mr. Andrade noted that the fact that other property owners are showing interest in development in the area indicates that more may need to be done to the roads.

Mr. Silva commented that a road going beyond four lots on Carlton Street may need full build out and connection to Sandy Hill.~ Mr. Andrade noted he would be worried about connection of the roads.~ Mr. Silva said it might be worth talking to the owner of the undeveloped land on Carlton Street before proceeding with new plans.~ No action was taken by the Board.

6:30 p. m. – Discussion with Nick Harris re. Bayberry Road plan was tabled to later in the meeting.
Form A - 252 Britton Street was received.~ The plan proposes to eliminate the interior lot line between Parcels 11 and 12 on Britton Street in order to combine the lots owned by B & D Construction Company.

John Teixeira asked if the two lots are zoned the same.~ He was informed they are now because one of them was rezoned at the last Town Meeting.~ Mr. Gallagher pointed out that the zoning line shown on the plan is wrong and should be changed.~ ~

Mr. Gallagher moved to approve the plan entitled “Approval Not Required Plan 252 Britton Street Raynham, Massachusetts Prepared For B & D Construction East Taunton, MA,” dated December 9, 2014, subject to a new mylar plan being presented with the corrected zoning line shown; second Mr. Driscoll;  motion passed 3-0-0.~ Mr. Gallagher will sign the corrected mylar when it is received.

(6:35 p. m. – Mr. Gallagher left the meeting.)

6:36 p. m. – Bayberry Lane:   Nick Harris, Flake Yard Lane, West Yarmouth, appeared before the Board to discuss property off Bayberry Lane.~ Mr. Harris discussed that he felt he could get 23 lots on an open-space plan by using the lots from the old subdivision plan that approved 29 lots off Bayberry Road.~ He explained that due to aggressive wetlands on the Bayberry Road plan, the number of buildable lots that could be used towards an open-space plan would be reduced to 23.~ He explained he could build the road on the older approved plan by building a bridge to circumvent the wetlands.~ Mr. Harris noted he recently spoke with the Building Commissioner about the dead-end road issue that was of concern to the Board at a recent meeting, and the Commissioner did not see the road as a dead-end.~ He also noted that the five acre parcel that he considered adding to the plan is out of the picture now.

Mr. Andrade asked if Mr. Harris was aware of a previous Board decision denying an open-space plan in this area. ~ Mr. Harris was not, and Mr. Andrade read from the 1998 Certificate of Action (COA) that denied a Bassett Knoll Estates cluster/open-space plan.~ Mr. Andrade noted the concept of an open-space plan is for it to be better for the Town, not just to give better access to land, and that a key factor is cost effectiveness of a plan.~

Mr. Harris stated he is trying to use what is in place now to in order to know what to do in the future.~ Mr. Andrade said that just saying there are 23 lots available towards an open-space plan is not enough information for the Board.~ Mr. Driscoll asked what else the Board would need.~ Mr. Andrade suggested Mr. Harris return when three members are present to decide.~ He noted that if there is a need to build a bridge to go forward with the approved plan, it might be circumventing rules and regulations.~ He said the plan should be about the Town and not an applicant, and an applicant must prove to the Board’s satisfaction that a plan is buildable but the Board cannot decide that until they have enough information.

Mr. Andrade stated Mr. Harris cannot use the prior approval for his benefit to go forward on a cluster plan but he could build the previously approved plan, but current regulations must be met if anything on the approved plan changes.  Mr. Harris commented that even with an open-space plan, he is subject to the dead-end road scenario so he needs to stay with the approved plan and build it.~ It was noted a 53G project review account will be needed for the project if Mr. Harris proceeds to build it out.

There was discussion of the fact that there was no mention in the Bayberry Road COA of a waiver from the dead-end road length.~ The road length shown on the plan was discussed.~ It was noted road length is limited so emergency vehicles can access dwellings in case of emergency.~ Mr. Harris stated the dead-end issue is a ‘dead duck’ but other issues in the COA for the approved plan are manageable.~ He said he received good information tonight, does not see a cluster plan now and will go forward with the old plan after considering the financial feasibilities. No action was taken by the Board.

Town Planner Update:~ Mr. Charbonneau informed the Board that pre-application meetings were held for the B & D Construction warehouse on Britton Street and for Hutch Motor Sports project on Rte. 44.~ Also, the Board of Health agent has met with owners of a restaurant that is considering locating at the old Thai restaurant on Broadway, and the Building Commissioner has been talking with O’Reilly Auto Parts about locating at the site of the auto store on Broadway.

Mr. Charbonneau explained that Highway Superintendent Buckley is not happy with some of the paving work done at King Estates and Mr. Buckley is working with the developer on the matter.~ Mr. Andrade informed Mr. Charbonneau that a request for road acceptance should not be brought to the Board if the project is not 100% acceptable to the Highway Superintendent.

Mr. Charbonneau discussed his letter dated~December 15, 2014, regarding ‘Hotel Public Hearing Comments,’ which he prepared for the Bridgewater Planning Board for their public hearing on a proposed hotel on Rte. 104 in Bridgewater near Raynham’s North Main Street and Elm Street East intersection.~
Mr. Charbonneau explained he talked with Highway Superintendent Buckley and Selectmen Schiavo about Raynham requesting $50,000 mitigation from the hotel project in order to make improvements to the Raynham intersection. Mr. Charbonneau has received an estimate indicating that design and permitting for improvements to the intersection could amount to $50,000.  Mr. Charbonneau informed the Board he conducted a turning count at the intersection of Elm Street East/No. Main St.~ No action taken.

Mr. Andrade thanked all those present along with camera operator Wayne Hadley for all their work throughout the year.

There was no further business and the meeting closed at 7:10 p. m.~

Respectfully submitted,

Christopher J. Gallagher, Clerk

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