The Raynham Planning Board held its regularly scheduled meeting on Thursday, July 16, 2015, at Raynham Veterans' Memorial Town Hall.~ The meeting was opened at 6:03 p.m. by Chairman Andrade.
Board members present:~ Daniel Andrade, Burke Fountain, Christopher Gallagher, and John Teixeira
Board members not present: Russell Driscoll
Staff present: John Charbonneau, Town Planner; Maureen McKenney, Administrative Assistant
6:03 p.m. – Windchime Estates preliminary subdivision plan (located on Tearall Road): The public hearing was reconvened and Jay Zola, Mansfield, MA, and Chris Marcheselli, Mansfield, MA, appeared before the Board for the proposed plan.
Mr. Andrade asked if the revised plans reflect the Board’s concerns from the last meeting. Mr. Zola explained the plans address Nitsch comments although the preliminary plan does not address Nitsch comments relative to a definitive plan. He noted the cul-de-sac was pulled 10 feet from the abutting Katarina property, as asked, and conforms to regulations. Mr. Zola stated the waivers are now an important concern.
Mr. Gallagher stated an easement will be needed to access the drainage parcel. It was also noted that it has not been decided if the open-space will be given to the Town or a homeowners’ association.
Mr. Zola explained they plan to build Tearall Road and then post surety to obtain building permits and eventually have the road accepted by the Town. Mr. Andrade noted he saw the road recently and this plan will be an improvement over the existing conditions. He stated no waivers will be approved tonight but the Board will consider them.
Mr. Zola stated that if this section of Tearall Road is done, the connection though to Judson Street will happen sooner rather than later. Mr. Marcheselli commented there would be benefit in bringing the road to safety standards along with drainage improvements.
Mr. Fountain asked how the Board felt about the proposed 22 ft. wide road. Mr. Andrade noted the Board has been approving roads of that width. Mr. Gallagher requested that the conveyance of easements be shown on the definitive plan in order to make Town road acceptance easier.
Waiver requests shown on the plan from the following subdivision rules and regulations were discussed: Sec. 8.1.4 – waiver to allow a single run line not a looped line. Mr. Marcheselli stated the water district was fine with this a year ago. The waiver was tabled. Sec. 9.10 – waiver to allow one sidewalk at 4 feet wide instead of two sidewalks at five feet wide. Mr. Andrade favored one sidewalk at 5 feet, ADA compliant, but not certain yet on which side of Tearall Road it should be located. Mr. Teixeira preferred two sidewalks, and Mr. Gallagher stated one sidewalk should have vertical curbing. Sec. 9.9 – waiver to allow Cape Cod berm instead of vertical granite. Mr. Gallagher suggested deferring to the Highway Superintendent, and Mr. Fountain stated granite is
needed on the sidewalk side but if the Highway Superintendent was okay with berm on the other side, he could go along with it. Sec. 6.5 – request to not provide a traffic impact statement. Mr. Fountain stated he may be okay with the waiver. Sec. 7.5.2 – Layout Plan and Profile – to allow black ink instead of red where required. Mr. Gallagher stated this should not be a regulation. Sec. 8.3 – Detention Basin – will be discussed further at the definitive plan stage. Sec. 8.9 p.- Streets – requested to lay out the streets as designed. Tabled to definitive plan. Sec. 8.3 b. – Groundwater in Basins. Tabled and will go to Nitsch for review. Sec. 8.1 – Stormwater Management – re. 15-feet wide stone roadway on top of dikes. Mr. Zola stated the regs require 10 feet width and there is 10, so he is not sure why the comment is made.
No vote was taken on the waivers but Mr. Andrade noted applicant has a good consensus from the Board.
It was noted subdivision regulations require the name of the subdivision to be the same as its main roadway for safety reasons. Mr. Zola stated the definitive plan will be named Tearall.
6:34 p.m. – Forge Estates (fka Bella Estates) condominium site plan: Jonathan Novak, Coneco Engineers & Scientists, Bridgewater, MA, appeared before the Board to request a modification to the plan. He noted the Board previously approved minor modifications to Phase I to allow a shift in location of building foundations. Applicant is now requesting modification to add 800 square feet to Buildings 1 through 5 in Phase II. He explained there are additional infiltration chamber systems being provided for the additional impervious area and will contain the 100 year storm event ; all else on the plan will function as approved.
Mr. Andrade questioned if the modification should be sent to Nitsch. Mr. Gallagher suggested showing the before and after for the basin. He stated this is not a major change and he can review it for the Board. Mr. Fountain wanted someone to look at the proposed change because of the additional impervious coverage, and he was okay with Mr. Gallagher reviewing for the Board.
Mr. Novak noted the buildings will be 5900 sq. ft. with the additional 800 sq. ft., a 15% increase. Mr. Andrade stated the Board can vote on the matter reserving the right to have Nitsch review the drainage calcs at as-built review, and if there are issues at the end of the project, they must be corrected.
Mr. Teixeira asked if occupancy permits are given before a project is finalized. Mr. Andrade noted the Board has been approving final occupancies here building-by-building because banks will not finance on a temporary occupancy. Mr. Fountain stated the drainage concern should be checked now either by Mr. Gallagher or by Nitsch. The Board agreed Mr. Gallagher will review the modifications.
Mr. Fountain stated he will abstain from voting on the matter. Mr. Gallagher moved to accept the plan presented as a minor modification subject to a positive review of the drainage calculations; second for discussion by Mr. Teixeira. Mr. Andrade stated the plan dates should be added. Mr. Novak noted minor modifications were done under Bella Estates plan but this is the first minor modification for Phase II. Motion approved 3-1-0 (Mr. Fountain abstained.).
6:48 p.m. – Warren Street West discussion:~ Attorney Edmund Brennan, Taunton, MA, and Robert Taylor, Easton, MA, appeared before the Board to discuss possible one-lot subdivision plan for 238 Warren Street West.~ Attorney Brennan distributed copies of the proposed plan.~ He explained that Mr. Taylor was recently granted a variance to allow a 40,001 sq. ft. lot in the Farm and Forest District on Warren Street West, leaving 7.9 acres of land behind the property.~ He noted the area is zoned Farm and Forest but surrounding lots do not comply with the zoning, neighbors ‘overwhelmingly’ supported the variance and a small parcel of this land will be conveyed to the adjacent property to accommodate setback requirements.~
Mr. Gallagher asked if the applicant was seeking one plan to create both lots.~ Attorney Brennan noted a waiver-of-frontage plan is required along with the frontage variance for one lot while the second lot will be by the subdivision plan.~ Mr. Andrade commented that a subdivision requires that a parcel be divided into more than one lot and this plan does not show that.~ Mr. Gallagher noted the Board can regulate the number of lots. ~
Mr. Taylor spoke about the ownership of the land, noting that a problem with a lot line was discovered during a survey, which he will be correcting by deeding over a small parcel to Nevens.~ He stated he believes this proposed plan mirrors other subdivision plans approved by the Board.~ Mr. Andrade stated that if both plans are presented at the same time, they will be separate filings with separate forms and fees.~
Attorney Brennan asked if the Board was okay with the 40 ft. layout as shown.~ Mr. Andrade stated 50 ft. layout should be shown as that has been the Board’s position in the past.~ Mr. Gallagher stated he had no problem with showing the 50 ft. layout and then asking for a waiver to convey land to the adjacent property.~ Mr. Andrade stated the plan should show a 50 ft. layout is available.~ Mr. Fountain asked if the applicant has spoken to the neighbors.~ Attorney Brennan noted several neighbors were at the ZBA hearing in favor of the variance.~ No action taken by the Board.~
(Chris Gallagher left the meeting at 7:04 p.m.)
7:05 p.m. – Doe Run definitive subdivision plan.~ Frank Gallagher, P.E., Foxboro, appeared before the Board to update on the plan. It was noted the Board is awaiting additional review comments from Nitsch.~ Mr. Andrade stated the waiver requests will be discussed at a later meeting with a full Board present.~ Mr. Charbonneau informed the Board that he and Steve Ventresca of Nitsch engineering met with Mr. Looney, Pine Street resident, to discuss issues of concern for Nitsch to consider in their review. Letters dated July 13, July 9, and July, 8, 2015, were received from Gallagher Engineering, Foxboro, MA.
Mr. Gallagher noted the plan proposes three phases of no more than 10 lots per phase.~ Mr. Gallagher discussed the proposed drainage.~ He discussed that the Highway Superintendent asked for leaching basins at the intersection of Pine Street.~ Mr. Andrade asked if soil tests were done.~ Mr. Gallagher noted most of the soil is sandy with some gravel and the soils are such that a retention basin is not possible.
Mr. Andrade questioned if there would be a problem with two catch basins leaching into the ground even at a slow rate.~ Mr. Gallagher said they will not make the situation worse and water will not pond and flow onto other land.~ He discussed the hydrology and the water sheds on the property.~ Mr. Andrade asked if there would be no increase in runoff rates even with the new road; Mr. Gallagher stated yes.~ Mr. Fountain asked what the water is doing now.~ Mr. Gallagher stated it flows to a certain point and then down Pine Street.
Rick Smith, owner of the subject property, noted Mr. Looney had mentioned a pipe on his property.~ Mr. Smith questioned if it is beneficial to create a better leaching field on the Looney property, and he is not averse to helping with that.~ Mr. Andrade stated the plan will better help Mr. Looney’s property by intercepting the water flow.~ He advised to be careful of long-term liability.~ Mr. Smith stated he is looking to do what is best and right and to be a good neighbor.~ Mr. Gallagher stated he has done a lot to mitigate what is going to Pine Street by not increasing the current flow.~ Mr. Andrade suggested considering French drains for leaching fields.~ Mr. Gallagher stated that is an option but they would still need to release the first 100 feet.~ Mr. Andrade noted it will be an improvement if there is close to zero
Mr. Fountain asked if there can be a huge, one-foot deep swale area.~ Mr. Gallagher said there could be, but they would have to release 100 feet onto Pine Street rather than 300 feet.~ Mr. Andrade noted 100 feet is more comfortable than 300 feet.
Cemetery easements were discussed.~ Mr. Gallagher explained there is no need for an easement for the cemetery that is off Courtney Way since there is already a foot path off an existing driveway. The other cemetery can be provided a 20 ft. access easement from this subdivision.~ Mr. Andrade questioned if it would be best to create a maintenance easement for twice yearly maintenance.~ Mr. Fountain noted the Cemetery Commission may not want to be limited to twice yearly access.~ He noted State law prohibits not allowing access to a cemetery.
Mr. Gallagher noted the plan will be going before the ConCom in August.~ Mr. Andrade suggested Mr. Gallagher look into trenching before going to ConCom.
The public hearing was continued to August 6th, 6:30 p.m.
7:42 p.m. – Town Planner update:
- Rte. 138 Mixed-Use Overlay District Action Item List and a memo re. commercial frontage on Rte. 138 were distributed. Mr. Charbonneau explained the action list is a fluid document that can added to when needed. Mr. Teixeira noted the action list mirrored what the Board said at the last meeting. He commented on the frontage requirement, noting there are many non-conforming lots on Rte. 138. It was noted that Mr. Fountain is concerned with excessive curb cuts happening along the roadway.
- In the near future, there will be amendments to the subdivision rules and regulations for the Board to consider, such as tree planting detail and fence detail along with a few others.
- The developer of Whippoorwill Estates, Phases 5 and 6, will be moving forward with the final phase of the subdivision. Mr. Andrade recalled informing the new owner of Phases 5 and 6 that all work must be done regardless of whether the bank or the developer owned the property, and the Certificate of Action is their responsibility. Mr. Charbonneau noted this developer has asked why he should be responsible for putting a fence around basins not required by the plan.
- Mr. Fountain moved to waive the reading and approve the minutes of June 4, and June 18, 2015, as received; second by Mr. Teixeira; motion passed by unanimous vote (3-0-0)
- Mr. Andrade read a copy of letter that was sent to Senator Pacheco and Representative D’Emilia regarding the Natural Heritage & Endangered Species Program, noting it seems to be a big issue of concern. Mr. Fountain commented that developers may be accustomed to the additional fees but they add to the cost of a project.
- Mr. Teixeira showed the Board a draft of a brochure SRPEDD produced for Raynham. Mr. Charbonneau will make copies when the brochure is finalized and will send some to the Taunton Area Chamber of Commerce for distribution. Mr. Andrade requested Mr. Charbonneau send brochures to local legislators to promote the Town of Raynham. Mr. Charbonneau noted Representative D’Emilia has been very responsive in the past when contacted.
- Mr. Teixeira informed the Board he recently learned at a SRPEDD meeting that there are over 135 people in Raynham over the age of 80. Mr. Andrade stated that is why he feels there is a need for additional senior housing in Town.
- Mr. Teixeira informed that SRPEDD has free hours available to the Board for consultation; the Board was aware and has used the hours in the past. Mr. Teixeira noted the Executive Director of SRPEDD is retiring.
- Mr. Teixeira asked if the Board has heard from the school committee yet on getting input from the Committee for new residential subdivisions, noting he has spoken to Ms. Riley who stated the committee would be happy to work with the Board. Mr. Charbonneau will follow up.
- Letter dated June 30, 2015 from CHAPA re. default on a condominium at Wildflower Green was received. No action taken.
There was no further business and the meeting closed at approximately 8:05 p.m.
Russell Driscoll, Clerk