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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes June 4, 2015
The Raynham Planning Board held~a regularly scheduled meeting on Thursday, June 4, 2015, at Raynham Veterans' Memorial Town Hall.~ Chairman Andrade opened the meeting at 6:00 p.m.

Board members present:~ Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll and John Teixeira

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

6:00 p.m. – Form A plan, 1651 New State Highway:  Brian Dunn, MBL Land Development & Permitting Corp., Easton, MA, presented a plan for Metro Motors that changes lot lines for the Metro dealerships in order to add square footage to the VW dealership to meet relicensing requirements.  

Mr. Andrade asked if the cross property and utility easements for the dealerships will be impacted by the changes on the Form A plan.  Mr. Dunn explained that neither of the easements will be affected.  

Upon questioning by the Board, Mr. Dunn explained that the new parcels will be under the same ownership.  During discussion, Mr. Gallagher questioned if the buildings meet zoning requirements; it was determined they conform.  

Mr. Fountain discussed the need for cross easements if the lots are no longer held in common ownership.  He requested a note be added to the plan stating that if ownership changes, there must be cross easements for the parcels.  He also noted the title reference on the plan has the wrong county so that should be corrected.   

Mr. Fountain moved to approve “Form A-Plan of Land In Raynham, MA Metro Ford-Kia-VW Assessors’ Map 16, Parcel 55-8, 55-7, 56, 57, 58 & 55-1,” dated June 2, 2015, as an ANR plan subject to the corrections discussed; second by Mr. Teixeira;  motion to approve unanimous (5-0-0).   Mr. Driscoll will endorse the corrected plan when it is submitted to the office.

6:16 p.m. – Form A plan for Pine Street and the public hearing for Doe Run were tabled to later in the meeting due to the fact that Mr. Gallagher will be abstaining from both matters.

6:19 p.m. – Colbea/442 New State Highway/Shell station site plan public hearing was reconvened.  Alan Micale, P.E., Ayoub Engineering, Pawtucket, RI, was present along with Angelo Ryuo, Colbea Enterprises.  Project comment letter, dated June 4, 2015, was received from Nitsch Engineering.  Mr. Micale explained that since the last meeting, applicant has met with fire and sewer departments to discuss the plan and that most of the issues on the Nitsch correspondence have been addressed.  He explained that the stormwater design is the best possible due to shallow ground water.  

Mr. Charbonneau informed the Board the applicant met with the police department and the town’s IT coordinator and it was agreed that the police department will provide cameras for installation on Colbea’s property.  The police department will maintain the cameras, and the camera for the intersection will be installed by the Town.  Mr. Micale stated Colbea is okay with the agreement and liability issues.  It was agreed this issue can be a condition of approval.~Mr. Ruo discussed that he was at the meeting with the~IT coordinator and it was agreed that a specific type of camera will be installed.~ He was amenable to providing an agreement on this matter as a~condition of project approval.

Waiver requests were discussed.  The Board was agreeable to waivers from Secs. 4.14; 4.22; 5.1.2; 5.1.4.  Sec. 5.1.5 – quantity of trees will be provided but they will be on the perimeter of the site and not on the islands.  Mr. Micale stated there will be no sight line issues.  Sec. 5.4 – bumpers will be provided; no bollards.  The Board was also agreeable waivers from Secs. 5.7.2; 5.7.3; 5.7.6.  It was noted the waiver from Sec. 5.6.2 was removed due to car stops being provided.  

Mr. Fountain had a question regarding the waiver from Sec. 5.7.6.  Mr. Micale explained they are asking for a waiver because the plan will match the existing grades and there is very minimal grade change across the site.

There were no further comments or questions.  Mr. Gallagher moved to approve the waivers as requested; second Mr. Fountain; unanimous vote to approve (5-0-0).

Mr. Gallagher moved to approve the site plan entitled “Site Improvement Plans, 442 new State Highway, Raynham, MA,” prepared by Ayoub Engineering, last revised June 1, 2015; Mr. Fountain second for discussion.  It was agreed that approval is subject to a condition that the applicant and Town emergency services agree, with a written document, on placement and installation of cameras for safe viewing of the intersection; proper permits shall be in place; and, when new lighting is installed, a plan shall be submitted and if spillover is shown, it shall be corrected.  Motion to approve with conditions passed 5-0-0.

6:40 p.m. - All American Assisted Living facility:  Attorney Edmund Brennan, Taunton, MA, appeared before the Board on behalf of Kaplan Development Company, to request a reduction in the $127,000 cash bond being held for the plan.  Construction Cost Estimate, dated June 2, 2015, was received from Nitsch Engineering.  Nitsch recommended the Board continue to hold $29,230 as surety.  

Mr. Andrade asked if applicant is comfortable with the recommended amount.  Attorney Brennan said they will return in a couple of weeks for further reduction if funds are still held.  He noted the landscaping is done and questioned the need for a bond since the site will remain private.  He explained that the developer has a one year guarantee with the general contractor for work done.  Mr. Andrade noted the Town will not have to monitor the site in the future as it will be self-monitoring.  Mr. Fountain stated he was at the site Wednesday and did not like the way it looked, that nothing was growing and some of the berms have been run over.  He suggested the Board hold on to the current amount.  

Mr. Gallagher moved to reduce to $29,230 the cash bond being held; second Mr. Andrade; motion passed 4-1-0 (Mr. Fountain opposed).   Mr. Andrade requested that Nitsch be notified of the concerns.  

(Mr. Andrade recused himself and left the meeting room at 6:47 p.m.)

6:48 p.m. - Riverfront Estates:  Attorney Edmund Brennan, Taunton, MA, appeared before the Board on behalf of Riverfront LLC to request modification to the Riverfront TDR and subdivision plans.  Letter dated June 2, 2015 was received from Attorney Brennan.  

Attorney Brennan explained the former winery property was approved for a TDR plan with 24 acres of open space, which will be put into a conservation restriction to be maintained by a third party.  Applicant is negotiating with Wildlands Trust and the trust is interested in taking and monitoring the property. Wildlands Trust has requested that the turnaround and basin that are part of the adjacent subdivision plan be taken off the TDR plan and relocated into the subdivision plan.  Attorney Brennan stated there will be no change to the approved subdivision plan other than the property line now wrapping around the basin and the turnaround.    He stated there will be no paving, no drainage and no other change.  He stated that if the Board approves the  minor change, a new mylar plan will be produced for the Board’s endorsement.  

Mr. Fountain moved to accept “Minor Modification to Definitive Subdivision Riverfront Estates,” dated August 18, 2014, revised October 27, 2014, and May 13, 2015, as detailed in the June 2, 2015 letter from Edmund Brennan; Mr. Driscoll second for discussion.  Michael Looney, Pine Street, spoke about drainage to his property; the Board advised him this was not the Pine Street plan.  Motion passed 4-0-0.  

(Mr. Gallagher left the meeting room at 6:53 p.m. due to conflict with upcoming Pine St. plans.)

6:54 p.m. – Form A - Pine Street:  Frank Gallagher, P.E., Foxborough, MA, presented a Form A plan that proposed to divide 18 acres on the west side of Pine Street into three lots, two at 40,000 square feet and the remainder being one large parcel.  

Mr. Andrade noted there are grading easements for the road and he cautioned that a grading easement has no time limit.   

Mr. Fountain questioned who signed the application form.  Mr. Gallagher explained that Mary Jane Paul signed as Trustee of SMND Realty Trust.  After discussion, it was agreed Mr. Gallagher will get the proper signatures on the application form.

Mr. Fountain noted that previously Mr. Looney had questions on this site.  Mr. Andrade explained that a Form A plan can be approved by the Board but it does not give approval to use the land.  Mr. Looney discussed that nearby Lot 7 has problems with failing septic systems.  Mr. Andrade stated that issue can be addressed at the subdivision hearing.  
Mr. Fountain moved to approve “Plan of Land In The Town Of Raynham, MA. Situated Off Of Pine Street,” dated May 1, 2015, as an ANR plan; Mr. Driscoll second for discussion.  After discussion, the Board voted 4-0-0 to approve the plan but hold it for signature until the application form is properly signed.

7:06 p.m. – Doe Run subdivision public hearing was opened.  Mr. Driscoll read the hearing notice.  Frank Gallagher, P.E., Gallagher Engineering, Foxboro, MA, presented the plan. Carol Sullivan and Richard Smith, were present to represent the applicants.  

Mr. Andrade noted there are 40 outstanding items on the Nitsch comment letter and the Board’s policy is to address the major items but wait for plan revisions for other items.  Frank Gallagher noted there is nothing in the Nitsch letter to substantially change his presentation tonight.   Mr. Charbonneau commented that in Chris Gallagher’s opinion, some of the sewer-related comments in the Nitsch letter do not apply to the plan and there may be other items that do not apply.

Mr. Gallagher explained the location of the site on Pine Street, noting it abuts the open space property of Whippoorwill Estates.  He noted septic systems are planned because sewer lines are a distance away.  Mr. Fountain stated the Board will be interested in soil tests.  Mr. Gallagher explained he spent about a week at the site with the Board of Health agent, and the two Form A parcels perked well.  

Mr. Gallagher explained there will be two access roads from Pine Street, four roads in total for 27 lots.  There are wetlands to the west from Bassett Brook and the plan will maintain the 200 ft. buffer.  The plan will be filed with ConCom next week but there are not many conservation issues although there will be a 2,000 sq. ft. wetland filling.  

Town water ends at nearby Courtney Way and will be extended through Sidney Drive.  No sewer extension will be done because of the distance involved and no phase is being extended by the Town to this area; on-site septic will be used.  Mr. Gallagher discussed the closed drainage system with discharge going to two basins.  The plan will match runoff rates with no increase in peak rates to Pine Street; runoff will be controlled.  Water lines will be placed outside the Pine Street pavement. Mr. Gallagher noted that some uncontrolled water from Pine Street will be captured, creating an improvement over current conditions.  Mr. Fountain asked about the water table.  Mr. Gallagher explained that the water table varies from 2 ft. to 20 ft. or more.  He noted a 4 ft. to 5 ft. separation will be needed for leaching systems.  

Frank Gallagher discussed the fact that there are two cemeteries on the property.  He noted that ownership of them is conflicting but he believes they are Hall family cemeteries.  Mr. Fountain asked if there are rights-of-way to both cemeteries.  Mr. Gallagher said he believes the Cemetery Commission would like rights-of-way to both and he thinks they can be provided.  

Mr. Gallagher discussed the requested waivers to allow a 22 ft. wide road; waiver from vertical granite to allow Cape Cod berm; waivers to allow one sidewalk with the plan providing pedestrian access to Pine Street.  It was noted no waiver is requested from the grass strip for mailboxes and no waiver requested from length of dead-end road.  Applicant has not determined yet if a central mail box will be provided or individual mail boxes will be used.  The length of the dead-end road was discussed.  Comment 28 on Nitsch letter stated the dead-end road length has been exceeded on Sydney Drive so a waiver may be needed.  Mr. Gallagher will recheck the road length calculations.

Mr. Fountain noted the Highway Superintendent prefers vertical granite curbing for maintenance reasons.  Mr. Gallagher said the Highway Superintendent would accept sloped granite if done properly.  Mr. Fountain stated the aim should be vertical or sloped granite, not berm.  Mr. Gallagher said applicant would like to keep the rural look of the area within the subdivision.  Mr. Andrade noted the granite is not for looks but rather for maintenance issues.

Jeff Kelleher and Brian Glavin of the Cemetery Commission were present.  Mr. Kelleher submitted letter dated June 4, 2015, requesting an access road/right-of-way be shown on the plan in order to access and maintain the cemeteries.   He explained that presently they have a verbal agreement allowing them to access to one cemetery through the Carney property.  They currently access their sites by foot but would like improved access for better maintenance.  Mr. Gallagher noted there is a second cemetery that is accessed off Courtney Way.  Mr. Kelleher said they are agreeable to one easement allowing access to the Hall cemetery.  He cited the access granted by Fairlane Estates as an access easement that works well.

Michael Looney, 861 Pine Street, addressed the Board and discussed his concerns with surface water in the neighborhood.  Mr. Gallagher showed the elevations on the plan, noting they will be raised about 4 ft. in the area.  Mr. Looney discussed that when it rains now, water flows onto his property and if water is sent downhill on Pine Street by this plan, more problems are created.  Mr. Gallagher discussed the plan to send water down Pine Street.  He noted he originally envisioned a recharge basin to route water into instead of sending it off site, but that would require waivers from the Board.  He noted a berm could be constructed to capture water but regulations require a certain depth and perc rates. Mr. Fountain questioned why the Board would not want to give a waiver in that case.  Mr. Andrade stated that if the neighbors could get an improvement this way, a waiver could happen.  Mr. Gallagher said he could do it then.  He noted the engineering review did not take issue with the design presented but it could be improved further with a retention basin.

Mr. Andrade asked that houses be shown on the plan due to the fact that septic systems are being used.  Mr. Gallagher took issue with showing a house on each lot since he did not see it as a requirement in the regulations and house locations can change but he could show what would be a typical lot.  Mr. Andrade discussed that the Board has had issues with recharge in other subdivisions so the issue needs to be addressed now.  Mr. Fountain noted recharge is needed to make up for the impervious area.  Mr. Andrade asked Mr. Charbonneau to check on why waivers on this issue have been required in the past. Mr. Gallagher discussed that he is not proposing roof runoff into a recharge area.

Mr. Charbonneau noted the regulations require a 20 ft. gravel access around a basin but the plan shows 10 ft., and the Board does not waive fencing around a basin.  Mr. Andrade questioned why a 20 ft. gravel easement would not be done; Frank Gallagher stated they could give one.  He discussed that there is 10 ft. wide gravel access and a 10 ft. berm at the basin and if 20 ft. access is provided, it may not be useable so he requested a 10 ft. waiver.  Mr. Andrade stated the basin has to be accessible.  Mr. Gallagher stated the highway department is okay with 20 ft. throat opening and then going to 10 ft.  Mr. Fountain asked for approval from the highway department.

Mr. Looney discussed water runoff, noting he is 60 feet from the water being dumped off site, which will cause problems when the water runs down.  He has a six-inch pipe on his property but still has water after a five-year storm, which creates a mosquito problem.  He had water in his basement until he installed a pump, and his neighbor, Gilbody, has replaced his driveway four or five times because of water issues.  Mr. Looney stated that a basin holding water will cause more mosquito problems.  

John Gilbody, 811Pine Street, addressed the Board, stating he also has a pump in his basement and that nearby Lot 3 retains even more water than his lot.  

Mr. Andrade noted the water table is 2 ft. at the site entrance, and he asked if the regulations say they cannot dump water onto Pine Street.  Mr. Gallagher stated the regulations say they have to control what leaves the site to make sure there is no increase in rate of runoff.  He explained that the plan has intercepted the majority of water that will come off the site.   Mr. Andrade asked if they are catching runoff; Mr. Gallagher stated yes.  Mr. Andrade noted the water lines being installed with stone will also catch water.  

Mr. Looney discussed that he felt a better job could be done catching the water.  Mr. Andrade requested that Nitsch be informed of what was said tonight, and they should conduct site inspections.  He stated if waivers can help improve the situation, the Board will do that.  

Mr. Looney was agreeable with Nitsch doing an inspection on his property.  He asked the difference between retention vs. a detention basin.  Mr. Andrade explained.  Mr. Andrade said he hears the concerns spoken tonight, and in most situations like this, improvements are made.

Mark Crehan, 73 Courtney Way, noted there is only one way in and one way out of Pine Street and the bridge can be tight to travel over especially in the winter months, and Forest Street also can be hard to travel.  He discussed concern with houses being added to the area without road improvements or without sewer.  Mr. Gallagher noted there is no connection to sewer in this area. Mr. Andrade said the Board would consider road improvements if safety is an issue.  He discussed that the Board holds funds for road improvements in some areas but there is not always enough money to do everything needed.  Mr. Teixeira suggested Mr. Crehan talk to the highway department about the road conditions.

Rick Smith, 156 Forest Street, commented that he and his family have lived on Forest Street many years and they, as well as other residents, like the country atmosphere of the road and the fact that the road helps to slow down traffic.

There were no further comments or questions. Hearing was continued to July 16, 2015, 6:30 p.m.

8:30 p.m. – Town Planner update:  

  • O’Reilly Auto Parts, planning to locate on Rte. 138 across from WalMart, is working on
environmental issues before submitting their site plan application to the Board.
  • Town Meeting voted to accept the zoning amendments, including changes to the FEMA map and relocating the existing medical marijuana by-law to a more appropriate section.  
  • The Town will revert to the policy of presenting zoning amendments at the Annual Town Meeting only unless emergency situation arises.  
  • The Building Commissioner is working on a new temporary sign by-law, and Mr. Charbonneau and the Building Commissioner are working on a use table for the zoning by-laws.
  • Funds to renovate North School for storage use were approved at Town Meeting.  
  • The easements for Center Street/Broadway intersection were approved at Town Meeting, and signals may be in by the end of the year.
  • The Board needs a new representative on the Board of Overseers as Mr. Ellis is no longer on the Board.  Mr. Teixeira will be the representative.
General business:  

  • Invoices were signed.           
  • Mr. Fountain moved to waive the reading and accept the minutes of May 21, 2015; second Mr. Driscoll; unanimous to approve (4-0-0).
  • Letter dated May 14, 2015, was received from Jayne Champagne, Raynham, MA, regarding her property at 150 Broadway, located directly in front of WalMart.  Ms. Champagne wrote that she has serious septic system issues on her property, which she believes are caused by construction of the store. In addition to the septic problems, trash from the store is being blown onto her property.  Ms. Champagne asked for reimbursement for the numerous times she needed to have her septic system pumped due to the water problems being created.
  • Mr. Andrade discussed that this may either be a matter of an older septic system failing or there may be a problem with water runoff from WalMart, so it needs to be determined if the system is failing before approaching WalMart.  He instructed Mr. Charbonneau to check on the age of the septic system, noting the Board of Health should have records if a system is pumped over three times yearly.  Mr. Charbonneau will follow up.
  • The Board agreed to cancel the July 2nd meeting.
There was no further business and the meeting adjourned at 8:45 p.m.

Russell Driscoll, Clerk

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