Planning Board
Raynham Planning Board
Meeting Minutes
Thursday, July 18, 2019
Board members present: Mr. Daniel Andrade, Mr. Burke Fountain, Mr. Russell Driscoll, and Mr. John Teixeira
Arrived Late: 7:34 pm – Mr. Christopher Gallagher
Also present: Mr. Robert Iafrate, Building Commissioner/Planning Coordinator; Ms. Maureen McKenney, Administrative Assistant; and, Steven Ventresca, P.E., Nitsch Engineering
6:03 p.m. – Mr. Andrade opened the meeting and announced it was being audio and video recorded.
6:03p.m. Form A - Forest Street: Mr. Jonathan Pink was present. He informed that two lots (lots #3 & 4) are being reconfigured with a long leg that will extend behind the subdivision. Also being added is a scenic view buffer strip that will be 32.5 feet wide.
Mr. Iafrate informed that the buffer strip will be a no-cut zone in the back of the subdivision.
MOTION: Moved by Mr. Fountain to approval a plan titled “Approval Not Required, Plan of Land, Forest Street, Town of Raynham MA,” Marcus Baptiste and Jamie Emerson, Berkley MA, plan prepared by Zenith Consulting Engineers, LLC, dated June 26, 2019, as a plan not requiring subdivision approval. Seconded by Mr. Driscoll. Unanimous vote (4-0-0)
Mr. Andrade informed Mr. Pink that he will need to record the plans and return to the Planning office once complete.
6:05 p.m. Greystone Estates, Special Permit for Estate Lots (Forest St/Locust Street): Mr. Driscoll read the public hearing notice. Mr. Frank Gallagher, P.E., Foxboro, MA, was present with the applicant, Mr. Marcus Baptiste. Mr. Gallagher informed that the Special Permit is for Estate Lots 4 and 5, and the proposal has been before the Board previously. Under the by-law, Lots 4 and 5 meet the regulations that allow for reduced frontage and increased lot size. One estate lot comes off Locust Street with the other coming off Forest Street. The required frontage is a minimum of 50 feet and lot size is minimum 80,000 sq. ft. Mr. Gallagher informed that there is an existing gravel driveway that comes off of Locust Street and that estate lot will be using the gravel driveway.
Mr. Andrade reviewed the previously approved Form A for the buffer strip behind the subdivision.
Mr. Fountain asked if there will be bounds set. Mr. Gallagher is not showing bounds on his plans and is not sure if the Form A shows any. If the Board would like to have them set, Mr. Gallagher said that they could do so. Mr. Andrade agreed that it would be a good idea to install the bounds which could be a part of the conditions for the Special permit. Mr. Iafrate informed that during the last meeting there was concern with the driveway for the subdivision and after that driveway, a driveway for the estate lot. He reminded Mr. Gallagher of the By-law requirement for a minimum frontage of 50 feet all the way through. The easement is 50 feet at the road then it decreases to 40 feet. Mr. Andrade thought it was pre-
existing as a variance was given for the single lot. Mr. Iafrate informed that it has changed due to the lot cut out. Mr. Fountain is comfortable as is or given a waiver as one house is being replaced with another house. On the design of one driveway next to another, Mr. Andrade doesn’t feel that the three lots should have access cut off; they can work it out in the future if they want. Mr. Fountain agreed.
Ms. Rogers, 100 Forest Street, was present and questioned the location of the driveway coming out onto Forest Street and her home. There are two homes before the driveway which is approximately 200 feet from the corner of Ms. Rogers’ lot. She is not happy with all the construction, as they were under the assumption that the area was protected when they purchased their home.
MOTION: Moved by Mr. Teixeira to approve a Special Permit for two estate lots for a definitive plan of subdivision land in the Town of Raynham situated off Forest Street, lot layout sheet prepared for Marcus Baptiste and Jamie Emerson, 3 Chestnut Avenue, Berkley, MA, prepared by Gallagher Engineering, of Windsor Drive, Foxboro, plans dated December 27, 2018, revision 2 dated June 6, 2019; second by Mr. Fountain. Mr. Andrade added a condition for four concrete bounds on the property abutting Parkwood Drive along the eastern boundary line. Mr. Teixeira amended his motion to include the condition for the concrete bounds; second by Mr. Fountain. Discussion: None. Unanimous vote (4-0-0).
Greystone Estates Subdivision Plan: Correspondence, dated July 9, 2019, received from Nitsch Engineering stating that the plan as presented appears to meet the storm water handbook requirements and the Raynham Rules and Regulations. The proposed basin was calculated for the 100-year storm event. Present and representing the applicant was Mr. Frank Gallagher, Gallagher Engineering, Foxboro, MA. Mr. Gallagher informed that he communicated with Mr. Steven Ventresca, Nitsch Engineering, and he had asked for some erosion control around the retention basin. One revision on the plan is for the hay bales along the basin; hay bale details are on sheet 5. Another revision to the plans is street trees, which are in accordance with the subdivision regulation. The street trees are being proposed at 40 feet on both side sides of the road. A waiver is no longer required for the trees. There was a concern with the driveway for the estate lot and subdivision being too close. Aesthetically, the trees will make the driveway look better. There is not much room on the other side of the driveway, so with the small amount of room available, a stone pillar on both sides of the entrance is proposed. The size of the proposed pillars will be 3 ft. x 3 ft. at the base and 4 feet in height. Mr. Gallagher handed the members a separate plan for the pillars. The feature is decorative and defines the entrance and it will not restrict site distance. Mr. Andrade said that he had concerns with the entrance being a tunnel, but the trees have changed the appearance. Mr. Andrade asked if there will be a sign for the name of the road and a private way sign. He suggested incorporating the signs in the pillars.
Mr. Marcus Baptiste stated that he could install a granite insert in the concrete pillar, but it may not meet the 911 guidelines. The sign will still need to be mounted on the pole. Mr. Baptiste will communicate with Mr. Iafrate regarding the sign. At the last meeting, the Board discussed five trees behind the property of 9 Parkwood Drive. Mr. Baptiste informed that he met with the homeowner and they have signed an agreement to plant 5 – 8 foot tall fuchsia green giant arborvitaes. This will supplement existing arborvitaes on their property. The only other item that Mr. Ventresca mentioned was a maintenance plan for the basin. Mr. Andrade said that it could be added a Condition.
Mr. Andrade read the requested waivers.
MOTION: Moved by Mr. Fountain to approve the waivers as read; seconded by Mr. Driscoll. Discussion: None. Unanimous vote (4-0-0). Revised date of July 9, 2019
MOTION: Moved by Mr. Fountain to approve the Greystone Estates subdivision plans with the following conditions: 32.5 foot no cut easement along the boundary line of Park Drive properties.
Landscape stone work at the entrance to identify and beautify the entrance; a sign to identify the private way will be placed at entrance; no building permits to be issued until base coat and drainage facilities are in place; all improvements are to be completed before the last building permit is issued; a recorded document shall be submitted stating that this road shall remain a private way not to be accepted by the Town of Raynham; a Operation and Maintenance Plan to be supplied to the Town from each individual owner, Mr. Baptiste informed that he is planning on having Homeowners Association documents and the Operation and Maintenance Plan will follow that document. The Homeowners Association document will be submitted to the Board for their approval prior to submitting to the homeowners. Mr. Fountain added subject to the applicant completing the said planting agreement with the owner of 9 Park Wood Drive said agreement dated July 18, 2019. Motion seconded by Mr. Driscoll. Mr. Driscoll suggested adding information on the two previously approved Estate Lots. Mr. Fountain amended to include a Condition for the use of the private way being limited to the owner(s) of Lots 1, 2, and 3 as show on the subdivision plan. Mr. Driscoll seconded the amendment. Discussion: None. Unanimous vote (4-0-0)
6:15 pm Public Hearing – Raynham Preserve East Subdivision Plan: Present and representing the applicant were Lee Castignetti, Long Built Homes, and Mr. Evan Watson, P.E., Prime Engineering. They are presenting a revised design. It is not a full set of plans rather a revision of the input from the last meeting. Previously, the Board expressed concern that the design was cramped with excess grading due to how the lot was sized and the road filled from the sewer infrastructure. They have reviewed the sewer infrastructure and redesigned the road by lowering it significantly. By doing so they have come up with a full site grading plan that shows much less fill. The new design has the tree line out of the open space and onto the lots while maintaining a 50-foot back yard for all lots. Additionally, trees have been saved in between the lots and they have done this by lowering the grade of the road and reducing the number of lots. The new design now has 26 lots which is a reduction of 2 lots from the previously proposed 28. The houses around the cul-de-sac remained the same as these lots graded out well. The remaining lots are spread out and definitely do not need as much fill. The drainage design is not complete as Mr. Watson expects that he will be able to lower the drainage ponds a little.
Mr. Andrade informed that Nitsch Engineering reviewed the proposed project and submitted an extensive review letter. The letter mentioned deep banks on the detention areas, some over 8-10 feet. He asked if this was going to change to help alleviate some of the concerns Nitsch expressed. Mr. Watson stated that there were concerns and he will be able to address the height of the dike on the detention basin so that it is not so pointy. He will be able to raise the slope and the grade by about 2 feet. Mr. Andrade informed that the Board will be working on their rules, regulations and by laws and he feels that what they do on this plan will be looked at going forward as to what a cluster development should be. With what he has read for open space, it is almost the opposite of what the board has done in the past. Mr. Andrade discussed the setback of the Bassett Knoll subdivision. After reviewing the property lines for this subdivision, the setback is only 10 feet, and the amount of fill to be used doesn’t allow for grading. The grading is rather deep and the houses are sitting high. Mr. Andrade feels that they shouldn’t allow a house with only 10 feet of yard on the side. The side yards are only about 5 feet. He discussed a house having a garage underneath and the amount of open space it would have via a house that has the amount of fill being proposed and grading. He does not want to make it complicated or delay the project, but would like to see a grade of no more than 4 feet. Mr. Watson informed that he reviewed the design for Raynham Preserve Subdivision which was designed some time ago, and the way the road and lots were design, it did have the same water table that it has now. The houses should be elevated to keep them out of the water table. On the south side of the road the houses are only 2 feet above grade with a walkout basement and on the other side of the road, those homes are 4 feet down with the back side sunken about 2-3 feet. They have conducted water test pits in the area and the water table is 2 feet-30”. Therefore the houses on the eastern side was designed about a foot down or a foot above the water table level and carried back. The back yards are all at grade with about 90% of the lots at existing grade at the lot line.
Mr. Andrade informed that the applicant is requesting wet basins that are not in the Raynham Regulations. He asked if no wet basins were used, what would happen to the road. Mr. Watson said that the layout of lots would not change very much. He would not be able to raise the road at the entrance because it is fixed with Bayberry Road. The basin at the beginning would need to be moved down the road closer to the wetlands where he would be able to get the elevation. The larger basin would need to be raised and the cul-de-sac would also be raised considerably. The Board discussed wet basins being taken out of the regulations year ago due to the issue of mosquitos. Mr. Watson informed that before the revision of the stormwater handbook, a wet basin basically equated to a swamp, now they are called stormwater wetlands. The design chosen is a deep basin so that there are not as many contours but it will have a pool of water.
Mr. Ventresca stated that it is at the Board’s discretion if they would like to approve a subdivision based upon grade, water conditions and the amount of fill used. A design like this one looks like a low-impact development that is looking to decentralize the basins. Instead of large basins, you have much smaller basins and lots spread out. This would help alleviate concerns instead of having large open bodies of water. Ideally, if this could have been done at Bassett Knoll instead of 3 to 4 larger basins it would have been better; you lose a lot when you design more basins. In the initial review, the applicant had the basin more than six feet deep, which would need to be registered as a dam.
Mr. Watson stated he will be able to change the design of the basin; and, he is confident that the basin would not need to be registered with DEC. If the Board allows the site to be lowered, the foundations are coming up higher. Mr. Andrade asked if this is a development where a 150 feet frontage would need to be required.
Mr. Ventresca stated that each site is its own and how it works within the regulations. Having two feet separation from ground water is smart and prevents contamination of ground water by allowing filtering out. Mr. Andrade asked what other Towns are doing for cluster developments. Mr. Ventresca informed that he has seen lower impact developments in other towns. Some developers stay away from the basins and whatever the design is they make sure that it dries out; no standing water and they are private entities which are not maintained by the town.
Mr. Andrade advised that this is for a special permit and if the special permit is not approved, they would need to design for a regular subdivision with the required frontage.
Mr. Watson stated that they have opened up the amount for frontage, the homes in the straight away have between 134 to140 feet frontage.
Mr. Andrade asked if there is something that can be imposed for the houses for side yards. Ten feet is not going to be enough if fill will be over 4 feet. Mr. Watson discussed the measurements between properties and the fill measurements on the side of the each home. Mr. Ventresca suggested staggering the construction of the homes.
Mr. Iafrate stated that the Board could limit the height of foundations not being more than 5 feet over the crown of road and that would help with grading in the front yard. Mr. Andrade doesn’t want to impose a requirement that they cannot meet based on the water table in the area. He feels that the larger size yard on each side of the house would be the solution. Mr. Watson reviewed measurements of the side yard and mostly are well over 20 feet.
Mr. Andrade discussed guidelines of 20 feet for side yard in a cluster development.
Mr. Iafrate informed that Article 18 requires 30 feet between buildings. He suggested 50 feet between buildings, 25 feet of side yard per building.
The proposed design is for wet basins and Mr. Andrade has not heard back from Highway Superintendent Ed Buckley on his opinion of wet basins. Mr. Buckley has expressed concern about the maintenance and cost of the basins.
Mr. Watson said they are proposing something with less maintenance, less mowing. A concern of Mr. Buckley on the initial proposal was the chain link fence that has been changed to a post and rail fence.
Mr. Andrade informed that Bayberry Road is not an accepted way. An account was found in the amount of $17,400 for road work. Mr. Andrade spoke to Mr. Buckley and discussed the need to recoat the roads. Mr. Buckley is working on getting pricing for resurfacing the roads. The proposed road cannot be accepted until the other roads are accepted. If the Board approves, Mr. Andrade suggested pavement for Pleasant Street / Bay Berry Road up to the proposed development.
Mr. Fountain feels that Mr. Iafrate idea is good in putting a distance in between. Mr. Andrade stated that this could be an added condition for the special permit.
Mr. Watson discussed the basin and fill at the end of the cul-de-sac.
Mr. Andrade stated that if wet basins are used, they will need to make sure there is mosquito control in place and the wet basin used will be a modern design rather than an open water pit.
Mr. Ventresca informed that during construction of the basins, as-builts could be submitted for review. Mr. Andrade agreed that as-builts along the way is a good idea.
Mr. Andrade asked if the Board is in agreement with the wet basins. Members liked the ideas of wet basins. He asked Mr. Ventresca to communicate with Mr. Buckley regarding his opinion on wet basins.
Mr. Watson asked if they were heading in the right direction with the increased frontage on lots.
Mr. Andrade stated that he was pushing to go back to the initial design of 20 to 21 lots, but is willing to leave plan as is as long as paving is completed from Bayberry to Pleasant Street. The paving should not be costly, no milling just overcoat. Mr. Ventresca will communicate with Mr. Buckley at the Highway Department regarding the paving. Mr. Watson requested a continuance.
MOTION: Moved by Mr. Fountain to continue the public hearing for Raynham Preserve East Subdivision Plan until August 1, 2019 at 6:10pm.; seconded by Mr. Driscoll. Discussion: None. Unanimous vote (4-0-0)
7:34 pm – Mr. Chris Gallagher arrived
Mr. Andrade communicated with the applicant regarding Form J which is signed. The Board is waiting on a cash security from Long Built.
Mr. Andrade informed that Ms. McKenney researched Tri-partite Agreement and funds are secured in the amount of $640,000 with no expiration date.
Mr. Andrade informed that he had visited the site and there is a telephone pole two feet from the entrance. Board members discussed the regulations and set-back for the installation of poles. Mr. Gallagher informed that a request can be forwarded to TMLP to move the pole.
General Business:
- Invoices/ bills payable signed
- Minutes: June 6 and June 20, 2019: MOTION: Moved by Mr. Fountain to waive the reading and approve the minutes of June 6 and June 20, 2019; seconded by Mr. Teixeira. Discussion: None. Unanimous vote (5-0-0).
Correspondence:
The Board received correspondence from Mr. Gordon Luciano regarding an opening on the TIF Board. MOTION: Moved by Mr. Fountain to appoint Mr. Andrade to the TIF Board; seconded by Mr. Andrade. Mr. Andrade amended the motion to appoint Mr. Driscoll as the TIF Planning Board representative. Unanimous vote (5-0-0)
Correspondence was received from Ed Buckley regarding Cumberland Farms. Mr. Gallagher suggested the correspondence be presented again when the application comes before the Board.
CVS-Broadway – Certificate of Occupancy: Mr. Iafrate and Mr. Ventresca conducted a site visit on Monday morning and all the improvements other than stabilization have been complete. The building is complete and ready for occupancy. For landscaping stabilization, $8,000 in securities has been received. The applicant requested an occupancy permit so that they could open on Sunday.
MOTION: Moved by Mr. Teixeira to allow CVS to receive their Occupancy Permit; seconded by
Mr. Andrade. Discussion: None. Unanimous vote (5-0-0)
Whippoorwill Estates completion: The Board received correspondence from the applicant on the completion of the road; and, it is their intention to finish Partridge Lane by 2020
Planning Board Rules and Regulations: Mr. Andrade informed that the Board has requested the assistance of Nitsch Engineering to revise the Board’s rules & regulations as well as any necessary drawings for drainage and road layouts.
Mr. Andrade read the Scope of Work. The cost for the Scope of Work will be $3,500, $205/hour which is between 15-20 hours. Mr. Fountain asked about funds available. Mr. Andrade assured the Board that there are funds available for this service.
MOTION: Moved by Mr. Andrade to approve the contract for the Scope of Work as read at a cost of $3,500. Any amount over $3,500 will need to be revisited; seconded by Mr. Driscoll. Discussion: None. Unanimous vote (5-0-0)
SRPEDD Update:
- Mr. Teixeira informed that SRPEDD is expecting the South Coast Rail to be in operation by September 2023-Middleboro Line.
Planner Update:
- There is a public hearing scheduled for August 1, 2019, for ATG Land Holdings, Paramount Drive, site plan.
- Mr. Iafrate will be attending a meeting with SRPEDD on August 13th for the Master Plan of the Town. SRPEDD will be putting all the information together and forwarding to the Planning Board. Mr. Andrade suggested notifying the Selectmen on the idea from SRPEDD
7:46pm – Mr. Andrade left the meeting room and will not be returning
Mr. Fountain requested a recess. Board members concurred
7:53pm – Meeting reconvened
6:35 pm Raynham Riverwalk Adult Retirement Community: Mr. Ryan Prophett, attorney on behalf of Raynham Riverwalk LLC, was present along with Steve Gioiosa, P.E., Sitec Engineering, Dartmouth, MA. Correspondence dated July 8, 2019, was received from Sitec.
It was noted that during the last meeting, the Board requested the project review engineer be present at the meeting to review the plans. JC Engineer, Wareham, MA, is the review engineer for this project, not Nitsch Engineering. Mr. Iafrate informed that JC Engineering was not able to attend tonight. Mr. Fountain noted that the plans have changed considerably and it would have been a good idea for the engineer to be present.
During the last meeting, the design was reviewed and everyone was in agreement with the suggested changes. Mr. Iafrate provided a punch list from the Zoning Board of Appeals (ZBA). The list was given to the ZBA on a request for three variances: 75 feet setback with regards to the back of lots 34-45; RV storage area to be placed in the 75 foot buffer zone; and emergency access. The ZBA allowed the variance for the 75 foot setback of lots 34-35 and the emergency access road. They denied the variance for the RV storage to be placed in buffer zone. A design change for the RV storage has been made and the storage area moved. Also, they have taken away any units in the residential portion of the property. Mr. Fountain stated that the removal of the units were due to the Town meeting vote. Attorney Prophett agreed that it was due to the Town meeting vote and they had applied for a variance but it was withdrawn prior to the ZBA meeting.
Mr. Gallagher stated that ZBA does not have the authority to grant a use variance. Attorney Prophett does not have the review letter from the engineer, but the revisions in the plans will decrease the run off.
Attorney Prophett asked for approval on the Subdivision and Special Permit subject to JC final review.
Mr. Gallagher did not know the application was coming before the Board tonight. He did not review the plans and would like to see the plans that were submitted for the ZBA approval. He read the ZBA decision but it does not refer to any plans and it is a little vague. Another issue is the buffer which is located in the residential zone. No part of the ARC can be allowed in the buffer zone.
Attorney Prophett read the by-law where it allows the use of the buffer zone. Mr. Gallagher does not agree as he was present when the by-laws were written.
Mr. Fountain reviewed the plan; Lots 33 - 36 are in the residential zone. Mr. Gioiosa was present and informed that Lots 34 and 35 are non-buildable lots. The lots are noted on the recordable plan as such.
Mr. Iafrate informed that he had the same concerns as Mr. Gallagher so he reached out to Town Counsel and his opinion is that he does not believe it is against the By-Law to have an improvement over the residential zone, just cannot have a dwelling in the residential zone.
Attorney Prophett stated that ZBA made a decision and it was not appealed. Mr. Gallagher feels that it was not in the ZBA’s power to make the decision because it is a use variance.
Mr. Fountain said that he would like for the engineer to be heard before a decision is made.
Mr. Gioiosa informed that specific changes were made to the plans since the last time. Last time they came in with a change for access from the cul-de-sac from Wall Street out to Church Street. Original design called for a more formal roadway with full road construction out to Church Street. With concerns expressed by Board members and residents, this was eliminated and replaced with roadway for emergency access. The emergency access would consist of a paved apron from Church Street. The road slopes back away from the street so that is not draining onto the street. Breakable/foldable bollards are being proposed for the entrance and cul-de-sac area with sign stating for emergency access only. The RV storage area has been moved to the club house area and the size has been reduced. The parking area has been repositioned and has a potential to increase by four additional spaces. The project has gone from a 49-unit project to a 44-unit project. They believe the four spaces for RV/boats are adequate and these spaces will be first come, first served.
Previously there were discussions regarding the width of the main roadway. Pavement on Wall Street and Park Ave has been widened to 24 feet and 22 feet respectively, with Cape Cod berm on each side. The drainage was reanalyzed; there is a net decrease to impervious surface.
Mr. Gioiosa spoke to JC Engineering and their review should be ready by the end of next week.
Mr. Gioiosa informed that they have reduced one lot in the location of Lot 1-6, and the common driveway is located between lots 1-4.
Mr. Fountain asked Mr. Gallagher to present a synopsis for the next meeting of what lots he has concerns with.
Mr. Teixeira requested a copy of the minutes from the ZBA meeting for this project.
Attorney Prophet presented a copy of the Zoning Officer determination.
Mr. Fountain asked for the dimensions of the community center building. It is 40 ft. x 20 ft.
Attorney Prophet stated that this plan has been in front of the Board for a year. He feels that it is not going to be approved no matter what changes are made.
Mr. Drew Knappik, 494 Church Street was present. He read a letter from his neighbors and himself expressing concerns regarding the ARC construction. Mr. Knappik discussed the move of the RV/boat storage area and the move of the wetlands. Mr. Fountain stated that they will review the engineers report before answering questions.
Mr. Iafrate stated that Article 18 can be read in several different ways and interpreted in different ways, which is why he reached out to Town Counsel for his opinion. Mr. Iafrate suggested the Board give the applicant direction on the project for the next meeting. He asked if the Board needed an opinion on the ZBA decision from Town Counsel. Members felt that they can interpret the decision themselves.
Mr. Gioiosa informed that the only change on the plan that was shown to ZBA was the RV storage.
For the next meeting, Mr. Knappik asked for the actual measurements from cul-de-sac and access road to abutting properties and for them to be mentioned in the meeting so the measurements can be entered into the record. He also added that the Chair of the ZBA stated that he was not clear of what a buffer even meant, but his comment might have been after the meeting.
Mr. Gallagher stated that conditions can be added to a Special Permit.
Attorney Prophett said the by-law states that a property can have a split zone.
MOTION: Moved by Mr. Fountain to continue the Public Hearing for Raynham Riverwalk Adult Retirement Community to August 1, 2019, at 6:30pm.; seconded by Mr. Gallagher. Discussion: None. Unanimous vote (4-0-0)
There was no further business. Mr. Fountain moved to adjourn; seconded by Mr. Teixeira. Unanimous vote (4-0-0). The meeting adjourned at 8:45 p.m.
Respectfully submitted,
Russell Driscoll, Clerk