Planning Board

Raynham Planning Board

Meeting Minutes

November 21, 2019

Board members present: Mr. Daniel Andrade, Mr. Christopher Gallagher; Mr. Russell Driscoll and Mr. John Teixeira

Absent:  Mr. Burke Fountain

Also present: Mr. Robert Iafrate, Building Commissioner/Planning. Mr. Steven Ventresca, Nitsch Engineering and Ms. Maureen McKenney, Administration Assistant

Mr. Andrade opened the meeting at 6:00  p.m. and informed the meeting is being audio and video recorded.

6:00 p.m.  Discussion with Ed Brennan – 217 Broadway:  A continuance of the matter was requested.  Mr. Andrade informed that the discussion will be put on the agenda for December 5, 2019, Planning Board Meeting at 6:00 p.m.

Mr. Gallagher stated that if Mr. Brennen is coming before the Board with an opinion, the request for the opinion should be coming from the Board not someone else.

Ms. Lorraine Nickerson, 36 First Street, Raynham, was present and asked for clarification on the comment from Mr. Gallagher. 

Mr. Iafrate informed that an applicant came to him and there was a gray area that Mr. Iafrate felt needed to be addressed before coming before the Board.  Therefore, he reached out to Attorney Pietnik and as of the start of the meeting tonight, Mr. Pietnik had not sent a written response.

The Board took the following agenda items out of order:

Planning Coordinator update:

• Mr. Iafrate presented a plan that was created for Carol Sullivan for Carol Drive in 2004 that was never recorded.  The Board is being requested to sign the mylar for recording purposes.  Because it is dated 2004, Mr. Andrade would like the opinion of Town Counsel.  Mr. Teixeira asked if the plan still meets the Planning Board Regulations.  Mr. Iafrate informed that it is a one lot subdivision with waivers for the roadway. 
• MOTION: Moved by Mr. Gallagher and seconded by Mr. Teixeira to accept the plan and resign.  Discussion:  None.  Vote 2-2 (Mr. Andrade and Mr. Driscoll opposed).  The plan will be tabled until the next Planning Board Meeting

6:13 p.m. – Mr. Gallagher left the meeting room and will not be returning

General Business & Correspondence: 

• Mr. Iafrate presented two sets of plans for the tree plantings at the Commerce Way hotel.  The applicant felt that the approved plan had excessive plantings.  Mr. Andrade would like to check the regulations on plantings and conduct a site visit as he has seen landscapers on site.  MOTION:  Moved by Mr. Teixeira and seconded by Mr. Driscoll to accept the Minor Modification predicated on the Planning Board Coordinator, Nitsch Engineering and Mr. Andrade verifying the regulations for plantings.  Discussion:  None.  Vote 3-0 (Unanimous vote)

6:15 p.m.  Public hearing:  Raynham Preserve East open-space subdivision plan.  Mr. Lee Castignetti was present.

Mr. Andrade requested a telephone conference call with Mr. Burke Fountain to participate in the discussion for this hearing.

MOTION:  Moved by Mr. Andrade and seconded by Mr. Teixeira to allow a telephone conference call to Mr. Burke Fountain to participate in the discussion for Raynham Preserve East, Open Space Subdivision Plan.  Discussion:  None.  Vote:  3-0 (Unanimous vote)

Physically present were Mr. Dan Andrade, Mr. Russell Driscoll and Mr. John Teixeira.

Mr. Burke Fountain was contacted and no one else was present with him on the phone call.

Proposed Certificate of Action and waiver list was presented to the Board.

Mr. Andrade informed that he had suggested one change to Mr. Ventresca who spoke to the applicant’s engineer.  Mr. Buckley, Raynham Highway Superintendent also suggested two small changes which have been addressed.  Mr. Iafrate contacted the Water Department and they are comfortable with the Planning Board approving the plan although the applicant will still need to go before the Water Commission, and if they deem any change to be made, they will do so at that time.

Mr. Andrade read a special condition that was added for a temporary landscaping slope easement and permanent street tree planting easement.  Mr. Fountain agreed with the easement especially to the Town and to have the Town named first.  Mr. Andrade asked for the Town of Raynham to be added to the wording for the Special Condition.  Mr. Castignetti agreed with the wording. 

Special Conditions suggested by Mr. Buckley was read including adding permanent markers to meet Raynham Conservation Commission standard requirement.

Special Permit approval: 

MOTION:  Moved by Mr. Andrade and seconded by Mr. Driscoll to approve the Special Permit

On A Roll Call Vote:  Mr. Driscoll – Yes; Mr. Teixeira – Yes; Mr. Fountain – Yes;

Mr. Andrade – Yes.  Vote 4-0 (Unanimous vote)

Special Conditions # 1-4 as read by Mr. Andrade: 

MOTION:  Moved by Mr. Andrade and seconded by Mr. Teixeira to approve Special Conditions #1-4.

On A Roll Call Vote:  Mr. Driscoll – Yes; Mr. Teixeira – Yes; Mr. Fountain – Yes;

Mr. Andrade – Yes.  Vote 4-0 (Unanimous vote)

Waivers as set forth in a letter dated November 21, 2019 for Subsection 7.5.2 of Section 7; Subsection 8.1 of Section 8; Subsection 8.5 of Section 8; Section 8.9; Subsection 8.11 a) of Section 8; Subsection 8.14 b) of Section 8; Subsection 8.14 c) of Section 8; Subsection 9.9 a) of Section 9; Subsection 9.10 a) of Section 9; Subsection 9.10 b) of Section 9; Subsection 9.17 of Section 9 and additionally, the applicant is requesting that the Planning Board make a determination, as is allowed under Subsection 7.5.7 of Section 7, that a landscape plan is not necessary because the only landscape features that are involved in this application are the street trees and the limit of clearing of the existing natural vegetation, both of which are shown on the definitive subdivision plan set.

MOTION: Moved by Mr. Andrade and seconded by Mr. Teixeira to accept the waivers as set forth in a letter dated November 21, 2019.  Discussion:  None.  Vote:  4-0 (Unanimous vote)

Subdivision Plan – Raynham Preserve East Open-Space Preservation Plan

MOTION: Moved by Mr. Andrade and seconded by Mr. Teixeira to approve the Raynham Preserve East Open-Space Preservation Plan dated January 25, 2019, revised date October 3, 2019, prepared by Prime Engineering for Raynham Investment Realty Trust,15 Flakeyard Lane, West Yarmouth, Massachusetts.  Discussion:  None.  Vote:  4-0 (Unanimous vote)

Special Permit for phasing:

MOTION:  Moved by Mr. Andrade and seconded by Mr. Fountain to waive the phasing requirement as set forth in the regulations for the Raynham Preserve East Open-Space Preservation Plan project.   Discussion:  None.  Vote:  4-0 (Unanimous vote)

6:40 p.m.  Phone conference call with Mr. Fountain was ended.

6:30 p.m.  Public hearing:  Cumberland Farms/883 Broadway site plan. 

The Board received a request for a continuance until the next Raynham Planning Board Meeting.  Mr. Iafrate informed that there is a meeting set with the applicant on December 4, 2019. 

MOTION:  Moved by Mr. Andrade and seconded by Mr. Teixeira to continue the Public Hearing for Cumberland Farms/883 Broadway site plan until December 5, 2019 at 6:30 p.m.  Discussion:  None.  Vote:  4-0 (Unanimous Vote)

General Business & Correspondence: 

• Invoices/bills payable - Invoices/bills reviewed and signed by members of the Planning Board.
• Correspondence:  Summary from site visit conducted November 18, 2019 for new Gulf station/convenience store on Rt. 44.  Mr. Iafrate informed that they allowed the station to open this week under temporary occupancy permit as they are pretty much all done except for a few items.  One item is a modified opening.  There was one opening shown on the plan that did not get constructed because Mass DOT Highway would not allow them to do so.  It was to be an exit only.  Mr. Ventresca felt that the remaining two entrances would be adequate to handle the traffic in and out of the site.  The applicant sat around for several months because they did not have a gas connection so they could not do the top coat or striping.  They did run a gas line in the parking lot, but they are still under LP Propane because the gas company needs to cross Rt. 44.  Most likely in the spring is when they will get the gas connection.  The two-unit retail building is not complete on the inside as they are waiting for gas and heat.  Gas pumps are operational, and everything fits good on the site with good traffic flow around the building.
• Vote to release CVS-Broadway site plan bond:  The Board received from DeMoulas Market Inc., North American Specialty Insurance, a request for release of the CVS bond in the amount of $8,000.  MOTION:  Moved by Mr. Andrade and seconded by Mr. Teixeira to release the CVS bond in the amount of $8,000.  Discussion:  None.  Vote 3-0

Planning Coordinator update (continued):

• Mr. Iafrate informed that he attended a kick-off meeting with SRPEDD and the new Town Administrator.  SRPEDD will be starting the Master Plan work sometime during the winter (January/February).  They are looking to develop some type of identity, something that will identify Raynham, for marketing purposes. 

SRPEDD update:  Mr. Teixeira informed that SRPEDD did not schedule a meeting during the month of November.

Plans to be signed:  No plans to be signed.

Adjournment:

MOTION: Moved by Mr. Andrade and seconded by Mr. Driscoll to adjourn from the Raynham Planning Board Meeting of November 21, 2019 at 6:54  p.m. with no new business to be discussed.  Discussion:  None.  Vote:  3-0 (Unanimous Vote)

Respectfully submitted,

Russell Driscoll, Clerk

Next Scheduled Raynham Planning Board Meeting:

December 5, 2019 @ 6:00  p.m.