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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes April 2, 2015
The Raynham Planning Board held~a meeting on Thursday, April 2, 2015, at Raynham Veterans' Memorial Town Hall.~ Chairman Andrade opened the meeting at 6:00 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. – Jay Zola, Mansfield, MA, appeared before the Board to discuss a proposed subdivision plan on Tearall Road.  Mr. Andrade explained that Mr. Zola was before the Board previously to discuss using frontage on Tearall Road for a subdivision and is willing to make improvements to Tearall Road.  (Mr. Ellis stated he is not participating in the discussion because he has represented the property owners.)   

Mr. Zola noted soil test holes have been dug for a proposed detention area; he has presented a conceptual plan proving that a conventional subdivision can be built; and, he received an e-mail from Mr. Charbonneau stating the Tearall Road frontage can be used for the subdivision.  He asked if he could proceed with an open-space plan at this point.   Mr. Charbonneau stated he researched the Town’s open-space by-law and found there was no language stating this type plan could not be done.  Mr. Gallagher noted the Board in the past has used lots fronting on an existing street as part of a subdivision plan.  

Mr. Andrade asked if six lots could be built on Tearall Road with improvements done.  Mr. Zola stated yes and showed the conceptual plan for the build out.  Mr. Zola asked what waivers from subdivision requirements the Board might consider granting, i.e., granite curbing, sidewalks, underground utilities.  He noted that part of Tearall Road is still dirt and he will be building the road.  

Mr. Andrade asked if Mr. Zola is asking the Board for an open-space plan on Tearall Road with road improvements and drainage planned.  Mr. Zola stated yes, with the above-mentioned waiver requests.   Mr. Andrade noted the legality of the matter was answered, a plan shows the open-space concept can be done, and the Board will be getting input from the Highway Superintendent. The Board agreed Mr. Zola can file a preliminary plan so discussions with the Town and its review engineer can begin.

6:20 p.m. – Bassett Knoll Estates subdivision:  Nick Harris of Global Construction, Scott Henderson and Brad McKenzie of McKenzie Engineering, were present.  Steve Ventresca of Nitsch Engineering was also present.  The following documents were received: letter dated February 5, 2015, from Nitsch Engineering; Traffic Memorandum, dated February 6, 2015, from Nitsch Engineering; letter dated February 12, 2015, from McKenzie Engineering (response to Nitsch Eng. 02/05/15 peer review); letter dated February 12, 2015, from McKenzie Engineering (Waiver Request Letter); letter dated February 13, 2015, from McMahon Transportation Engineers & Planners; e-mail correspondence, dated January 21, 2015, from Edward Buckley to John Charbonneau; letter dated March 3, 2015, from Raynham Center Water District; e-mail dated March 18, 2015, from Pam Silva to Maureen McKenney; letter dated January 15, 2015, from Joanne (Wilson) Kellogg; e-mail dated January 7, 2015, from Scott Henderson to Maureen McKenney; and, draft Locust Street Estimate, dated March 26, 2015, from Steve Ventresca.  
Mr. Henderson stated there have been few revisions to the plan since last seen, and the technical issues of the February 5, 2015, Nitsch letter have been worked out so the waivers are left to be discussed.  It was noted Mr. Ellis would be leaving the Board after the next meeting so the Board hoped to finalize the plan.

Mr. Andrade asked Mr. Ventresca to give an itemized review of his most recent comment letter.   Mr. Ventresca reviewed the Summary section of his February 5th letter, as follows:  the Highway Superintendent has been consulted about the extent of Locust Street improvements and it is an ongoing discussion; Nitsch Engineering recommends that reinforced concrete pipe should be used for drainage as it is the Town standard and a better solution for the roadway, and Nitsch recommends that soil testing be done before construction although the Highway Superintendent is okay with testing as construction is getting under way; the waiver request for sloped curbing has been withdrawn by the applicant along with the waiver requests from concrete pipe and sidewalks on each side.  Mr. Ventresca also summarized the following: the post office prefers a mail kiosk rather than individual boxes; signs are now shown on the plan for the walking trails and parking spaces have been provided; he noted Nitsch calculated the percentage of open space as more than 30% - Mr. Henderson stated there is enough open-space provided; the Board will need to discuss if they feel there is enough landscaping shown on the plan; Nitsch feels an erosion control plan is needed before construction begins; and applicant should provide the Board with any updates from Town boards, departments and commissions if there are any.  

Mr. Andrade noted the police department and fire department had no issues with the subdivision and the Highway Superintendent had no issues but was concerned with curbing and mitigation.  Mr. Gallagher stated he had no issues with the special permit; Mr. Driscoll agreed; Mr. Fountain agreed but was not ready to vote, and the Board agreed.  Waiver request letter, dated February 12, 2015, from McKenzie Engineering, was received.  Mr. Ventresca’s only issue was that regarding item No. 2, sieve analysis, Nitsch prefers testing before construction rather than during.

Waiver requests in McKenzie Engineering letter were discussed.  No. 2:  Mr. Andrade noted that sieve analysis testing done on the day of construction for a large subdivision has not worked in the past.  Mr. Henderson stated the intent is to dig test pits as the roadway is cleared ahead of paving.  It was noted the roadway clearing had already been done for a past approved conventional subdivision, and testing is done by an independent company.  After discussion, it was agreed the testing can be done at the time of construction but must be witnessed by Nitsch Engineering.  

No. 3:  after discussion, it was agreed applicant will provide information for existing trees of 18” or larger at the time of individual lot development, and as each lot goes to the building department for a permit, a copy of the plot plan shall be provided to the Planning Board and each plan is to show a limit of clearing, and if it is 100% cleared, an explanation is needed.  

No. 4:  the Board was agreeable to the waiver request to show all information in black ink.  

No. 5:  the Board was agreeable to allowing erosion and sedimentation control plan 60 days prior to construction.

No. 6:  the Board was agreeable to the waiver request to modify the standard basin detail so it complies with the DEP SMR.

No. 7:  letter is needed from the Raynham Center Water District stating they are agreeable with the request.  

Requests from Board of Health (BOH) drainage regulations were discussed. Mr. Charbonneau noted the BOH agent has no problem with the waiver requests.  The Board was agreeable to the waiver requests.

Mr. Gallagher noted the plan has not been before the Sewer Commission, and he asked the location of the proposed station.  Mr. Henderson pointed it out on the plan, noting they are building a new station in the vicinity of the old station.  A turnaround on Paddock Road was discussed.  Mr. Gallagher noted that at the first meeting, the applicant agreed to provide a turnaround.  After discussion, it was agreed the applicant will construct a turnaround at the Paddock Road cul-de-sac that will provide sufficient access to the sewer pump station for emergency vehicles, and the turnaround will be to the standard of the Bayberry Road turnaround.

Mr. Fountain moved that if the Board approves the open-space permit, the following waivers are approved:  Sec. 7.4.1; Sec., as amended; Sec., as amended; Sec. 7.5.2; Sec. 7.6, as amended to 60 days prior; Sec. 8.3(a); Sec. 8.9 (p).  Also, BOH regulations waived – Sec. III-E; Sec. III-G; Sec. III-J.  Motion seconded by Mr. Driscoll; passed 5-0-0.

Mr. Andrade discussed that currently there is $113,000 being held by the Board for improvements to Locust Street, and most of the funds were received from Whippoorwill Estates.  He noted a full build-out cost was calculated by Nitsch Engineering and Mr. Buckley but the amount was high.  It was noted there is no sewer department work planned but Mr. Harris is repaving Locust Street in the area of five new houses, and that work is being overseen by Highway Superintendent Buckley.  Mr. Andrade suggested the amount of $1,500 per house in Bassett Knoll Estates to go towards Locust Street improvements with the goal to start using funds when this project is ½ to ¾ complete; the Board agreed.  

Mr. Harris stated the project is being sold in three phases and asked if he can pay the amounts at the first phase prior to the start of the second phase.  It was agreed $1,500 per lot will be paid before Phase 2 is under construction.  Mr. Andrade noted he would like the Highway Superintendent to come to a meeting before any funds are used.

Affordable lots were discussed.  Mr. Harris explained that in accordance with Article 14 of the zoning by-laws, he will be donating $300,000 to the Raynham Housing Authority in lieu of creating six affordable lots in the subdivision.  The cost of two lots per phase will be paid at the first building permit for each phase.

Mail kiosks were discussed.  Mr. Harris stated he is opposed as he finds people want individual mail boxes.  The Board noted the post office prefers kiosks.  Mr. Fountain suggested the mail kiosks be required unless applicant provides a letter from the post office stating the individual boxes are acceptable.  It was noted an easement will be needed for a kiosk and a pull-in area for cars will be needed.  It was agreed there will be one kiosk per phase and they will be shown on the plan.

Sidewalks were discussed.  Mr. Harris asked if the Board preferred two sidewalks or one sidewalk with cash contribution.  The Board was agreeable to one sidewalk with cash contribution.  Mr. Ellis suggested the safety issue on each street should be looked at.  The Board agreed they like the idea of providing sidewalk to Pleasant Street.  It was agreed the applicant will work with Nitsch Engineering on layouts for sidewalks and then the plan can be modified later if needed.

The maximum amount of wetlands allowed in the open-space was discussed.  It was noted no waiver is needed and the issue has been satisfactorily explained.  Also, discussed was the need for a landscape plan; it was agreed trees will be shown on the plan.  (Mr. Ellis left the meeting.)

It was noted Phase 1 will be 34 lots, and a phasing plan is needed.  The Board agreed on twenty building permits per year.  

It was agreed an erosion control plan will be provided 60 days prior to construction.

It was agreed there were no new issues to address and the Board agreed on the plan, the waivers and the special permits but the Board must approve the homeowners’ association for ownership of open-space.

Mr. Gallagher noted that the outstanding taxes on this property were recently paid by Mr. Harris.  He explained that the payment of the large amount of outstanding taxes was triggered by Mr. Andrade’s efforts on the matter.

It was agreed the plans will be modified to show the retracted waivers and this can be done after the Board votes.  It was agreed the Board will vote on open-space special permit/subdivision plan, waivers and phasing special permit at the next meeting.  The public hearing was not closed and was continued to April 16th @ 6:20 p.m.  

7:50 p.m. – Hutch Motor Sports/Rte. 44 site plan:  the public hearing was reconvened.  Mr. Fountain recused himself and left the meeting.  Rick Grady, Grady Consulting, and Dave Hutchins, applicant, were present.  The following documents were received:  letter dated March 4, 2015, from Nitsch Engineering; letter dated March 13, 2015, from Hutch Motorsports; letter dated March 18, 2015, from Grady Consulting, LLC, letter (waiver requests) dated March 18, 2015, from Grady Consulting, LLC; letter dated March 31, 2015, from Nitsch Engineering; e-mail dated March 31, 2015, from Steven Ventresca, to Paul Seaberg; letter dated April 1, 2015, from Grady Consulting, LLC; and,  e-mail dated April 1, 2015, from Robert Iafrate to Paul Seaberg.

Mr. Andrade asked if the list of issues has been addressed.  Mr. Ventresca noted his concerns were addressed except for noise mitigation and screening.  Mr. Andrade asked if any neighbors were present; no one responded.  

Mr. Grady explained the business has been in operation for 11 years at a nearby Rte. 44 plaza and is relocating to this 1.1-acre site.  A one-story, slab foundation building with a rear garage door will be constructed.  Sufficient parking spots are shown on the plan.  The front of the building will be retail space, and repairs will be done inside at the rear of the building. A private well will be used for irrigation and Town water and sewer will be provided.  Mr. Gallagher noted a stub is in place and the sewer department will inspect upon construction.  

Deliveries will be made by tractor trailer and there will be no unloading from Rte. 44.  Applicant has filed for an access permit from Mass. DPW.  Mr. Grady described the signage, noting there is one way in and one way out at the entrance.  It was agreed the turning movements do not need to be restricted on Rte. 44.

Screening was discussed.  Mr. Andrade stated he is concerned with noise.  Mr. Hutchins explained the motorbikes are a high-end product and no test driving is done because the bikes are not street legal.

Landscaping is planned around the perimeter of the foundation and porch with grass on the back, side and front.  The tree line is shown on the plan.  There is a fence and evergreen trees on site now and Hutch will construct a mound and add green giant arborvitaes to the mound as screening.  Vegetation will be supplemented at the parking area to the east.  Mr. Gallagher noted the berm shown on the plan is substantial.  Mr. Ventresca noted there are no issues with the signage.  There will be bollards between the porch and pavement.

Mr. Hutchins stated he wants to be courteous to neighbors and has had no complaints at his current site.
Waiver requests were discussed.  It was noted waiver from Sec. 6.8.5 (e) is no longer needed. The Board had no issue with Secs. 6.8.5 (c) and 6.8.5 (d). There was no issue with the waiver from the three-foot wide landscape strip.   Mr. Ventresca noted a test pit for the infiltration system is needed; Mr. Grady agreed.  Mr. Gallagher moved to approve the waivers as read; second Mr. Driscoll; motion passed 3-0-0.    

Mr. Gallagher stated the plan is well detailed, thorough and fantastic.  He moved to approve the site plan “Hutch Motorsports Site Plan #1298 New State Highway (Route 44), Raynham, Massachusetts,” dated January 9, 2015, revised through March 31, 2015, by Grady Consulting LLC; second Mr. Driscoll; motion passed 3-0-0.  

8:16 p.m. – Mr. Andrade left the meeting and Mr. Fountain returned.  Attorney Edmund Brennan, Taunton, MA, appeared before the Board to discuss Riverfront LLC and the Church Street winery property, which has been approved as a TDR plan.  He requested the Board sign the mylar subdivision plan along with the TDR receiving and yield plans.  The Board signed the two TDR plans but the subdivision plan was not signed because the Town Clerk has not yet signed it.

Attorney Brennan informed the Board that Riverfront LLC is in discussion with Wildlands Trust and other entities regarding holding the rights to the restricted open space.  He submitted 3-19-15 draft Declaration of Development Restriction for Riverfront LLC along with notes from M.G.L. regarding agricultural and recreational land uses.  He asked the Board to consider the draft document, noting it should be reviewed by Town Counsel.  

Attorney Brennan will return on April 16th to further discuss and to have the subdivision plan signed.     

There was no further business and the meeting ended at 8:30 p.m.

Christopher J. Gallagher, Clerk

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