Planning Board meeting

Planning Board Meeting

June 6, 2019

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

Board members absent:   (All present) 

Also present:                     Robert Iafrate, Building Commissioner/Planning Coordinator  

                                         Maureen McKenney, Administrative Assistant

6:02 p.m. – Mr. Andrade opened the meeting and announced it was being recorded.

Form A plan - Amanda Circle:  Mr. Iafrate explained the plan was prepared by Frank Gallagher, P.E., Foxboro, MA (Mr. Gallagher was not present.).  The land is owned by the Smith family, and a piece of a nearby drainage lot is being added to their property in order to add uplands.

Rick Smith, 156 Forest Street, Raynham, addressed the Board and explained the plan give more flexibility to locate their house being constructed.  It was noted the drainage parcel will be reconfigured; Mr. Andrade stated a minor modification to the Doe Run plan will be needed.  Mr. Smith explained they will be transferring title to this land and the plan will delineate lot lines.

Chris Gallagher and Burke Fountain each stated they will abstain from voting on the plan.

Mr. Andrade moved to accept the Form A “Plan of Land In the Town of Raynham, MA. Situated Off Of  Amanda Circle,” prepared for Locust Street Realty Trust by Gallagher Engineering, Raynham, MA, dated 5-30-19; second Mr. Driscoll.  Motion passed by vote of three in favor (Mr. Andrade, Mr. Driscoll, Mr. Teixeira and two abstaining Mr. Gallagher, Mr. Fountain).  Mr. Driscoll signed the plan.

General Business: 

• Payment schedule was signed to release project review funds to Donald E. Shute for previous Bassett Knoll plan.
• Mr. Fountain moved to waive the reading and approve the minutes of May 16, 2019; second Mr. Andrade.  Unanimous vote to approve (5-0-0).

6:15 p.m. Children’s Development Center/366 South Main Street:  Public hearing for site plan and special permit was reconvened.  Tracy Duarte, P.E., MBL Land Development and Permitting Corp., Raynham, MA, appeared before the Board on behalf of the applicant,

Ms. Duarte distributed revised plans.  She explained she worked with Nitsch to address their comment letter; Trip Generation data was used for traffic assessment; a Mass DOT study was done last year in this area and determined 702 vehicles traveled there in the peak hour between 5 and 6 p.m.;  this plan will be adding minimal to the traffic.

Also, the curb cut was pushed back for better slope and was widened; the swale has been improved; screening was added at the property line and the basin; 40 to 50 trees and bushes are being added. 

Ms. Duarte discussed the pitch of the parking lot.  Mr. Andrade asked if the plan can be stamped.  Ms. Duarte explained that everything is in the drainage report.  Mr. Andrade noted he has concerns because there is only one way in and out, all the water is going there and the most important part of the entrance could be a problem. 

Mr. Gallagher asked if there are sidewalks at the building.  Ms. Duarte said yes.  Mr. Gallagher noted they are only going down six inches so he sees what Mr. Andrade is saying.  Ms. Duarte noted they have to do as is in order to get water quality treatment.  Mr. Andrade said he is more concerned with safety.   Ms. Duarte explained Nitsch asked for the water quality treatment as is; Mr. Andrade has a problem with all the water going to the entrance and the request for a waiver on the 40 ft. distance from the property line to the opening.  Ms. Duarte explained there is 21 feet to the drive aisle.  Mr. Gallagher believes the entrance as it now is staked is the best spot.  Mr. Andrade is ok with that but has a problem with water shedding to the only way in and out because it is a “critical” spot on the site. 

Mr. Iafrate suggested that if the concern is to direct water away from the entrance, they can bring it off the parking lot to wrap around the swale to have it exit further from the entrance.  Mr. Gallagher said that is exactly what he suggested to Brian (Dunn) originally.  Mr. Andrade would be okay with eliminating the berm; Mr. Iafrate thought that would be difficult.  Mr. Gallagher said his and Mr. Iafrate’s suggestion was “easily doable.”

Mr. Fountain asked about snow storage.  Ms. Duarte explained it is being pushed to a 10 ft. opening at the swale. 

Mr. Fountain is concerned there is not enough parking.  Mr. Andrade has concerns with parking at functions/events.  Ms. Duarte said this is not a school, there are no graduation events.  It was noted parking on the street is illegal.  Mr. Fountain asked if the Board of Appeals found this was a preschool.  Mr. Iafrate said they found educational use.  Mr. Fountain asked what would happen if it is later decided it is a daycare.  Mr. Iafrate stated the zoning board can’t be reversed; the Board of Appeals reversed his decision.  Mr. Andrade noted the neighbors did not opposed; they are off the legal side of the issue.  Mr. Gallagher noted Mr. Fountain’s point is what would happen if the site is not used as it should be.  Mr. Andrade suggested a condition that if parking is found to be inadequate, they would have to return to the Board.  Mr. Fountain noted others have had to show they can provide parking if needed in the future.

It was agreed the screening looks sufficient.  There are lighting specs on the plan.  Waiver requests are on the plan.

Catherine Bryant, South Main Street, Raynham, addressed the Board.  She noted applicant is asking for special permit for 17 parking spaces and questioned if the parking would have to increase if the site is licensed for up to 52 children.  Mr. Andrade noted the Board wants more parking.  Ms. Bryant said if there is an increase in enrollment due to the building size, more parking would be needed.  Ms. Duarte explained a study was done and the number used came from the students allowed.  Ms. Bryant stated this is not a school; it changes the character of the neighborhood by adding a business.  Mr. Andrade said he realizes that but it was not up to this Board.  Ms. Bryant said a school was portrayed to the Appeals Board.  Mr. Fountain noted Mr. Iafrate agreed but was overruled and others had 20 days to appeal the decision by law.  Ms. Bryant said not all read the Gazette.

Ms. Bryant said the Board should address the safety issues; no parking should be allowed in the road.  The Board said they were addressing issues and agreed no parking is allowed in the road.

Parking reduction to 17 spaces was discussed.  Mr. Fountain noted there were 10 employees; he is not sure if seven spaces are enough for others.  Mr. Teixeira noted the Nitsch letter referred to 18 spaces; it was believed that is a typo. 

Applicant Carol Measor, 74 Lakeview Drive, Raynham, addressed the Board and explained not all people drop off at the same time and seven families have two or three children dropped off.  She is licensed for 51 children but not all come in one day.  Mr. Andrade noted the site will be sold one day; the situation could change so adequate parking is needed.  Mrs. Measor said her daughter will take over one day.  Mrs. Measor noted the Board’s consultant said the parking was okay.  Mr. Gallagher said Nitsch did not agree on the parking, they said applicant should provide enough information to justify the request. 

Mr. Fountain asked about the teachers needed.  Mrs. Measor explained eight are needed for 54 children; she has 10 employees but not all there at the same time because all the kids are not there at the same time.

Mr. Andrade noted a change to the main entrance is needed; the request for a waiver on the parking aisles could add to the problem.  Mr. Gallagher said that was a simple fix by doing a swale. 

Mr. Fountain asked about the elevations and crown.  Ms. Duarte explained they are shown on plan Sheet 6; there are slopes but no crown.  Mr. Fountain asked if 44% pre-treatment is a must; it was noted that can be waived.  Mr. Andrade suggested that be looked at and if a waiver is needed, a reason must be provided.  Ms. Duarte said the 44% pre-treatment made things “tough.”

The 24 ft.-wide entrance was discussed.  Mr. Fountain questioned if it is adequate.  It was noted the by-laws say 24 feet, but the Fire Chief wants 28 feet. Mr. Andrade is okay with 24 feet here.  Mr. Andrade noted that part of the special permit would require adequate parking for any owner.

Mr. Gallagher and Mr. Iafrate discussed pitch, grading and contours.  Ms. Duarte explained what was shown on the plan.  Mr. Gallagher questioned if the building should be lifted up.  Mr. Teixeira suggested putting in the parking now instead of monitoring it to avoid problems.  Mr. Andrade cited the site plan the Board approved for Johnson and Johnson as an example for a condition.  Mr. Teixeira noted applicant is asking for half less what is required; they can do it now.

Mr. Driscoll questioned if a change in use would need to go to Mr. Iafrate.  It was noted this is a Residential A district, they cannot change the use.  Mr. Iafrate said there could be a condition for a change of ownership but that involves more work.  He believes they are trying to do a low-impact use in the Residential A district.  Mr. Teixeira said there could be something to that.

Mr. Fountain said they should find more room for parking and drainage to avoid ice sheeting.  Mr. Andrade said there could be a condition of more if so needed. His biggest concern is clogging and freezing at the entrance even though it is 20 feet back; Mr. Fountain agreed. 

Mr. Iafrate said the snow storage area needs to be changed to show five or six graveled parking spaces for future use and an outfall area needs to be added.  The Board agreed.  Mr. Andrade said no snow storage should be shown at the front of the site.  He likes the building shown.  It was agreed the plan needs to go back to Nitsch. 

The public hearing was continued to June 20th at 6:15 p.m.

7:12 p.m. – Raynham Preserve East public hearing reconvened.  Chris Gallagher left the meeting.

It was noted the estimate for the Bassett Knoll bond is not ready yet.  The matter was tabled.

7:13 p.m. – Michael Looney, 861 Pine Street, Raynham, addressed the Board regarding drainage issues.  Mr. Iafrate explained he visited the site last week; Frank Gallagher is designing a new plan; drainage and sewer lines will be adjacent; there is a need to work quickly.  He noted there is no presentation tonight but they are workingto finalize the sewer.

Mr. Andrade stated they all know there are problems, they are working to fix; it’s going in the right direction; the developer will have to return to make changes.  Mr. Looney noted the developer is not the contractor.  He asked how long this will take.  Mr. Andrade said that is out of the Board’s control but Highway Department and the engineer are working on it. 

Mr. Iafrate noted the Highway Department is working in conjunction with the developer.  He noted Mr. Looney is concerned with tying into the pipe; they are working on that and the plans are probably going to change.  Mr. Iafrate appreciates the concern with a schedule; there is incentive in the two houses being built.

Mr. Looney stated mosquitos are a problem; there are more now.  Mr. Andrade told him the Board is committed to getting this done; they will notify when the matter is on the agenda; the Board will discuss when they have a plan.  Mr. Iafrate said he can discuss with Mr. Looney.  Mr. Looney asked whose hand the issue is in now.  Mr. Andrade stated the applicant. 

Mr. Looney’s son addressed the Board.  He noted they are dealing with his physical issues; the matter might look good on paper but not in real life.  Mr. Andrade said he understands, they are not pushing this off.  He noted the situation was there before this but they developer may have added to it; the area is wet; the applicant will address the issue; they do not want to block the road so Mr. Looney can’t get out for medical reasons.

Michael Looney stated that for eight months there was a trench with water but nothing was done about it.  The Board agreed to keep him informed.  Mr. Looney said he doesn’t see wheels turning.

7:26 p.m. Raynham Preserve East subdivision:  Public hearing was reconvened.  Lee Castignetti was present on behalf of applicant Long Built Homes, New Bedford, MA.

Mr. Castignetti noted there is nothing from an engineering perspective for tonight but there was an issue raised with the number of lots on the plan. 

Mr. Andrade explained he has researched the matter.  The site has been through three developers, three to four engineers; a cul-de-sac at Bayberry was never done.  Mr. Castignetti said that was all behind now; Mr. Andrade said it is not.  He noted that if a member of the Board is not present at a meeting, he has no right to speak or address again; he was not here when the cluster plan was approved and he will respect the Board’s decision, but he is not confident the Board knew of a prior plan.  Mr. Castignetti said they were present at meetings.

Mr. Andrade noted Nick Harris was present often to discuss plans.  Mr. Andrade read from minutes regarding length of the dead-end road exceeding the 1350 ft. limit, noting that matter is “off the table” now.  He read from minutes stating that wetlands make the old road unfeasible; he read minutes of July 20, 2017, regarding the plan going from 21 lots to 20 lots.  

Mr. Castignetti noted Mr. Harris had a different engineer.  He noted the last approval in 2018 was for 24 lots.  Then Frank Gallagher spoke to the Board and indicated applicant is required to provide access to an adjacent property; and, at Mr. Fountain’s suggestion, the applicant and Frank Gallagher made arrangement to include additional four lots from that adjacent land.

Mr. Castignetti said in February 2018, there were 24 lots included in a conceptual plan and 24 lots were approved.  Mr. Fountain asked if they had 20 lots plus the abutter’s four lots.  Mr. Castignetti said no, they had 24 lots and the abutter’s four lots.

Mr. Andrade noted there is no question today’s design is better, including the other piece, but the question is how the plan got from 20 lots to 24 lots when using the same wetland lines.  He will look at the matter again to see how they got there with the same property involved and let the Board know his feeling on the matter.  It was noted the plan dated February 27, 2018, was being referenced.

Mr. Andrade discussed that grading plans are important for cluster developments to decide the number of lots; he discussed that 20,000 sq. ft. lots may not be enough for all lots in a cluster development.  Mr. Castignetti disagreed, stating it works well; the drainage and ponds are dry and functioning well; there may be an aesthetic problem but not a drainage problem.  Mr. Andrade noted the Highway Superintendent is concerned with runoff entering Town roads.  Mr. Castignetti said that was “preposterous”; he never heard it; the catch basins work.

Mr. Andrade asked if all lots on Bassett Knoll have elevations calculated into the drainage.  Mr. Castignetti said that was correct.  Mr. Andrade noted the Board has to look at the issue of there being five to six feet of fill at some lots.  Mr. Castignetti Mr. Iafrate was not the Building Commissioner when the plan was done; the plan doesn’t conform to what is being built; the elevations are higher.  Mr. Andrade noted that wet basins equal mosquitos, which is why the Town could do away with them.  Mr. Castignetti explained deeper water basins are not breeding grounds for mosquitos but shallow basins are.

Mr. Castignetti submitted letter dated June 6, 2019, regarding curbing at Bassett Knoll/Raynham Preserve.  He noted Ed Buckley prefers vertical curbing on the sidewalk side of the road and Cape Cod berm on the non-sidewalk side.  He submitted modified cross-sections for the Board’s viewing.

Mr. Iafrate noted this is exactly what Ed Buckley is asking for.  A change would be a request for a modification of a waiver that was granted.  The Board agreed they were okay with it if Mr. Buckley is.  Mr. Andrade will call Mr. Buckley to confirm; the June 6th letter will be addressed at June 20th meeting.  Mr. Andrade will look at the issue and keep all informed. 

The public hearing was continued to June 20, 2019, at 6:30 p.m.

Mr. Castignetti noted when a sidewalk is on both sides, it usually goes around the cul-de-sac.  Mr. Andrade informed him that the Board usually brings the sidewalk around the cul-de-sac.  Mr. Castignetti has never done it that way. Mr. Andrade asked if Mr. Castignetti is requesting not to do the sidewalk around the cul-de-sac; Mr. Castignetti answered correct.   Mr. Castignetti said he will build that way but it seems nonsensical.  Mr. Andrade said the Board will look at the issue.  Mr. Castignetti informed him that Ed Buckley said it was a Planning Board issue.    

7:56 p.m.  Raynham Riverwalk Adult Retirement Community:  Mr. Fountain read letter dated June 3, 2019, from Ryan Prophett, Esq., requesting a continuance to June 20th.  Time-to-act is July 18, 2019.  Mr. Fountain moved to continue the hearing to June 20th at 6:35 p.m.; second Mr. Teixeira.  Motion approved three in favor with Mr. Andrade abstaining. 

General Business: 

• E-mail dated May 16, 2019, was received from Anthony Lindens, Operations Manager, T-Scape Landscaping Services, Dighton, MA, requesting a change be allowed from the 4- to 4.5-inch diameter trees on the plan to 3- to 3.5-inch diameter trees.  Request is made because the larger diameter trees are hard to find.  Mr. Andrade moved to accept the request as a minor modification to the CVS, 240 Broadway project; second Mr. Teixeira.  Motion passed 4-0-0.
• E-mail dated May 20, 2019, was received from Becky (Sullivan) Mello requesting a refund of the $4,000 in the project review account for Carol Drive project.  Mr. Andrade moved to release the $4,000 providing the project is current on bills; second Mr. Teixeira.  Motion passed 4-0-0.  It was agreed no proof or recording is needed.
• Summer schedule was discussed. Mr. Andrade moved to cancel the July 4th meeting with the rest of the schedule will remain the same; second Mr. Teixeira.  Motion passed 4-0-0. 

Planner Update: 

• Cumberland Farms project on Route 138 is moving forward.  It is being developed in the boundaries of the business zone.  A pre-submission meeting will be held on June 12th.
• CVS project is on a fast pace; they want to open by mid-July. The applicant will work with Nitsch to finalize the plan.
• Mr. Iafrate will stay on top of the Pine Street issues.  Mr. Andrade requested an update of Doe Run plan for the June 20th meeting.  He asked that an update from Mr. Buckley also be requested.
• Christina’s Path is being completed.
• Harbor Freight:  The Board had recommended bollards on the plan.  The bollards were put in front of the entrance; Mr. Iafrate advised Harbor Freight that the Board wanted the bollards all around the area in front where cars will park.  The Board agreed that was correct.  Mr. Andrade wants to see the minutes of that meeting.    
• Funds have been appropriated for the Master Plan. Grant King at SRPEDD is interested in assisting.  Mr. Iafrate will ask him to help with revising the Board’s rules and regulations also.
• Mr. Andrade noted Nitsch will be here on June 20th.  He believes a Nitsch reviewer should be present again at meetings to help move plans along in a timely manner.  The cost will be paid from applicant’s project review accounts. 

SRPEDD Update: 

• The annual SRPEDD meeting was held at the Fireside restaurant.  Mr. Teixeira and Mr. Iafrate attended.  Michael Wynn, Barnstable Fire Chief and Homeland Security Counsel, was the main speaker.    

General Business:

• The payment scheduled signed earlier for release of funds to Mr. Donald Shute was discussed.  It was noted he may be deceased.  Mr. Andrade moved to have Ms. McKenney try to find out where the funds should be released; second Mr. Fountain.  Motion passed 4-0-0.
• Bayberry Road:  Mr. Andrade discussed that there is $17,000 in an account to finish the road work.  It was noted the money may have already been called by a previous Board and is in a Town account.  Mr. Andrade moved to let Mr. Buckley know the amount being held so it can be used to repair the roads; second Mr. Teixeira.  Motion passed 4-0-0.  Mr. Andrade noted the roads in question have not been accepted yet.
• Correspondence dated May 23, 2019, was received from Melissa Cryan, Grant Programs Supervisor, Commonwealth of Massachusetts, regarding the fact that Raynham’s Open-space and Recreation Plan has expired.  It was noted updating the plan could become part of the Master Plan or the Board can ask SRPEDD to address.  Mr. Andrade will look into the matter.

8:19 p.m. - There was no further business.  Mr. Teixeira moved to adjourn; second Mr. Andrade.  Unanimous vote (4-0-0).  Meeting adjourned.

Respectfully submitted,

Russell Driscoll, Clerk