Planning Board

Planning Board Meeting

April 4, 2019

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

Board members absent:                Christopher Gallagher

Also present:                                 Robert Iafrate, Building Commissioner/Planning Coordinator                                                                                                       Maureen McKenney, Administrative Assistant                               

6:04 p.m. – Mr. Fountain opened the meeting and announced it was being audio and video recorded. 

Mastria Subaru, Rte. 44 - request for abbreviated site plan process:  Applicant was not present.  The matter was tabled to later in the meeting.

6:05 p.m. Raynham Preserve East:  Public hearing was opened.  Mr. Driscoll read the hearing notice.  Evan Watson, P.E., Prime Engineering, Lakeville, MA, was present along with Lee Castignetti, representative of Long Built Homes, and Virgilio and Kathleen Perry, co-applicants. 

Mr. Watson explained the plan:  Open-space plan proposed at the end of Bayberry Road between Route 495 and Route 24; the parcel was originally part of Bassett Knoll plan; a preliminary plan was submitted and approved showing 28 conventional lots; the development is located far from wetland resources; the parcel, including the Perry land, is 39.8 acres of which 23.9 acres is open-space; the open space is contiguous and includes the detention basins; there will be a common mail box located at subdivision entrance.  The subdivision road is an extension of Bayberry Road.

Mr. Watson explained a waiver was granted from the maximum roadway length after it was determined the original plan was approved prior to the maximum road length by-law.  There will be two wet pond detention basins; no walking paths are shown but there is opportunity for them in the future; there is adequate water available with dead-end line; sewer is available; Tighe and Bond is reviewing the plan for the sewer department.  Gas is planned for the subdivision.

Mr. Andrade discussed that many waivers are being sought for the plan.  Mr. Castignetti doesn’t know of any waivers other than the street length; he could not find record of any waivers.  Mr. Andrade questioned what waivers are being sought now versus at the original approval.  He noted the Board agreed the applicant had the right to build but many waivers are being sought.  He discussed the three nearby lots were granted variances for lack of frontage; and, he has concern if those lots were part of the original approval.  Mr. Castignetti noted they never owned that land.  Mr. Andrade questioned why there are no walking trails; Mr. Castignetti said they could discuss.

Mr. Andrade noted the “extensive” list of waivers.  He suggested that at the next meeting the Board discuss their rules and regulations regarding waivers.  He noted there was conflict with the Chairman on the issue of waivers; he submitted copies of Mass. General Laws relating to waivers from rules and  regulations, stating there is need to discuss.  Mr. Andrade moved to put this matter on the April 18 meeting; second Mr. Fountain; motion passed on unanimous vote (4-0-0).

Mr. Fountain agreed that approval of open-space plan should be “strictly construed,” as the lots are small and close; agrees there is an excessive number of waiver requests.  Mr. Watson stated the open-space by-law “almost recommends” applicants ask for waivers to lessen the impact; most of these waiver requests relate to drainage.  Mr. Andrade said the Board needs to decide how to act in the future.  He suggested Mr. Watson work with Nitsch Engineering, the Board’s review consultant.  Mr. Watson thinks Nitsch’s response was favorable as they recommended granting waivers; he doesn’t believe the Nitsch report was telling him to redesign the plan.

Mr. Andrade thinks the issue of the three lots needs to be investigated; applicant is only here because of the original subdivision approval; wonders how the three lots lacking frontage affected that approval.  Mr. Watson explained the different subdivisions and owners, noting this subdivision was not combined with the others but was kept a separate entity. 

Mr. Iafrate suggested the Nitsch comments be addressed with plan revisions if needed. 

Mr. Fountain noted an open-space plan with a lesser road expense is a big waiver; he is not sure of the many others being requested.

Dave Caron, 134 Paddock Road, addressed the Board and explained he was granted a variance to create his lot at the end of Paddock Road.  He asked how much land will be clear-cut.  Mr. Watson explained they are leaving trees in areas around the site but not leaving trees within the development; they will put new trees along the boulevard.  He showed the limit-of-clearing line on the plan, noting the area near Mr. Caron will remain treed.

Mr. Caron is concerned with the need to clear-cut; there is dirt, debris and construction material left in the area of the sewer pump station on Paddock Road.  Mr. Andrade explained the work was done by Nick Harris.  Mr. Harris has passed away and it has to be determined who is now responsible.  Mr. Castignetti explained that Claire Harris owns the Bassett Knoll land, and there is no change in their relationship with her, they do not own the Bassett Knoll land at this point. 

After discussion, it was agreed Mr. Iafrate will look into contact information for Claire Harris for future contact if necessary.  Mr. Castignetti promised the Town will not be left with a mess.  Mr. Caron informed the Board that when the sewer work was being done, he had no access to his house for two years; he is concerned with finishing the pump station work properly.  Mr. Iafrate noted the sewer line services Sparrow Way and Goldfinch Drive, so everything including the sewer work will be finished before road acceptance. 

It was agreed to continue the hearing.  Mr. Castignetti asked if the changes should be sent to Nitsch.  Mr. Andrade wants to see the original plan before changes are made.  It was agreed the comments can be addressed on paper but no changes to the plan.  Mr. Fountain moved to continue the hearing to April 18th, 6:30 p.m.; second Mr. Andrade; motion passed on unanimous vote (4-0-0).

6:49 p.m. – Abbreviated Site Plan Tearall Road/Barnett Bornstein:  The public hearing was opened.  Mr. Driscoll read the hearing notice.  Larry Silva, P.E., Silva Engineering Associates, Bridgewater, MA, was present along with applicant Mr. Bornstein.  Correspondence received: letter April 1, 2091, from Raynham Center Water District (RCWD); letter April 4, 2019, Rob Carey, Raynham Sewer Superintendent; proposed conditions of proposal from Mr. Iafrate.   

Mr. Silva explained that a Form A plan was submitted to divide the Bornstein parcel into three lots that meet frontage, area and access requirements, and the site plan is submitted for roadway improvements needed to satisfy the requirement of adequate access.  Mr. Andrade was concerned that this is not a subdivision plan.  Mr. Fountain noted it’s a road improvement plan so it should not be a subdivision plan.

Mr. Silva explained the road plan:  670 ft. of road extension being done; 18 ft. gravel/recycled asphalt with 2 ft. crushed stone road shoulders; gravity sewer with manholes is planned; the water department wants 300 ft. additional water line, which seems excessive to applicant because future development is unknown; there is no water now from Locust Street; new water line and hydrant will be done in the same area as the sewer line.  Mr. Iafrate noted the water department does not want two dead-end lines and the Planning Board cannot waive that requirement.  Applicant will work with the water department.  

Mr. Silva showed location of the 8-inch gravity sewer line, which the existing house can tie into.  There will be no change to the real drainage situation.  Mr. Andrade saw the road recently and is surprised how narrow it is.  Mr. Silva said 18 feet plus the 2-foot shoulders equals 22-foot width. 

Mr. Bornstein informed the Board that as of yesterday, he got permission to remove debris in the area of his neighbor’s property to straighten the road and make it accessible.  Mr. Andrade suggested Mr. Bornstein notify the neighbors when that will happen.

Mr. Fountain asked if Tearall Road is two rods wide.  Mr. Silva stated yes.  Mr. Iafrate asked where the two new lot owners will access the road.  Mr. Bornstein noted he will be on Lot 3 and is planning on using Tearall Road as he does now.  Mr. Iafrate questioned if the length of Locust Street to the improvements being made is less than the improvements to Tearall Road.  There is 800 feet from Lot 1 to Locust Street and 700 feet the other way.  

Mr. Iafrate said he wants the Board aware that there is nothing in between to connect the two road improvements.  Mr. Andrade noted they are hoping the road will be paved someday.  Mr. Silva stated they will need additional right-of-way improvements to satisfy the load for other development.  Mr. Iafrate noted this is the same situation as Sandy Hill Road. 

It was agreed that in order for the Board to approve the plan, the water department and sewer department requirements must be satisfied.  Mr. Silva showed where the water hydrant will be located, noting the water department is okay with it.  Mr. Iafrate said Mr. Buckley wants 12-inch gravel and 4-inch dense grade on top.  Mr. Andrade asked if applicant can do borings with Mr. Buckley on site.  Mr. Iafrate said if the Board was comfortable with that, he was just bringing this to their attention at Mr. Buckley’s request. 

It was agreed there shall be signage such as “Not a Through Way” or “Private Way” at a location to be discussed.  Mr. Teixeira asked if there could be a sign at Locust Street saying “Road Closed.”  Mr. Iafrate felt that could create a liability issue and suggested a “Private Way” sign at Locust Street end of the road.  

Mr. Andrade requested that the engineer be present when doing construction in order to provide a stamped as-built plan to the Town and the water and sewer departments.  Mr. Silva will coordinate.  The as-built is also to stay within two rods; as-built also needed for water and sewer.

Mr. Iafrate suggested changes to condition No. 6, by removing reference to RCWD letter of April 1, 2019.  Regarding condition No. 10, he noted the plan indicates no asphalt so the Board would be approving without it, and he wanted them to be aware of it.  Board members agreed they were willing to approve the plan without asphalt. 

Mr. Bornstein asked if no building permits would be issued until all road work was done.  He was told yes.  Mr. Silva suggested one of Mr. Bornstein’s lots could be held until the work is done; it was stated the middle lot could be held until the road is done.  A bond was suggested.  Mr. Bornstein said he didn’t have the capital for that, but he is okay with no occupancy being issued.  Mr. Andrade suggested it be up to Mr. Iafrate.  Mr. Iafrate felt there may not be recourse; some level of improvement is needed.  After discussion, Mr. Iafrate suggested keeping as is, they can release if progress is made.  Mr. Andrade noted Mr. Bornstein can buy a bond.  It was noted the plan must be recorded.  Mr. Iafrate suggested they can place a bond amount on the work when it is time.         

Regarding condition No. 10, Mr. Iafrate suggested clarifying the language about tying in the pavement to abutting parcel; the Board agreed.

After discussion, Mr. Fountain moved to accept plan ‘Plan of Land, Site: Assessors’ Map 12, Lot 239K, 869 Locust Street, Raynham, Massachusetts,’ dated March 8, 2019,” prepared by Silva Engineering Associates, P.C., Bridgewater, MA, subject to conditions of approval as discussed; second Mr. Andrade;  motion passed on unanimous vote (4-0-0).

After discussion, it was agreed the address of Mr. Bornstein’s current house should be changed to match Tearall Road address of the other two lots.  It was agreed to table the Form A plan until after the 20-day appeal period.  Extension of time-to-act on the Form A was given to May 6th.

7:43 p.m. – Raynham Riverwalk Adult Retirement Community:  Public hearing reconvened.  Mr. Fountain read April 3, 2019 letter from Ryan Prophett, Esq., Raynham, MA, requesting a continuance.  The Board’s time-to-act is May 31, 2019.  Mr. Fountain moved to continue to April 18, 2019, at 6:35 p.m.; second Mr. Teixeira.  Motion passed 3-0-1 (Mr. Andrade abstained.)

General Business:  Invoices were signed.  No minutes were received.  No correspondence received.

SRPEDD UPDATE: 

• South Coast rail is at the 25% planning stage.
• Route 138 improvements are being planned for 2021 and will include the road up to Rte. 495.
• Annual SRPEDD meeting to be held in May at Fireside restaurant; Board members are welcome.

Dave Caron, Paddock Road, addressed the Board, showing documentation relating to the creation of his house lot.  Mr. Andrade said he knows how the lot was created; the Board is concerned only with the approved subdivision; he questions if the Raynham Preserve East plan is getting three more lots than should be allowed.  Mr. Caron said his only concern was the sewer work done.

7:49 p.m.  Request for Abbreviated Site Plan for Mastria Subaru, Rte. 44:  Applicant was not present.  Mr. Iafrate explained that Mastria is proposing two building additions over 1200 sq. ft.; new parking with drainage is being added; a detention basin is planned.  The basin will be reviewed by Azu Etoniru, Conservation Commission Agent, so Mr. Iafrate feels two reviews unnecessary; the plan qualifies for abbreviated site plan process.  Mr. Andrade moved to approve abbreviated site plan process for the plan as drawn by Sitec Engineering for 1255 New State Highway, dated February 4, 2019; second Mr. Fountain.  Unanimous vote to approve (4-0-0).

PLANNER UPDATE:    

• Preliminary meeting was held for plan for Children’s Development Center, 366 North Main Street; the plan did not meet zoning requirements but got relief from the Board of Appeals; the plan needs ConCom approval; the site is very compact with not a lot of parking; scheduled for the next meeting.
• Mr. Iafrate and a member of the fire department conducted a site visit at the former Benny’s building on Route 44.  The new owner will be remodeling the interior for two tenants; no new parking will be added; a rendering of the building will be submitted; owners will probably be at the next meeting to determine if abbreviated site plan approval is possible or if no site plan is required.  Drainage on the site is basically sheet flow; roof drains are on the back of the building; the building is entirely in Raynham with a small piece of land located in Taunton. 
• Mr. Iafrate is working on the Board’s rules and regulations.  A lot of regs are antiquated and not needed.  The Board will hold a special meeting to review the changes.  Mr. Andrade advised that e-mails sent to all Board members can violate the open-meeting law.  Mr. Iafrate noted that happens daily, maybe the ruling should be challenged.

There was no further business.  Mr. Teixeira moved to adjourn; second Mr. Fountain.  Motion passed on unanimous vote (4-0-0).  Meeting adjourned at 7:58 p.m.

Respectfully submitted,

Russell Driscoll, Clerk