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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes June 18, 2015
The Raynham Planning Board held~its regularly scheduled meeting on Thursday,~June 18, 2015, at Raynham Veterans' Memorial Town Hall.~ The meeting was opened at 6:02 p.m. by Chairman Andrade.

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

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

6:02 p.m. – Homestead subdivision plan:  Alice Gonsalves, Raynham, MA, appeared before the Board along with Mike Koska, P.E., Bridgewater, MA.  Ms. Gonsalves distributed copies of letters from Division of Fisheries and Wildlife, dated October 24, 2006, March 30, 2007 and March 19, 2014. She explained that in 2006 she was informed that her property was under review and no work could begin; in 2007 she was told the project will result in a ‘take” of Eastern Box Turtle; and, in 2014, she was informed the project will not result in a “take.”  Ms. Gonsalves has worked with attorneys and consultants to resolve the issues and now wants to proceed with the plan.  Mr. Koska has taken over the project because Hayward, Boynton & Williams, who prepared the plan, is no longer in business.

Mr. Koska informed the Board he went over the drainage on the plan and no changes were made.  It was noted the plan presented tonight is the plan that was approved by the Planning Board.  Mr. Gallagher commented that the plan was ‘stuck in limbo’ with Wildlife.  Mr. Andrade noted the Planning Board considers the plan approved and any issues with the Conservation Commission are separate.  

Mr. Andrade asked if Ms. Gonsalves wants the plan signed tonight.  Mr. Koska explained there are no effective changes on the drainage but a new NOI must be filed with ConCom.  Mr. Andrade discussed that he felt the safest way to proceed would be for the Board to sign the plan, and if anything changes at ConCom, applicant can return for a modification.  After discussion, it was agreed the Board will not sign the plan tonight but will hold the mylar and sign it after Mr. Charbonneau reviews the plan.  

6:20 p.m. – Windchime Estates preliminary subdivision open-space plan (off Tearall Road):  the public hearing was opened. Mr. Driscoll read the hearing notice.  Jay Zola and Chris Marcheselli, South Purchase, LLC, appeared before the Board along with Ralph Maloon, RIM, Engineering, Mansfield, MA.

Mr. Zola explained their plans prove a conventional 6-lot subdivision with roadway and an additional drainage lot can be built off Locust Street so they are now proceeding with a cluster/open-space plan on Tearall Road.  Mr. Zola noted that he and Mr. Marcheselli have discussed the issue with the Board several times, and they believe the Board to be in favor of the open space concept on Tearall Road.  Mr. Zola stated he received the Nitsch comment letter tonight.

Mr. Andrade noted that minutes from past meetings indicate the Board was in favor of improving Tearall Road, and they saw no legal issues with showing the conventional plan as proposed and then converting to the open-space plan.  He noted the Board had Nitsch review the preliminary plans relative to the requested waivers.  

Mr. Andrade asked if anyone present had questions.  Ms. Katarina, Locust Street, commented that her house is located on the “cart path” known as Tearall Road and the original owner of the property was granted a variance because the property had no frontage on a public road.  She is concerned with the road becoming a thru way and felt there was “accident waiting to happen now.”  She noted she has lived on the road 13 years but it has opened up only in the last 1 ½ years. Mr. Fountain discussed that for many years, it was barely possible to get through the road.  He noted the road is owned by the abutting property owners.

Mr. Andrade explained that the Board preferred the Tearall Road option rather than building a new road off Locust Street only 150 feet from Tearall Road.  Ms. Katarina asked how Tearall Road would be improved; Mr. Andrade stated this is the first meeting and the Board will be addressing the waiver requests at this point.  

During discussion, it was noted that the other end of Tearall Road, off Judson Street, was accepted by the Town.  Mr. Gallagher noted there are many streets in Raynham that were never formally accepted.  Mr. Fountain stated that if the road was there before 1846, it is an ancient way and therefore a public road.  Ms. Katarina asked why the Town is paying to plow those roads.  Mr. Andrade suggested she ask an attorney.  

Kerry Kisloski, Locust Street, informed the Board that if Tearall Road is widened, his septic system could be affected because of its proximity to the road.  Mr. Gallagher explained they would have to make sure there is a “break out.”  Mr. Zola noted there will be water and sewer brought to the proposed cul-de-sac.  

Marilyn Belanger, Locust Street, asked if the cul-de-sac will be named Locust Street or Tearall Road; it was stated it will be Tearall.  Mrs. Belanger commented on the small size of the lots.  Mr. Andrade explained the open-space concept allows smaller lots.  It was noted the open-space must be upland.

Mr. Fountain stated that he previously meant to say Tearall Road is a road open to the public, not that it is a public way.

Mr. Andrade noted the Board will be talking to the building inspector throughout the process to make sure Tearall Road is legitimate.
Ms. Koslosky asked what will be the size of the new houses.  Mr. Zola stated about 2100 square feet but that is not finalized.

Mr. Zola stated he will be digesting the Nitsch comments and will discuss further with the town planner.  Mr. Andrade noted the Board discussed sidewalks on one side and granite.  Mr. Gallagher stated he was favorable to the proposed design but there are issues to flush out.

Mr. Andrade read a copy of an e-mail dated June 17th from Mr. Cardy J. Louis to Mrs. McKenney.  The Board felt the plan will not affect Mr. Louis’ land.~ Mr. Louis will be contacted.

Mr. Gallagher suggested ending the public hearing tonight with the Board taking no action on the plan.  Mr. Andrade and Mr. Fountain wanted more input from the review engineer.  The public hearing was continued to July 16, 2015, 6:05 p.m.

7:00 p.m. – Bella Estates:  no one appeared before the Board on the matter.  No action taken.

7:01 p.m. – All American Assisted Living facility:  Attorney Edmund J. Brennan, Taunton, MA, appeared before the Board to request a reduction of the applicant’s cash bond.  Letter dated June 17, 2015, was received from Attorney Brennan in support of the request.  Attorney Brennan explained there are no safety issues at the site; no public funds are at issue; the applicant has a $500,000 retainage from the general contractor for any unresolved work issues; and a final occupancy permit is needed for the applicant’s lender.  

Mr. Andrade noted the building inspector and fire department have no issues with the site.  Mr. Charbonneau said the site is looking better with the landscaping improvements.  Mr. Fountain stated there is a ‘huge improvement’ at the site from two weeks ago; he is okay with the site now.  Mr. Andrade said it is not up to the Town to guarantee the improvements.  Attorney Brennan agreed, noting it is up to his client to deal with any issues.

Mr. Andrade moved to allow a permanent Certificate of Occupancy for the site and to release the balance of the performance bond; second Mr. Driscoll; motion passed unanimously (5-0-0).

7:08 p.m. – Town Planner update:  

  • Mr. Charbonneau will attend a roundtable discussion for regional economic development and he asked for Board guidance on past issues of concern.  Mr. Andrade noted past zoning changes that have not been very successful include Residential D zoning, locating light industrial zoning in an area with no highway access.  He suggested Mr. Charbonneau contact past Raynham town planners for input.
  • Main Street Estates:  Mass. Housing has given the approval for Main Street Estates, a proposed 40B development off North Main Street, to proceed.  Twelve single-family houses including three affordable houses are planned.  Mr. Charbonneau stated the Selectmen have requested a 21E study and traffic study for the site.  The Planning Board agreed that emergency access and environmental concerns are the bigger issues for this site.  Mr. Charbonneau will draft a comment letter on the plan on behalf of the Planning Board.  Mr. Andrade suggested restricting house size and height for safety reasons.  Also of concern was the matter of snow removal and stockpiling.
  • The economic brochure produced by SRPEDD for the Town will be ready soon.
  • The Town needs another 26-27 affordable units to meet the 10% affordable housing requirement.  Mr. Teixeira questioned how a developer can pay the amount of $50,000 in lieu of providing an affordable lot in a subdivision.  It was explained that Town Meeting approved that amendment to the by-laws, and it is a means for the Town to supplement funds for senior housing units.
General business:  

  • Correspondence, dated June 8, 2015, was received from Ayoub Engineering, Inc., informing the Board that Colbea Enterprises LLC is~withdrawing their request for a special permit for parking reduction at 442 New State Highway.  The special permit is no longer needed because the site meets parking requirements.  Mr. Andrade moved to allow the special permit request be withdrawn without prejudice; second Mr. Fountain; unanimous to approve (5-0-0).
  • The Board’s cancelled the July 2nd meeting.
  • Mr. Andrade requested that Mr. Charbonneau send a copy of the Division of Fisheries and Wildlife letters regarding Homestead Estates to Senator Marc Pacheco and Representative Angelo D’Emilia and notify them of the concern with Wildlife holding back permitting unless funds are paid, which the Board sees as soliciting funds.  
  • Mr. Fountain reminded the Board of the rule in Raynham’s subdivision regulations that requires the name of a subdivision and the main road in the subdivision have the same name to avoid confusion in emergency situations.  It was noted the fire department reviews for this issue.
  • Mr. Teixeria asked if the school committee was contacted regarding their input on new subdivisions.  Mr. Charbonneau has reached out to Ms. Riley of the Committee but has not yet received a response.
7: 30 p.m. – Route 138/Broadway rezoning:  Mr. Charbonneau discussed that there are three aspects to a mixed use overlay district:  boundaries, uses and dimensional regulations.  Mr. Andrade suggested that the Zoning Enforcement Officer be involved in the process of the Broadway rezoning, as his input could be helpful.  

Mr. Andrade discussed that zoning should follow property lines or Assessors’ map descriptions.  Mr. Charbonneau said he would use descriptions.  Noting that some lots on Broadway are more limited than others, he suggested a more uniform way to set boundaries could be used.  Mr. Andrade discussed that if a property abuts a Residence A district, there should be conditions imposed such as limiting lighting, requiring buffers.  Mr. Driscoll asked if there would be ways to incorporate back areas of split zoned lots for certain uses in order to increase zoning opportunity for a property.  Mr. Andrade stated that would be encroaching on residential streets and he does not want to put business further into residential areas.

Mr. Teixeira stated this issue is~the reason he ran for office.  He recalled a past effort to rezone a property to business by going further into the residential area of First Street.  He explained that he sees three zones on Broadway and he believes the existing Residential D area in the central portion of Broadway should stay as that and does not want to see strip malls in the area.  He noted the northern portion of Broadway has properties available but nothing has gone there in years.  He feels the idea of wanting to rezone Broadway is a way of promoting business.  Mr. Andrade noted that the Residential D district does not work well.  Mr. Fountain suggested eliminating the square footage requirement imposed in Residential D, noting that the 2,000 square foot limit is not enough for the types of businesses allowed.  During discussion it was suggested that Residential D uses that now need a special permit could become by-right uses instead.   Mr. Gallagher agreed that Residential D could be reworked.

The Board agreed that boundaries in the overlay district are to follow rear property lines.  They discussed having three districts – North of Britton Street, Britton Street to King Philip Street and south of First Street.  Mr. Andrade felt the second district should end at the old Dexter property and the third district should begin beyond that.  He felt it would be wrong to restrict a district because of First Street since there are other streets in town in similar situation.  He noted there will be regulations controlling the overlay zoning when abutting residential property.  Mr. Teixeira asked if a strip mall would be feasible on the property in question.  Mr. Gallagher stated yes, noting it is all dry land.

Donald Arsenault addressed the Board and commented that regarding one of the parcels in question, materials would have to be hauled out due to the elevation.  Mr. Andrade noted each zone would have regulations, and if there are residences in the area, it would be better for noise level if the parcel is levelled.  Mr. Andrade commented that each lot has its own limitations; Mr. Teixeira agreed.  Mr. Teixeira agreed with zone two being Residential D; Mr. Andrade agreed.  There was consensus that there could be new regulations for zones one and three and the current regulations for zone two/Residential D could be adjusted.

After discussion, there was consensus that the zoning is to follow property lines throughout the corridor.  Mr. Teixeira said he will consider how the doctor’s office in the Residential D area could better work within the zoning.   

It was agreed to involve the zoning enforcement officer in the rezoning process.  It was agreed where the three zoning district boundaries would be roughly located.   

Michael Delaney, 217 Broadway, stated his property is Residential D in the front and commercial in the back.  He asked if it would all revert to Residential D with rezoning.  Mr. Andrade felt that Mr. Delaney’s property is one that should be in the business district.  Mrs. Nickerson said she felt that was contradicting what was said earlier.  Mr. Andrade stated he would not vote if the back of the Delaney property stays Residential D because Residential D should not be that far down Broadway.  The Board agreed to further discuss the cutoff line for Residential D district.  

Mr. Charbonneau stated the Designated Development District near Wal Mart should be rezoned back to business.  Mr. Andrade agreed that the Designated Development District should not be in this area, noting that any change to the Designated Development District by-law would not only affect this area but the Designated Development District at Paramount Drive.  

Laraine Nickerson requested that in the future, the Board post Broadway rezoning discussions as an agenda item with a specified time; the Board agreed to that.

There was no further business, and the meeting closed at 8:15 p.m.

Russell Driscoll, Clerk

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