Planning Board

Planning Board Meeting

February 7, 2019

Meeting opened:                   6:05 p.m. by Burke Fountain, Vice Chairman

Board members present:      Burke Fountain, Daniel Andrade, Russell Driscoll,

                                             John Teixeira, Christopher Gallagher (6:34 p.m.)

Board members absent:       (none)

Also present:                  Robert Iafrate, Planning Coordinator

                                       Maureen McKenney, Administrative Assistant                   

6:05 p.m. – Mr. Fountain opened the meeting.  He announced it was being audio and video recorded. 

Doe Run subdivision (off Pine Street):  (Board member Chris Gallagher not present.)  Frank Gallagher, P.E., Foxboro, MA, appeared before the Board to discuss an abutter’s complaint about the subdivision. Gallagher informed the Board that Phase I binder is down; Phase I utilities are in; trees are cleared; there is ongoing construction so some areas are not yet stabilized; and, he visited the site Tuesday and saw no problems and has plans, calculations and data as validation although he does not know the specific complaint yet.

Abutter Michael Looney spoke and stated he called the building department to complain because water is being rerouted onto his property from the construction; there is water in his basement, a first in 22 years; his neighbors are also having problems; there are no utilities in the street as stated; there are wires laying on the ground; and, there is no drainage in place.

Mr. Iafrate explained there was a meeting at the highway department about two months ago with the developer and the contractor regarding problems, and he and Mr. Buckley have been waiting for a plan since then.  He noted the situation there has been exacerbated and Mr. Looney does have “negative impact” on his property. He has been waiting for design options but has yet to see them.

Ed Buckley, Highway Superintendent, was present and informed the Board that he went to the site, met with the involved parties and looked at the problem.  A newly dug trench was full at the new road and there was significant ponding on Mr. Looney’s side and also on Lot 24; he was surprised the engineer did not know.  He discussed that there is “significant surface water problem” to address.

John Gilbody, 811 Pine Street (opposite the new road) stated there is “significant ponding” at his house.  He was told the trench is temporary with work being done towards a permanent one.   He showed the Board photos from his phone, noting he has had no problems in 15 years.    

Mr. Teixeira asked Mr. Gallagher if he was contacted by the contractor.  Mr. Gallagher said no.  Mr. Looney said the Town was notified months ago.  It was noted 13 lots in Phase I were released. 

Mr. Gallagher said he doesn’t know if this is the place to talk solutions.  He was at the site Tuesday and took photos and saw no water on Mr. Looney’s property; he is not saying there isn’t a problem, and wouldn’t walk away if there is one, but he didn’t see it Tuesday.  Mr. Iafrate agreed this is not the venue for solutions but at the last meeting with the parties it was agreed there is a problem and the owner/ developer was to talk to Mr. Gallagher. 

Mr. Andrade wants to see the plans and minutes of past meetings.  He knows this issue was discussed at meetings and it was thought this plan may even help problems that were there already.  Mr. Gallagher noted part of the problem is that 2018 was the wettest year on record.  Mr. Andrade said something can be done to alleviate this and the parties should get together. 

Mr. Iafrate stated Mr. Looney has offered to be part of the solution whether it be an easement or piping.  Mr. Looney said he did agree to that.  He called ConCom months ago, the building department last week; he doesn’t understand why Mr. Gallagher didn’t know until a week and a half ago; a temporary fix has led to water on his property; there are no catch basins.  He stated there are no street lights nor is there sewer on the plan.

The issue of sewer was discussed.  Mr. Andrade noted the plan was approved for septic; if there is going to be sewer, the Board doesn’t know about it, but the applicant can run sewer lines if they want.  The Board will be keeping with the drainage problems. 

Mr. Looney asked when improvements will happen.  Frank Gallagher said he will return to the Board as soon as he can.  He feels his honesty and engineering abilities are being challenged; when he previously spoke about utilities, he was referring to subdivision roadways, not Pine Street as alluded to.  Mr. Gallagher noted the plan was redesigned, the drainage was designed by a P.E. and reviewed by an outside consultant and the drainage system was agreed upon.  He takes offense at the notion that something was missed.

Mr. Fountain noted things don’t work as they should during construction, but a fix is needed.  Mr. Gallagher understands and will work towards a solution but he does not want his profession and abilities diminished.  Mr. Fountain said he understood but a solution is needed. 

There was brief discussion on the grade on the new road.   Mr. Looney said he is not belittling or degrading Mr. Gallagher’s engineering skills but Pine Street is overlooked.  It was agreed Mr. Gallagher will work on this and hopefully return in two weeks.

6:33 p.m. – Modification to site plan for CVS at 252 Broadway:  Attorney Edmund Brennan, Taunton, MA, appeared before the Board representing applicants Market Basket and CVS. (Chris Gallagher arrived at 6:34 p.m.)  Attorney Brennan explained the proposed modification:  the CVS building is under construction; during the approval process, there was much discussion on the Broadway façade to the building; applicant is seeking to have the same approved building façade on the side facing Market Basket so both sides will appear the same; one building peak will be added to the plan for this purpose.

Mr. Teixeira asked Attorney Brennan if the retention pond can be landscaped to improve the looks.  Mr. Iafrate will check the approved plan and Attorney Brennan will look into the matter also. 

There were no public questions or comments.

Mr. Andrade moved to approve a minor modification to CVS, 252 Broadway, site plan by adding a gable to the Market Basket elevation side with everything else being the same, as shown in correspondence and elevation plan sheets dated February 7, 2019, from Edmund J. Brennan, Jr.; second Mr. Fountain.  Motion passed by unanimous vote (5-0-0).

6:40 p.m. - Raynham Riverwalk Adult Retirement Community (ARC):  The public hearing was reconvened.  (Mr. Andrade left the meeting room.)  Letter dated February 4, 2019, was received from Attorney Ryan E. Prophett, Raynham, MA, requesting a continuance of the hearing to February 21, 2019.  The Board’s time-to-act on the plan is March 31, 2019.  Mr. Gallagher said he will not be at February 21st meeting. 

After discussion, it was agreed that Mr. Iafrate can solicit signatures on the unsigned letter from residents on Church Street that was submitted to the Board at a previous meeting.  Mr. Gallagher noted the issue is that a person of standing, an owner, must sign the letter because the residents of a property may not necessarily be owners. 

Mr. Fountain moved to continue Raynham Riverwalk ARC public hearing to February 21, 2019, at 6:10 p.m.; second Mr. Teixeira.  Motion passed by unanimous vote (4-0-0).

(Mr. Andrade returned to the meeting at 6:43 p.m.)

6:43 p.m. – Tearall Road/Locust Street:  Larry Silva, P.E., Bridgewater, MA, appeared before the Board along with property owner Barney Bornstein, to discuss possible road plan for Tearall Road.  Mr. Silva noted the following:  he had a previous informal discussion on this Tearall Road property with the Board; the house on Mr. Bornstein’s property was allowed years ago by a variance, which stated there would be no further subdivision of the land; Mr. Bornstein is now proposing two lots on his property with potential for a third lot; he proposes to extend the gravel roadway 450 feet; there will be a well to provide water and a 2” line to tie into sewer on Locust Street; the existing house is on septic.

Mr. Silva explained the 10 ft. driveway to Mr. Bornstein’s property is not paved but is graveled similar to that of Bumila’s at the other end of Tearall Road.  Mr. Gallagher noted original owners DeArruda were granted a variance for the house and a subsequent owner paved the roadway/ driveway.

Mr. Andrade discussed that the Board had required Bumila to run a water line, which was done along with widening and graveling of the roadway.  Mr. Andrade said this owner should tie into the water line, the sewer line and also gravel and then the next owner will pave.  He noted the by-laws require safe, adequate access; and, this property should be treated no differently than Bumila’s. 

Mr. Silva stated the owner is sacrificing having three houses to having two in exchange for providing 450 feet of gravel similar to Bumila’s.  He feels a single house should not bear more than 450 foot burden. 

Mr. Iafrate cited the similar situation on Sandy Hill Road, noting there should be consistency.   

Mr. Gallagher believes Mr. Andrade’s recollection of the matter is correct.

Barney Bornstein, property owner, discussed that he was oaky with clearing and widening the roadway but thinks installing water lines is not worth the cost.  He feels other owners would be benefitting at no cost.  Mr. Gallagher noted Mr. Bumila had to do it for one house.  Mr. Silva said extending the sewer is an expense.  Mr. Gallagher said they are talking about a water loop.  It was agreed the owner can talk to the water department about the issue.  Mr. Andrade said the Board would like to see the water and sewer lines extended, as was told the last time.

Highway Superintendent Ed Buckley discussed that there are long term concerns about Tearall Road becoming public or remaining private; and, the road should not be public unless storm water improvements are made.  Mr. Andrade noted property owners knew when they bought property it wasn’t a public road.  Mr. Bornstein said he didn’t want to get into that here; Mr. Andrade said he was told the road is not public but that doesn’t stop the public from using it.

Ed Buckley questioned when the road is private and “piecemealed” to Locust Street, can a subdivision with a public road be built off the private road.  Mr. Silva said the Planning Board would look at the burden.  Mr. Andrade noted that by the road not being paved, it would leave the door open for drainage.  He commented that the road should be public but brought to standards.

Mr. Silva asked if water and sewer extended to the property line and 18 ft. dense gravel used for two or three lots is acceptable.  Mr. Fountain said it has been done in the past.  Mr. Iafrate stated there is a list of road construction standards for private roads.  The Board noted the guidelines have changed since Bumila did his road work and there are new minimum standards.

Mr. Silva said he sees direction and consensus but is still vague on the width.  Mr. Gallagher said 18 ft. with 2 ft. shoulders on each side for a total of 22 ft. is the new standard.

Mr. Bornstein asked if there is building at the other end of Locust Street with a 12’ water line, can he build off that.  He was told yes, it is the same at either end of Tearall Road. 

Mr. Andrade noted the Board previously approved paving with Cape Cod berm.  He is not sure why there was berm but the issue should be looked at again.  Mr. Buckley said it could be because of issues at Locust Street.  Mr. Iafrate will look at whether or not the plan in question should be modified.   

Mr. Fountain questioned if drainage easements should be required.  Mr. Andrade felt that is not the Town’s burden.

It was noted the discussion tonight was not a public hearing so no vote was taken on the matter.

General Business:

• Mr. Fountain moved to waive the reading and approve the minutes of January 3, 2019; second Mr. Gallagher.  Motion passed on unanimous vote (5-0-0).
• Invoices were signed.
• Copy of e-mail was received from Town Counsel Ted Pietnik regarding the Performance Guarantee bond for Doe Run. 
• Letters dated January 23, 2019, and February 6, 2019, were received from the Selectmen’s office requesting that public hearings be scheduled for three proposed zoning amendments:  zoning change on Route 44/Church Street; zoning change at 0 Richard Street; and, zoning change on Route 138.  The Annual Town Meeting is May 20, 2019.  The Board noted their vote is only a recommendation to Town Meeting, and Town Meeting votes are what matters.  Mr. Iafrate noted he e-mailed the proposed overlay by-law to the Board members.  After discussion, Mr. Andrade moved to hold a special meeting on March 28, 2019, at 6 p.m. for public hearings for zoning change at Route 44/Church Street, Route 138 overlay district and zoning change on Richard Street; second Mr. Gallagher.  Motion passed unanimously (5-0-0).

7:29 p.m. – Walmart, Route 138:  letter dated January 7, 2019, was received from Fred Cornaglia, Commissioner, Department of Public Works, City of Taunton, requesting the Planning Board release to the City of Taunton the $200,000 mitigation payment that was part of the approval for the 160 Broadway, Raynham, Walmart. 

Mr. Gallagher moved that the funds should be returned to Taunton as soon as possible with an apology that the payment was overlooked; second Mr. Andrade, who noted the appeal of the project led to the delay.  Mr. Fountain cited a condition on the Certificate of Action and asked if the work was done before reimbursement.  Mr. Andrade said the funds were to be given to Taunton for the work.  Mr. Fountain cited the wording about the funds being returned to Walmart if work was not done within two years and questioned if that was a bother; Mr. Gallagher said he remembered the payment was a gift.  Mr. Andrade it was two years after appeals and it was the Board’s fault that the funds were not transferred but the City didn’t seek them.  Mr. Fountain said that was their misstep, not the Board’s. 

There was discussion on whether or not to seek Town Counsel opinion or ask Walmart.  Mr. Andrade noted they asked attorneys two or three years ago about the time expiring and were told they would get back to the Board if there was a problem, but the Board never heard back.  Mr. Andrade seconded the motion to release funds; motion passed on vote of 3 – 2 (Mr. Gallagher, Mr. Andrade, Mr. Teixeira in favor and Mr. Fountain and Mr. Driscoll opposed).  Mr. Teixeira suggested asking Town Counsel.  Mr. Andrade disagreed. Mr. Gallagher asked if the Board wanted to stick with the vote or move to rescind.  It was agreed not to rescind.  Mr. Andrade said the issue was looked at and he is okay with it. 

There was brief discussion on the $800,000 being held for the lights at Center Street.  Mr. Andrade noted the Town has a right to take the funds and do the work. 

SRPEDD Update:

• District Local Technical Assistance (DLTA) program and affordable housing goals were discussed at last SRPEDD meeting.  Mr. Teixeira noted the Board has $200,000 in an account that was established for payments given in lieu of affordable lots in subdivisions.  Mr. Andrade stated the account needs to be built up more.
• The State is looking to change zoning regulations with a goal of more multi-family housing.
• There is a bike rental program that cities and towns can be involved in.  Mr. Teixeira forwarded the information on the program to Selectmen and Park and Rec Dept.

General Business: 

It was agreed to purchase an easel so plans can be displayed at Board meetings.  

Mr. Fountain gave “kudos” to camera operator Wayne for the clarity of the Tearall Road plan on camera tonight.

Planner Update: 

Mass. DPW is recommending 30 ft. throat opening at Mastria Kia.  The Raynham Fire Chief wants 28 ft.  Mr. Gallagher noted the Board can only make recommendations to Mass. DPW.

There was brief discussion about the new Middleboro traffic rotary.  It was agreed it could be “scary.”

There was no further business.  Mr. Andrade moved to adjourn; second Mr. Teixeira.  Unanimous vote in favor (5-0-0).

Meeting adjourned at 7:51 p.m.

Respectfully submitted,

Russell Driscoll, Clerk