Planning Board

Planning Board Meeting

January 3, 2019

Meeting opened:              6:03 p.m. by Christopher Gallagher, Chairman

Present:                               Christopher Gallagher, Burke Fountain,

                                            Russell Driscoll, John Teixeira

Not present:                      Daniel Andrade

Also present:                     Robert Iafrate, Planning Coordinator

                                          Maureen McKenney, Administrative Assistant                     

6:03 p.m. – Mr. Gallagher opened the meeting and announced it was being audio- and video- recorded.

Form A plan – 145 Prospect Hill Street:  Josh Borden, P.E., Borden & Associates, Inc., Raynham, MA, appeared before the Board along with property owner Linda O’Brien, Raynham, MA.  Mr. Borden explained the plan:  Mrs. O’Brien owns approximately five acres on Prospect Hill Street; the plan proposes to create a lot of 60,000 sq. ft. with 200 ft. frontage; there is no water or sewer on Prospect Hill Street; and, the lots meet the zoning requirements for lots without either water or sewer.

Mr. Gallagher noted there is a small area of wetlands in the southeast corner of the property; the new lot appears to meet the 60,000 sq. ft./200 ft. zoning requirements; the new lot is all uplands; and, the remaining lot is 4.2 acres with 274 feet frontage.

After review of the plan, Mr. Fountain moved to approve “Plan of Land #145 Prospect Hill Street In Raynham, Massachusetts Prepared for Linda O’Brien,” dated November 19, 2018, by Arthur F. Borden & Associates, Inc., Raynham, MA, as an Approval Not Required Plan; second Mr. Teixeira; motion passed by unanimous vote (4-0-0).  Mr. Driscoll signed the plan.

6:09 p.m. – Form A plan – Forest Street: Nyles Zager, P.E., Zenith Consulting Engineers, LLC, Lakeville, MA, presented a proposed plan for property on Forest Street.  The plan creates five lots on 12 acres, all having water and sewer; an existing dwelling and associated structures will remain on Lot 5;  the property was originally three parcels; all lots meet the zoning requirements; there are no outstanding issues; and, the lots should be able to tie into sewer off Locust Street.

Mr. Teixeira distributed copies of “Town of Raynham Road Moratorium Schedule” from the Highway Department.  He noted that Forest Street repaving was completed in 2014 so there is no issue with road opening for connections.

Mr. Fountain had questions about the applicants and the owner of the property.  Mr. Zager explained the owner is Snow.  After discussion, Mr. Zager said he will change wording on the plan from owner information to applicant information.

Mr. Fountain moved to approve “Approval Not Required  Plan of Land Off Forest Street Raynham Massachusetts,” for applicant Marcus Baptiste & Jamie Emerson, Berkley, MA, dated December 6, 2018, by Zenith Consulting Engineers, LLC, Lakeville, MA; second Mr. Driscoll.  Motion passed unanimously 4-0-0.  Mr. Zager changed the wording on the plan as discussed.  Mr. Driscoll signed the plan.

General Business: 

• Mr. Fountain moved to waive the reading and approve the minutes of December 6, 2018; second Mr. Teixeira.  Motion passed by unanimous vote (4-0-0). 

• Copy of e-mail, dated January 3, 2019, from Highway Superintendent Ed Buckley to Building Commissioner Robert Iafrate was received.  Mr. Buckley expressed concerns on new road construction on Tearall Road, and he wants 48 hour notification to conduct inspection during roadway construction and no occupancy permit will be signed until road construction completed.  The road construction was brought to Mr. Buckley’s attention during the building permit process.  Applicant has been informed there will be no occupancy permit until all road construction is completed, and he has signed and notarized a document stating so; Mr. Buckley was informed of this.  Tearall Road is private but Mr. Buckley is concerned with drainage and wants the road adequately done.  Mr. Iafrate will coordinate the construction.

6:21 p.m. – Riverwalk Adult Retirement Community (ARC) (located off Church Street/Rte. 44):  Steve Gioiosa, P.E., Sitec Engineering, appeared before the Board and recapped the project:  the Planning Board chose JC Engineering, Inc. (JC), East Wareham, to conduct the peer review; JC has walked the site with Sitec; their report is in progress; the Board had concerns with the ARC roadway intersection with Church Street so that intersection has been marked in the field for viewing.

Mr. Gioiosa submitted “Raynham Riverwalk Church Street Sight Line Analysis” for the site driveway onto Church Street.  He explained how the study was conducted; standard operating procedure was followed in evaluating the sight lines.  He stated there is no sharp bend in the road but there is a vertical curve.  The study considered extreme cases, using 50 mph as speed; the study concluded the sight distance exceeds the accepted recommendations; and, the plan provides a suitable location for the site driveway. 

During discussion, it was noted the Raynham Fire Chief submitted a letter dated November 26, 2018, stating he accepts the site road widths.

Mr. Teixeira asked if applicant investigated connecting the roadway to Christopher’s Way.  Mr. Gioiosa explained the owner feels there are restrictions on the property that prevent connecting the roadways.  Mr. Teixeira asked if the owner is the same for Christopher Way and the ARC property; Mr. Gioiosa stated yes.

Mr. Gallagher asked Mr. Gioiosa to provide instrument detail for the study; Mr. Gioiosa agreed.  Mr. Gallagher noted they are awaiting the review consultant’s report.  He noted at issue is the “popcorn” pavement, which is not in the Board’s regulations, which could lead to maintenance issues for the elderly community.  Mr. Gallagher noted concern with the pavement width, which is narrow for a 50-lot plan.  He stated he needs a reason why this plan should not be held to the same standards as others; he is not comfortable with the narrow road with all the lots and the two-way traffic.

Mr. Gioiosa explained the idea was to have a low-impact development with low impervious material.  He noted there will be Cape Cod berms provided so effectively the roadway is 22 feet.  Mr. Gallagher noted people will not be driving on the curbing.  Mr. Gioiosa said a waiver for the road width will be needed; they will make adjustments if necessary, but they should wait for the review report.  Mr. Gallagher stated the plan should be per the subdivision regulations.

Attorney Ryan Prophett, Raynham, MA, was present on behalf of the applicant.  Upon question from Mr. Teixeira, he explained that the zoning change needed for this property has been drafted and given to the Selectmen for submitted to the Annual Town Meeting.    

Mr. Fountain discussed his concern with traffic being blocked by trucks for Fed Ex and other businesses; he also has concerns with the porous pavement.  He asked if there is a “Plan B” if necessary, could the pavement be replaced and would that require new drainage system.  Mr. Gioiosa said they could reanalyze the situation if needed.  He noted the porous pavement is intended as mitigation; a change would require piping, basins and manholes; he believes the porous pavement is the way to go.  He explained the conventional pavement would require more fill; some fill is being done now as there is some structured drainage being provided.  Mr. Gallagher noted a lot more fill would be needed for conventional pavement; Mr. Gioiosa felt only a little more would be needed. 

Mr. Teixeira asked about the Church Street width.  Mr. Gioiosa said it is 24 feet at the project frontage.  Mr. Gallagher noted that is a Mass Highway layout so it is adequate.

Mr. Fountain thanked Mr. Gioiosa for staking the entrance.  He stated he never like the vertical curve in the road, and he would like some of it lowered but he is also concerned with any water problems that would cause neighbors.  He noted there is e-mail (January 3, 2019) from Ed Buckley regarding issues on Church Street.  Mr. Fountain asked if the road could be lowered by one foot.  Mr. Gioiosa explained that could be extensive so he can’t answer now, but applicant will work with the Highway Department.

Mr. Gallagher asked for public comments.  Drew Knappik, Church Street, submitted for the record a letter stating concerns of nearby residents.  Mr. Gallagher asked Mr. Iafrate to pass the letter to the reviewer; Mr. Iafrate will do.

Mr. Knappik discussed the roadway grade, noting the 50 mph speed is “broken consistently.”  He asked if weather conditions were considered.  He noted the curbing and water issue affects the east and west side of the road.

Mr. Gallagher read into the record the letter submitted by Mr. Knappik. 

Upon question from Mr. Fountain, Mr. Knappik stated the Rte. 44 frontage is massive and he feels there should be two egresses on Rte. 44 and none on Church Street; having two accesses on Rte. 44 would remove traffic and its impact to Church Street.  Mr. Fountain stated Rte. 44 is State controlled.  Mr. Knappik noted the project needs a special permit from the Board; he questioned how there is no liaison with the State on the issue and why nothing can be done.  Mr. Gallagher explained the Town has no input on the State road.

Upon question from Mr. Teixeira, Mr. Gioiosa noted the State has not been contacted yet because they will not consider the project until it receives Planning Board and ConCom approval.  He explained the plan meets State design requirements; this project does not trigger a traffic light warrant so there is “zero chance” of a signal; traffic signals are determined by the State, and the Planning Board cannot dictate the issue.  Mr. Teixeira noted a citizen’s petition could be sent to the State, the neighbors should contact their representative.

Gerard Knappik, First Baptist Church, Church Street, stated Drew Knappik made sense in that there are options for access:  Rte. 44, Church Street or Christopher Way; the current access affects values on Church Street; connection to Christopher Way is a shorter distance with no impact to the community.  He stated having access off Rte. 44 is ideal for residents on Church Street.  He noted the applicant has a home adjacent to this property so he does not want the access road behind his own house affecting his property value, which is disingenuous.  He noted the plan is “perpetual income” that benefits Mr. Andrade.  During discussion it was noted the project is not a mobile home park; there is some overlap in site property ownership; each home in the ARC will be owned but there will be an association for common areas; and, the developer leaves when the project is done.

Gerard Knappik stated he was wrong in commenting there is perpetual income for Mr. Andrade, he retracts his statement.

Mr. Teixeira discussed that he feels it is a cleaner way to have access through Christopher Way and if there were only five to seven vehicles involved, it would not be an issue.

Mike Tate, Church Street, spoke and stated the easier way is off Rte. 44 or Christopher Way.  He questioned fire engine access.  Mr. Fountain stated a second access is needed for emergency vehicles.

Attorney Prophett informed the Board that the nearby property has deed restrictions and cannot be developed.  Mr. Fountain wants to see the deed restrictions at the next meeting.

Mr. Teixeira noted Christopher Way is wide open and it doesn’t make sense not to use that road other than for convenience to the home there.  He also wants to see the deed restrictions.  There was discussion on whether or not deed restrictions can be altered by the Town; it is not known if that can be done. 

An extension of the Board’s time-to-act is needed.  Attorney Prophett signed an extension to

March 31, 2019.  The public hearing was continued to January 17, 2019, at 6:10 p.m.  Mr. Gallagher announced no further notice will be sent out.  Mr. Teixeira moved to continue to January 17, at 6:10 p.m.; second Mr. Fountain.  Passed by unanimous vote (4-0-0).

7:05 p.m. – Planner update:

• Board members have been sent the training session from the State Ethics Commission; Board members need to complete and forward their certificate of completion.  Mr. Gallagher did his training as an Assessor.
• A plan for five lots on Sandy Hill Road and a plan for lots on Tearall Road will be submitted.  Mr. Iafrate will keep the Board posted.
• A site plan for a jewelry store on property near the Hibachi Grill on Route 44 will be submitted.  The property is unique with a few challenges.
• Mr. Iafrate will check on the status of any road acceptances and advise at the next meeting.
• Mr. Teixeira asked if there will be any foliage along the basin at the new CVS on Broadway.  Mr. Iafrate explained there will be grass.  He believes Market Basket will be upgrading the plaza.

SRPEDD UPDATE:

• The main topic of discussion at the last SRPEDD meeting was marijuana establishments and the associated problems for towns.

The Board had brief general discussion about the use of open-space funds for senior housing in town.

There was no further business.   Mr. Teixeira moved to adjourn; second Mr. Fountain.  Motion passed by unanimous vote (4-0-0).  Meeting adjourned at approximately 7:15 p.m.

Respectfully submitted,

Russell Driscoll, Clerk