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Planning Board minutes April 16, 2015
The Raynham Planning Board held~its regularly scheduled meeting on Thursday, April 16, 2015, 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 and Russell Driscoll

Board members not present:~ Christopher Gallagher

Staff present:~ John Charbonneau, Town Planner, Maureen McKenney, Administrative Assistant

6:10 p. m. – Mr. Andrade opened the meeting.~ He noted it is Mr. Ellis’ last meeting tonight because after 27 years on the Planning Board, Mr. Ellis chose not to seek reelection.~ Marie Smith and Joseph Pacheco were present on behalf of the Board of Selectmen and presented Mr. Ellis with a plaque commemorating his years of service to the Town.~ Mrs. Smith thanked Mr. Ellis, noting he always worked in the best interest of the Town.~ Mr. Pacheco agreed and also conveyed well wishes from the third Selectman, Dick Schiavo, who could not be present tonight.~ Mr. Andrade presented Mr. Ellis with a plaque from fellow Planning Board members, also thanking him for his 27 years of service.~

Mr. Ellis spoke, thanking everyone and noting the Board has always acted professionally over the years and he will miss all.

6:17 p.m. – Hutch Motor Sports site plan:~ Certificate of Action (COA) was presented for approval and endorsement.~ The COA was signed by Mr. Andrade.

6:21 p.m. – Zoning Amendments:  the public hearing was opened.~ Mr. Fountain read the public hearing notice for the amendment to Sec.~6.6.9 F.~ Building Commissioner Bob Iafrate, who is sponsoring the amendment, addressed the Board in support of the amendment, which changes the language for temporary signs.  The by-law proposes to allow temporary signs up to 20 sq. ft., one sign per business to be displayed no more than 180 days per calendar year, and signs may have a lesser setback than the current 20 feet.  Mr. Iafrate noted many businesses would like the opportunity to put up temporary signs and this amendment will be business-friendly.~ ~

There were no questions or comments from others present.~ Mr. Fountain moved to recommend approval of the by-law to Town Meeting; second Mr. Andrade; motion passed 4-0-0.

Mr. Fountain read the public hearing language for the amendment to Sec. 7.4 H.~ Mr. Charbonneau explained this is a ‘housekeeping’ matter that is needed because it was found that the medical marijuana by-law was wrongly located in the Adult Use District section of the by-laws and the amendment moves the language to its proper alphabetical order.~ It was noted that the medical marijuana by-law was already approved by the Town, the footprint of the medical marijuana district is not changing and this amendment is related to the proper location of the language within the by-laws; however, there is language being added stating any registered marijuana dispensary shall be located within the medical marijuana overlay district.~ There were no comments or questions from those present.~ Mr. Fountain moved to recommend the amendment to Town Meeting; second Mr. Driscoll; motion passed 4-0-0.

Mr. Fountain read the language for the amendment to Section~3.3.~ Mr. Charbonneau explained that FEMA has amended the flood insurance maps and towns are being asked to adopt the new dates for the maps.~ He noted that Raynham boards and commissions are aware of the new maps and language, and the maps are a product of FEMA, not the Town.~ Mr. Charbonneau read into the record an e-mail, dated April 16, 2015, from Kevin Moreira, vice chair of Raynham Conservation Commission, regarding FEMA flood maps.~ E-mail, dated March 23, 2015, was received from Colleen Bailey re. FEMA flood maps. ~Building Commissioner Iafrate told the Board he has the flood map information.~ There were no further comments or questions on the amendment from those present.~ Mr. Fountain moved to recommend the amendment to Town Meeting; second Mr. Driscoll; motion passed 4-0-0.~ It was noted that the amendments to Article 8 are part of the same warrant article as the amendments to Article 3 (maps).

6:37 p.m. – All American Assisted Living facility site plan:~ John Oguzturk, appeared before the Board seeking approval of a temporary occupancy permit for the new facility.~ Construction Cost Estimate, dated April 15, 2015, was received from Nitsch Engineering.~ Mr. Andrade noted the estimate was for a substantial amount, $301,316.~ Mr. Andrade asked Building Commissioner Iafrate if he was okay with a temporary occupancy being issued.~ Mr. Iafrate explained most of the remaining work is outside the building and the building interior, including life-safety issues, are pretty much in place.~ He noted he will be inspecting again next week so there is time to complete outstanding work items.~

Mr. Oguzturk stated that most of the work has been done recently.~ Mr. Charbonneau disagreed, noting he saw the site today and items such as basins, slopes, sidewalks, handicap landings and a number of other issues were not done.~ Mr. Ellis noted the safety issues are of concern; Mr. Fountain agreed.~

Mr. Oguzturk informed the Board they are hoping for a May 9th occupancy date.~ Mr. Iafrate suggested another inspection be done a couple of days before that date.~ He noted that fire and life-safety issues are “squared away.”~ Mr. Fountain stated he would be willing to have a special meeting in two weeks, if needed, to approve a temporary occupancy but he is not voting on occupancy now.~ Mr. Ellis agreed.~

It was agreed the Board is not ready to sign off on the temporary occupancy permit.~ Mr. Oguzturk was advised to stay in contact with the planning department and the building department; he agreed.  He noted the fire department signed off today on the testing.~ Nitsch Engineering will be advised of the status of the project.

6:48 p.m. – Colbea/Shell station site plan (Rte. 44 and South St. West) was reconvened.~ Letter dated, April 14, 2015, was received from project manager C. Anthony Fruchtl, Ayoub Engineering, requesting a continuance of the hearing to May 7th at 6:15 p.m.~ The Board continued to that date.~ No testimony taken.

6:50 p.m. – Bassett Knoll Estates public hearing was reconvened.~ Brad McKenzie, McKenzie Engineering, and Nick Harris, Global Construction, were present.~ Correspondence received:~ e-mail, dated April 13, 2015, from Raynham police department, informing that Global Construction has paid their balance with the department in full; draft construction cost estimate, from Steven Ventresca, for one sidewalk on Locust Street.

Mr. Andrade noted the public hearing was not yet closed and three draft Certificates of Action (COA) have been prepared for the plan.~ Mr. Charbonneau explained that he eliminated language from the COAs that would allow house foundation permits to be issued before lots are released.~ Mr. Fountain noted sidewalks are still an issue to be addressed, noting $75,000 is the equivalent of constructing one sidewalk in the subdivision. Mr. Andrade discussed that constructing a sidewalk on Locust Street could be considered as an option rather than the contribution of funds.~ It was noted that one sidewalk is shown on the subdivision plan now although a waiver request to allow only one sidewalk has been withdrawn; therefore, a minor modification may be needed if two sidewalks are provided.~ Mr. Harris stated he preferred having two sidewalks.~ Mr. McKenzie noted three waiver requests were withdrawn:~ plastic piping, sidewalks and granite curbing. ~It was noted all changes to the plan will be subject to Nitsch Engineering review.~ After discussion, it was agreed that during the appeal period, Mr. Harris can decide how to proceed on the sidewalks.~

Mr. Andrade discussed that the goal is a sidewalk being provided from the subdivision to Locust Street rather than cash equivalent.~ Mr. Harris stated he could provide $50,000 in lieu of the sidewalk if agreeable with the Board. After discussion, it was agreed that $75,000 sidewalk funds per the Nitsch estimate can be negotiable but that cost number will be used for purposes of the COA.

Mr. McKenzie discussed changing wording in Conditions 1 and 7 of the open space COA to clarify.~ The Board was agreeable.~ He discussed that Condition No. 27 should be clarified that no designated drainage basins are in the open space, and wording regarding “enter the open space…” was deleted.~~

Mr. Andrade asked if anyone had questions.~ Joanne Kellogg, Locust Street, addressed the Board and questioned if the plan being approved is conventional or cluster.~ Mr. Andrade explained the Board is voting to allow a cluster subdivision, then a definitive plan for the cluster plan and then a special permit to allow phasing.~ Mrs. Kellogg asked how the plan is beneficial to the Town of Raynham, noting that as an abutter, she is not pleased.~ Mr. Andrade discussed that cluster plans can be better for the Town because there is open space left, there is less roadway built.~ He noted the taxes on an open space development do not reduce tax revenue to the Town.~ Mrs. Kellogg said she was informed by the tax collector that taxes go up when new houses are built.~ Mr. Andrade stated that may not be true, but the Board cannot control or restrict growth.~ Mrs. Kellogg questioned why all space has to have a house on it.~ Mr. Ellis noted the applicant could build a conventional subdivision if he wished, but the Board feels the cluster plan is better.~ He noted it is up to the Town to control growth through zoning.~ Mrs. Kellogg asked about the sidewalks to be provided.~ Mr. Andrade explained the developer will be deciding where to build the sidewalks.~ Mrs. Kellogg stated there are safety issues that are not getting better and the plan is not good for the Town.~ Mr. Andrade noted the Board is trying to get improvements for Locust Street.

There were no further comments from others.~ The public hearing was closed at 7:25 p.m.

Mr. Fountain stated the matter was well discussed.  He moved to approve the open space special permit subject to terms in discussions and the proposed Certificate of Action as amended by discussion tonight; second Mr. Driscoll; motion passed 4-0-0.

The draft definitive subdivision COA was discussed.~ It was agreed to change the wording on condition No. 1 and to use the same wording on No. 3 to reference all three COAs: ‘This COA is hereby approved in conjunction with COA for the special permit for the open space preservation development and the special permit for subdivision phasing.’  No. 1 was further amended to clarify the COAs referenced.~ There was discussion about the fact that there exists an old approved plan for this property that is still valid and whether or not this new approval supersedes the older approval.~ Mr. Fountain noted that a conveyance attorney would prefer to see the old approval gone.~ Lee Castignetti, attorney for Long Built Homes, spoke on the matter.~ Mr. McKenzie noted he did not want the older subdivision voided until the new plan was in place.~ Mr. Fountain suggested adding language regarding voiding of the previously-approved subdivision; after discussion, the language was agreed upon by all.~~~

It was agreed to change the wording of Nos. 3 and No. 10 to mimic No. 1, and to remove wording that was repetitive.~ Condition No. 35 – the number $75,000 was added.~ Condition No. 18 - easements were discussed.  Condition No. 31 – wording regarding the basins was discussed and amended.~~

Mr. Harris discussed No. 28, noting that if a trench is left open up to two days, it could be hazardous.~ He asked if he could take movies to meet that condition; the Board stated no.~ It was agreed Mr. Harris will give the planning department and highway department notice of when the trenches will be dug so that timely inspection can be done, and it was agreed this issue could further be worked out during pre-construction meetings.~ The Board agreed they do not want the trenches left open.

The Board and Mr. McKenzie discussed the issues still to be added to the plan: sidewalks, curbing, mail kiosks, piping, sign detail and the COAs on the plan sheets.  It was discussed what sheets will be recorded at the Registry of Deeds.~

Mr. Fountain moved to approve the plan entitled Bassett Knoll Estates Definitive Subdivision Plan in Raynham, Massachusetts, dated September 11, 2014, with changes through revision date December 19, 2014, prepared by McKenzie Engineering Group, Norwell, MA, subject to the proposed Certificate of Action as reviewed by the Board; specifically, with changes to be made relative to pipes, vertical granite curbing, mail kiosks and sidewalks on both sides, as what is not now shown on the plan.

Mr. Charbonneau stated he has to look back to see if there were other issues or comments from the highway superintendent.~ Mr. Andrade noted there was reference to Mr. Buckley during the hearing so the COAs should have reflected that.~ Mr. Charbonneau noted there may be things not added to the plan.~ Mr. Ellis stated that the COA controls, and the plans should be updated to reflect the COA as approved by the Board.~ Mr. McKenzie noted there was a detail that was of concern to the highway superintendent when there were waivers requested but there are no longer any waiver requests.  Mr. Charbonneau said he would have to look back.~~~~

Mr. Driscoll then seconded Mr. Fountain’s motion to approve; motion passed 4-0-0.

Mr. Andrade told Mr. Charbonneau to advise the Board first of any changes; Mr. Charbonneau agreed.

Mr. Fountain moved to approve the special permit for subdivision phasing as set forth on the proposed Certificate of Action, with no language change, to allow 20 lots per phase; second Mr. Ellis.~ Mr. Ellis asked how the phases will be completed.~ Attorney Castignetti discussed that there could be 20 homes over 12 months if building permit conditions are met.~ Mr. Andrade said completion has to do with infrastructure.~ Mr. McKenzie noted if infrastructure is okay there could be lot releases, and he suggested removing language regarding completion of phases.~ Mr. Harris suggested having infrastructure and binder in place per phase and then subject to 12 months.~ After discussion, it was agreed the language would be amended to allow 20 building permits within a 12-month period.~
Mr. Fountain moved to amend and use the wording per the town planner; second Mr. Ellis; motion to amend passed 4-0-0.~

Mr. Fountain moved to approve the motion for the phasing special permit as amended; second Mr. Driscoll; motion passed 4-0-0.

8:08 p.m. – General business:~ John Teixeira, First Street, addressed the Board and asked about the Judson Street Form A that was on the agenda~ He was informed the applicant requested the plan be taken off tonight’s agenda.

Town Planner update:~ Mr. Charbonneau and the Board discussed how to proceed with the Route 138 rezoning issue.~ It was agreed that discussions on the matter will be scheduled on meetings weeks with a light agenda of three items or less.

Mr. Charbonneau submitted memo, dated April16, 2015, for amendment to Adult Retirement Community by-law.~ It was agreed the Board will consider the matter and discuss at a later meeting.

Mr. Charbonneau informed the Board he and the Building Commissioner are meeting next week with the owner of a propane gas business to discuss a possible location of the business on Route 44 in the vicinity of the Wendy’s site.~

Minutes:~ Mr. Fountain moved to waive the reading and accept the minutes of April 2, 2015; second Mr. Driscoll; motion passed 4-0-0.

Copy of letter dated April 8, 2015, from Conservation Commission to Board of Selectmen, regarding lots at Carriage Hill Estates.~ It was noted Norwood Bank proposed to gift the parcels in question to the Town; however, the ConCom voted to recommend the land gift not be accepted.~ The matter will not be going before Town meeting so there was no action taken by the Board.

Mr. Andrade thanked Mr. Ellis for his years on the Board and all his work on behalf of the Board.~ Mr. Ellis thanked all as well.

There was no further business and the meeting adjourned at 8:26 p.m.~

Christopher J. Gallagher, Clerk


 
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