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Planning Board minutes September 17, 2015
The Raynham Planning Board held~its regularly scheduled meeting on Thursday, September 17, 2015, at Raynham Veterans' Memorial Town Hall.~ The meeting was opened at 6:00 p.m. by Chairman Andrade.

Board members present:  Daniel Andrade, Burke Fountain, Christopher Gallagher, John Teixeira, and Russell Driscoll (at 6:24 p.m.)

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

6:00 p.m. – Coletti’s Market site plan:  Mike Chokshi, owner, appeared before the Board to request a return of remaining project review fees for Coletti’s Market, 458 and 470 No. Main Street.~ Letter dated December 31, 2014, regarding a site review conducted at the property was received from Paul Patneaude, Earth Services, Taunton, MA.~

Mr. Andrade stated that he drove by the site and saw light poles with wires hanging out.~ Mr. Chokshi said that the back neighbor did not want any lights on but he could do light dimmers if the Board wanted.~ Mr. Andrade stated the parking lot needs the lights and there should be no spillage from them so the neighbor will not have any problem, and it is the applicant’s responsibility to be sure there is no spillage from the lights.

The fence was discussed.~ Mr. Chokshi agreed to locate the back fence as shown on the plan.~

Mr. Charbonneau informed the Board he went to the site and found that the guardrail at the drainage area is missing and the dumpster is closed on only three sides and is an insufficient height so it should be redone.  Mr. Andrade noted he saw the dumpster fence and it looks taller than six feet but there is no gate.~ Mr. Chokshi said the fence is taller than six feet, and it was done the way it is accommodate the loader.

Guardrail at the drainage area was discussed.~ Mr. Andrade noted there could be 6 ft. by 6 ft. pressure treated timber there.~ He stated there are still other items to address.~ Mr. Fountain noted if the light poles are too high for the neighbor, they can be lowered, and if the plantings had been done when required, they would be over six feet now.~ Mr. Fountain noted that cars use the parking lot to the right when it is meant for deliveries only.~ Mr. Chokshi stated that employees park there and there are two handicap spaces.~

6:12 p.m. - Mr. Andrade tabled the discussion in order to get the project file.

General Business:  Mr. Fountain moved to waive the reading and approve minutes of August 20, 2015, and September 3, 2015; second Mr. Teixeira; motion passed by unanimous vote (4-0-0)

Invoices were signed.

6:14 p.m. – Coletti’s discussion reconvened.  After a review of the plan and the Certificate of Action for the plan, the Board requested that Mr. Chokshi have his engineer contact the Board because there were too many items to discuss at this point.

6:20 p.m. – Public hearing for Warren Street West subdivision plan and waiver-of-frontage plan was opened.~ Mr. Fountain read the hearing notice.~ Applicant Robert Taylor, Easton, MA, Attorney Edmund Brennan, Taunton, MA, and Ed Jacobs, P.E., No. Easton, MA, were present.~ Memo, dated September 9, 2015, was received from Raynham Conservation Commission (Con Com).

Attorney Brennan explained that the Board of Appeals granted variances for lack of proper frontage and area to this 238 Warren Street West property so Planning Board approval of the waiver-of-frontage plan is now needed.~ The property has 156 feet frontage and 40,000 sq. ft. area and is zoned Farm and Forest. ~~Mr. Jacobs stated there is a note on the plan referencing the variance.~ (Mr. Driscoll arrived.)

Mr. Teixeira asked if the property is buildable since it is zoned Farm and Forest.~ It was explained that it is buildable because of the variances that were granted.~

Mr. Gallagher noted the roadway access for the lot is adequate.~ Mr. Fountain referenced the Con Com memo that was received and asked the meaning of ‘plan labeled as #7,’ as stated in the memo.~ Mr. Jacobs explained this plan was taken from a plan prepared by Delano and it is recognition for an existing condition on the Delano plan.~ Mr. Gallagher stated he would feel comfortable if the wetland line was approved.~ Attorney Brennan stated that would run a risk of needing to adjust applicant’s plan if Con Com did not accept the line.~

Mr. Fountain moved to accept the “Waiver of Frontage Plan of Land, Warren Street West Assessor’s~Map 14 Plot 123 in Raynham (Bristol County) Massachusetts,” dated August 21, 2015, as a waiver~of frontage for Lot A-1, as shown on the plan; second by Mr. Driscoll; motion passed by unanimous vote (5-0-0).

The Warren Street West subdivision plan was discussed.~ Attorney Brennan explained the plan provides 40 feet frontage on Warren Street West, there is a turnaround for emergency vehicles, the 125 ft. by 125 ft. building square requirement is met, and several waivers from road construction are requested.~ He noted there is a 40 ft. right-of-way rather than 50 ft. because 10 ft. is to be deeded to the adjacent lot so that property will be conforming.~ He noted applicant discussed the subdivision plan with the Board at a past meeting, the plan is well-engineered and the proposed house will fit into the neighborhood.~ ~Robert Januse, 258 Warren Street West, informed the Board that the #258 property has been non-conforming since 1969.~

Mr. Gallagher noted he would prefer to see a confirmed wetland line but the reputations of Hewitson and Delano are factors.~~

Mr. Fountain read the waiver requests.~ Mr. Gallagher explained the waivers are being requested from what would be needed to construct a full road.  Mr. Fountain moved to approve the waivers as read; second by Mr. Driscoll.~ Mr. Andrade requested that a note be included on the plan stating there is to be no further subdivision of Lot A-3 without further hearing and discussion from the Planning Board per the subdivision control law.~ Vote was taken and the motion to approve waivers passed unanimously (5-0-0).

Mr. Fountain moved to accept “Definitive Subdivision Plan of Land One-Lot Subdivision Warren Street West Being A Portion of Assessor’s Map 14 Plot 123 In Raynham (Bristol County) Massachusetts,” dated  August 21, 2015, by Jacobs Driscoll Engineering, as Lot A-3, by approving as a one-lot subdivision subject to the note being added and the waivers granted; second Mr. Teixeira; motion passed by unanimous vote (5-0-0).~~ Attorney Brennan will draft a Certificate of Action.~ It was noted there were no communications from other Town departments for the plan.

6:46 p.m. – Public hearing for Doe Run subdivision was reconvened.~ (Christopher Gallagher left the meeting room.)~~ Frank Gallagher, P.E., Foxboro, MA, was present along with applicants Marie Smith and Carol Smith, and Rick Smith was also present.  Letters dated September 1, 2015, were received from Gallagher Engineering, Foxboro, MA.

Mr. Gallagher explained that the Conservation Commission was ready to close their hearing on the plan and issue an Order of Conditions, but he asked them to keep the hearing open due to September 1st revisions sent to Nitsch Engineering.~ Mr. Gallagher noted there are a few drainage issues remaining and he is waiting for Nitsch to review the revised plan.~ Mr. Gallagher stated he spoke to Jeff Kelleher of the Cemetery Commission and he is satisfied with the cemetery access provided.~ Mr. Gallagher spoke to the fire chief, who is okay with the 22 ft. road width with turnarounds for trucks.  Also, the Chief has no issue or comment on the subdivision name.~

Mr. Andrade asked if the Board is okay with the road name if the fire chief is okay with it.~ Mr. Fountain stated it is inconvenient for records, but it is not the ‘end of the world.’~ It was noted applicant could ask for a waiver for the name and could provide letters from both the fire and police chiefs.

Mr. Andrade discussed the matter of mitigation for the bridge on Pine Street.~ He discussed that he feels it may not be fair to ask for mitigation towards future bridge repairs considering the number of houses planned along with the fact that it cannot be known when the bridge may need repairs.

Mr. Charbonneau suggested a condition of approval that if damage is done to the bridge/culvert during construction, the Town would ask the applicant to fix or fund the repairs.~ Mr. Gallagher agreed that still gave the Town protection.~ It was agreed the highway superintendent, the Town’s consultant engineer and Frank Gallagher should look at the bridge closely before construction as a way to protect all.~ Richard Smith suggested there be an amount value for repairs rather than leaving the issue wide open.~ Mr. Andrade said he understood applicant’s concerns; Mr. Fountain said he will think about it further.~ It was agreed the highway superintendent will be consulted on the issue of the bridge and possible repairs and costs.

Mr. Gallagher discussed that there are a ‘couple’ of drainage and storm water issues to resolve with Nitsch.~ He noted the Con Com said no additional storm water treatment is needed, and he expects to resolve the issue with Nitsch.

Mr. Andrade noted the Board previously asked for a better way to solve the rip rap issue.~ Mr. Gallagher explained that he went from rip rap swale to grass swale, as asked by the Board, and added handicap ramp and sidewalks to bring down the swale at a gentle grade.~ Mr. Andrade said that was better.

Michael Looney, 861 Pine Street, noted the applicant’s plan moves the water main back into the road.~ Mr. Andrade noted the road will be repaved.~ Mr. Looney discussed his concern that he could lose trees on his property and the road.~ Mr. Andrade disagreed. ~Mr. Looney discussed that his son needs 24-hour access over the bridge and he is concerned with that.~ He also noted that water will be going onto his property by this plan. Mr. Gallagher stated they are trying to be sensitive to concerns.~ Mr. Andrade stated the bottom line is there cannot be an increase in run-off and the situation should be better for Mr. Looney’s property afterwards.~ ~Mr. Looney questioned why two catch basins are now gone; Mr. Andrade explained that soil conditions are not good for drainage so the swales will be better.~ Mr. Gallagher discussed the evolution of the drainage design, noting he felt they were now going beyond what was needed.~ Mr. Andrade stated he will not approve the plan with the catch basins.~ Mr. Gallagher explained why the swales will work better.~ Mr. Andrade noted applicant’s responsibility is to not increase water flow onto abutting property, and he feels the swales will be better.~ He told Mr. Looney to inform the Board if there are problems in the future.~ Mr. Looney noted Carol Sullivan lived in the area and knows of the water problems.~ Mr. Andrade noted no one is disputing that.  Discussion followed regarding the minimum pitch of drainage piping.  Mr. Gallagher noted Planning Board requires ½% and he believes the State requires the same.

Mr. Andrade informed Mr. Looney that the plan has to meet handicap requirements.

Mr. Looney thanked the tree department for clearing trees in the area.~ He asked who coordinates location of water stubs.~ It was noted the Town, engineers and water department will do that and homeowners can have input.~

Mr. Gallagher noted he hopes to see improvement on the 18 inches of standing water that Mr. Looney described on his property.~ Mr. Looney noted the soil is not pervious, which leads to problems.~

The public hearing was continued to October 1st, 6:05 p.m.

7:34 p.m. – Form A - 242 South Street East:~ Attorney Edmund Brennan, Taunton, MA, presented a plan proposing two lots, one with frontage on Carlton Street and the second with frontage on South Street East.~ Proper application and fee were submitted.  Attorney Brennan noted the developer who purchased the recently subdivided Carlton Street property also purchased this property and has begun road construction on Carlton Street.~~

Mr. Andrade asked if Carlton Street improvements have been done.  Attorney Brennan explained some work has been done but it is not built out yet.  He noted there was a pre-construction meeting yesterday.  

Mr. Gallagher asked if these two lots should come under subdivision approval.  Mr. Andrade explained the Board took future development of surrounding properties into consideration when approving Carlton Street subdivision. It was noted there is a condition in the Certificate of Action for Carlton Street regarding this issue.  
After discussion, Mr. Gallagher moved to approve under subdivision not required approval, plan entitled “Plan of Land Site: Assessor’s Map 17, Lot 53 242 South Street East Raynham, Massachusetts Prepared For A-American Investments LLC,” by Silva Engineering Associates, plan date 9/14/15; second by Mr. Teixeira; motion passed by unanimous vote (5-0-0).

Town Planner update:

  • A public hearing is being scheduled for amendments to the subdivision regulations.
  • The brochures for Raynham have been distributed to local banks.
  • The scheduled discussion of an estate lot by-law was tabled to future meeting.~
General Business:~ E-mail correspondence was received from Andrew Toldo, requesting release of the project review funds for 661 South Street West (MAREMI, LLC) site plan.~ A permanent Certificate of Occupancy has been issued for the site.~ Mr. Andrade moved to release the full amount less expenses, if any; second Mr. Gallagher; motion passed by unanimous vote (5-0-0).~~~~~

(Mr. Andrade left the meeting at 7:48 p.m.)

Attorney Edmund Brennan, Taunton, MA, appeared before the Board re. Riverfront Estates, Transfer of Development Rights (TDR) plan.~ He presented copies of “Declaration of Development Restriction,” for the Church Street TDR property.~ He noted some wording had changed regarding prohibited uses and agricultural purposes due to Con Com concerns.  He stated Con Com has since seen the final document version and approved of it.~

Attorney Brennan noted that Article 17 of the zoning by-laws requires that the Board approve the document.~ Mr. Fountain stated the document is well-written.~ He moved to approve Riverfront, LLC, Declaration of Development Restriction, as to form and substance; second by Mr. Driscoll; motion passed by unanimous vote (4-0-0).~~~

Attorney Brennan then presented a Transfer of Development Rights Certificate that was prepared in order to grant three development rights to the front lots on the Church Street property. ~He noted the TDR by-law requires the certificate as part of the TDR process.~ Mr. Fountain noted that there were seven TDR’s approved and there will be four more certificates after this one.~ It was noted the documents will be recorded at the Registry of Deeds.~ Attorney Brennan explained that he will next be presenting a Form A plan, which will then use another TDR certificate, so there will be then be three TDR certificates remaining after tonight.

Mr. Gallagher moved to endorse the Transfer of Development Rights Certificate issued to Riverfront, LLC, 68 Main Street, Raynham, MA, for three lots on Church Street, pursuant to Raynham Zoning By-laws, Article 17, Transfer of Development Rights; second by Mr. Fountain; motion passed by unanimous vote (4-0-0).~
8:05 p.m. – Form A plan for 943 Judson Street:~ Attorney Edmund Brennan presented a plan showing two lots at 943 Judson Street that will result from one Riverfront TDR certificate.~ He noted the existing house on the property will be razed, and the TDR dimensional regulations will apply to the lots.~ Mr. Charbonneau asked why the plan does not count as two TDR certificates being used.~ Mr. Gallagher stated the by-law was written as such.~~

The plan was reviewed.~

Mr. Fountain moved to accept “Plan of Land Transfer of Development Rights Receiving Area Site: Assessor’s Map 16, Lot 19B 943 Judson Street Raynham Massachusetts Prepared for Andrade Construction, LLC 68 North Main Street Raynham, Massachusetts,” prepared by Silva Engineering Associates, Bridgewater, MA, dated 9/10/15, as an Approval Not Required plan and as a proper receiving area; second by Mr. Driscoll; motion passed by unanimous vote (4-0-0).

A TDR certificate for the 943 Judson Street property was submitted by Attorney Brennan.~ It was noted the recording information will be added to the certificate.~ Mr. Fountain moved to approve the TDR certificate for the receiving site parcel numbers Lots 19B-1 and 19B-2 on Plan entitled “Plan of Land Transfer of Development Rights Receiving Are, Site: Assessor’s Map 16, Lot 19B, 943 Judson Street, Raynham, Massachusetts”; second by Mr. Teixeira; motion passed by unanimous vote (4-0-0).~ The certificate was signed.

There was no further business, and the meeting adjourned at 8:13 p.m.~

Respectfully submitted,

Russell Driscoll, Clerk

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