Planning Board meeting

Planning Board Meeting

June 20, 2019

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

Board members absent:   Christopher Gallagher 

Also present:                   Robert Iafrate, Building Commissioner/Planning Coordinator    

                                     Maureen McKenney, Administrative Assistant                               

6:07 p.m. - Mr. Andrade opened the meeting and announced it was being audio and video recorded.

Discussion with Steve Ventresca was tabled to later in the meeting.

Greystone Estates subdivision:  Frank Gallagher, P.E., Foxboro, MA, and applicant Marcus Baptiste, Berkley, MA, appeared before the Board with a revised subdivision plan.  Mr. Gallagher explained the changes:  street trees are shown every 40 feet, which eliminates the waiver request; the cul-de-sac is short approximately two feet of pavement radius; the roadway is “super elevated” and is pitched, not crowned; catch basin was added at the cul-de-sac; there is closed drainage system to the basin; the system is designed for volume of 100 year storm; spillway was added.  He noted that because the plan is three lots, it technically doesn’t need to meet the storm water requirements, but most of them are met; there is 80% removal of suspended solids; and, the plan is “pretty close to all standards” that it doesn’t need to meet.

Mr. Fountain asked if the estate lot, Lot 4, will be using a driveway or the subdivision road as their entrance.  Mr. Gallagher said the Board can condition the special permit for the estate lot to use either one way or the other for their entrance.  He noted the swale is not on the same side as the estate lot but Granite Street will be a private road.  Mr. Andrade noted the Board has talked about keeping the estate lot driveway off the subdivision road, and the street trees every 40 feet will give the subdivision road privacy. 

Mr. Gallagher discussed the no-cut easement along the boundary with Parkwood Drive properties.

Mr. Ventresca was now present.  It was noted the plan was sent to him on June 19th; he will review the revisions and discuss with Frank Gallagher.

Marilyn Belanger, Locust Street, asked where the estate lots will enter and exit.  Mr. Andrade said this plan won’t change, one estate lot will use Locust Street, the other estate lot will use Forest Street parallel to the subdivision road.   He noted if that changes on the plan, applicant will have to start over.

Mr. Iafrate stated the plan has come a long way, they’ve done a good job.  He asked if there is landscaping or stonework to identify the subdivision entrance.  Mr. Baptiste agreed to provide something for that purpose.  Mr. Iafrate requested the road be identified as a private, dead-end road. 

It was agreed the applicant will work with Nitsch for the July 18th meeting; the special permit application for the estate lots will be filed in time for the July 18th meeting as well.  Mr. Baptiste informed the Board he is either doing plantings or reimbursing the Parkwood Drive abutter for plantings. 

Mr. Iafrate requested the waiver list so a certificate of action can be drafted.  The public hearing was continued to July 18th, 6:05 p.m.  Mr. Andrade stated there should be no changes to the plan.

6:30 p.m. Discussion with Steve Ventresca of Nitsch Engineering:  Mr. Andrade noted that in the past, a review consultant from Nitsch would attend Board meetings but they no longer do.  He commented that some projects may be delayed without the reviewer present to discuss.  He noted Mr. Fountain has concern with recent review letters telling the Board what they can approve.  Mr. Ventresca noted that would be specifically related to waivers.  Mr. Andrade stated as chairman, he needs direction and feels it is less work for the Board but he understands Mr. Fountain’s concern.  He noted that recently, the letters seemed to change tone; and, Mr. Gallagher raised a concern the Board could be sued if they denied something a reviewer said to approve.  Mr. Driscoll noted correspondence seems to come at the last minute but he does understand the applicant is a part of that issue also. 

Mr. Ventresca agreed there were a few recent incidents of last minute response and apologized.  He explained the time needed for review depends on the work flow of his office; Nitsch is trying to maintain many relationships.  It was noted that the time applicants take to provide Nitsch with information varies.  Mr. Fountain suggested the Board could consider a rule that there will be no hearing if information is not sent to Nitsch three days prior to a meeting.  Mr. Andrade doesn’t like using time frames; they can continue hearings if necessary; and, it is the Board who makes final decisions. 

Mr. Ventresca explained that after tonight, he will be free to attend Planning Board meetings.  Mr. Iafrate said it is difficult to stream line the review process because plans go back and forth but if Nitsch is here they can address some concerns, maybe to the point of voting.  Mr. Teixeira agreed it will streamline the process. Mr. Andrade noted some projects can be years old, which can be a problem. 

It was agreed Nitsch will be added to the agenda distribution list.  Mr. Ventresca asked for direction on whether or not to provide opinion on waivers.  Mr. Andrade said as chair, he needs the opinion.  Mr. Fountain stated that as an attorney, it could be an issue in court if two engineers gave the okay to approve something but the Board did not approve, but because of nuances in situations, it would be different if Nitsch were present to discuss.  Mr. Teixeira thought it may be a wording issue but it is a positive move to have Nitsch present.  Mr. Iafrate noted waivers are subjective.  Mr. Ventresca agreed, citing the example of granite curbing versus Cape Cod berm.  Mr. Andrade noted there has been no court issue yet.

Brian Dunn, MBL Land Development and Permitting, Raynham, MA, addressed the Board and noted his firm makes recommendations for clients and Boards, they communicate with the chairman and others one week before a hearing, and the meanings of statements can be explained at a meeting.

Mr. Andrade noted the Board has had a good relationship with Nitsch for many years but it needs streamlining.  He informed Mr. Ventresca that the Board will be updating their rules and regulations and asked if Nitsch can provide time to assist without billing.  Mr. Ventresca will look into the matter.

6:51 p.m. 366 South Main Street/Children’s Development Center public hearing was reconvened.  Brian Dunn, President, MBL Land Development and Permitting, Raynham, MA, was present along with applicant Carol Measor, Raynham, MA.

Mr. Dunn explained revisions to the plan:  snow storage area was moved to the east parking area; graveled area was added for six future parking spaces; swale was added to the basin; spot grades at 2% were added due to concern with the slope.  It was noted this was done due to Mr. Gallagher’s concern with the building height.  No additional waivers are requested.  Snow storage area is 25 feet from the property line; arborvitaes were added at the property line.  There was concern with the arborvitaes due to salting and the deer but Conservation Commission has stated no salting will be allowed.  Mr. Dunn suggested a condition of a three year growth period with replacement of trees if they die.  After discussion, it was agreed a white vinyl fence will be used for screening.  It was noted that applicant wants to keep the trees on the west side of the property.

The special permit request for parking reduction was discussed.  Mr. Iafrate noted the applicant is just showing that the additional six spaces can be done if needed.  It was agreed the special permit reduction would be from 29 spaces to 23 spaces with 17 spaces constructed now and space set aside for future six spaces to be completed if required as shown on the plan if required by the Zoning Enforcement Officer; Mr. Fountain so moved; second Mr. Driscoll.  Motion passed 4-0-0.

Plan waivers as shown on the front plan sheet were discussed.  Mr. Fountain moved to approve site plan for Proposed Children’s Development Center Permitting Plans, 366 South Main Street, dated March 12, 2019, last revised June 20, 2019, prepared by MBL Land Development and Permitting Corp., with waivers from Sec. 6.5, as previously voted by special permit; Sec. 5.1.5, to allowed painted island; Sec. 5.4, to allow parking between the building and street, and Sec. 5.7.3, to allow driveway access aisle to be within 40 feet of property line; and, with condition requiring a change on landscaping plan to remove plantings shown on plan Sheet L-1.0 on east side of the property at the parking lot so there is adequate place for snow storage and to be replaced with a six-foot, white vinyl fence on the east side of the parking lot as seen on plan Sheet C-5.0 as snow storage area; second Mr. Driscoll.  Motion passed 4-0-0.

7:10 p.m. Raynham Preserve East subdivision public hearing reconvened.  Lee Castignetti was present on behalf of applicant, Long Built Homes, New Bedford, MA, along with Evan Watson, P.E., Prime Engineering, Lakeville, MA.

Upon question from Mr. Andrade, Mr. Castignetti stated the plan was filed under the name Long Built Homes; and, Claire Harris did sign the application.  Mr. Andrade discussed that minutes from the Board’s meeting on July 20, 2017, refer to 20 lots on the plan; the road length was okay as long as it did not exceed what was allowed; Nick Harris had requested one additional lot for affordable housing credit but the number of lots was held to 20.  On April 5, 2018, John McGarry, Sewer Superintendent, was present and discussed there was no gravity sewer possible. 

Mr. Andrade noted a by-right plan determines the number of cluster lots possible; the Board had agreed to extend the road length but this is longer than the road of 1996.  Mr. Castignetti said it was not.  Mr. Andrade discussed the Henderson plan; Mr. Castignetti said that was not recorded.  Mr. Andrade discussed that Lots 24, 23, 22 and 21 are not shown on other plans as able to be built on.  He asked if the Board doesn’t approve an open-space plan, can a by-right plan with the detention basin as is.  Mr. Castignetti said if that is the direction they are told to go in.

Mr. Andrade said he doesn’t understand how the plan went from 20 or 21 lots to 24 lots.  Mr. Castignetti said it was approved a year ago with a revised new plan of 24 lots; it was approved, so why are they discussing.  Mr. Andrade said because they got credit for the road length.  Mr. Castignetti said the Board should say what they want, but they approved the number of lots.  Mr. Andrade said there was a lack of information given; applicant didn’t say they had 20 lots.  Mr. Castignetti told Mr. Andrade not to publicly call him a liar or “misrepresentor”; he never misled and never will.  Mr. Andrade said Mr. Castignetti didn’t tell the Board back at the July meeting that they had 20 lots.  Mr. Fountain said he didn’t remember, it was years ago.  Mr. Andrade said applicant has to prove they can build the other lots.  He referred to the minutes when Mr. Castignetti said the plan presented was serving as the yield plan.  Mr. Andrade said he would take the blame for not reading the minutes to that meeting.  He stated the conventional plan as approved can be built.

Mr. Andrade said it was simple, prove they can built on Lots 21, 22, 23 and 24 with elevations, soil conditions and regular basins.  Mr. Watson showed the plan sheet he referred to earlier.

Mr. Andrade discussed the elevations and foundations.  He wants to get to the number of lots allowed for the open-space plan.  He noted there is a lack of ability to keep track of the ongoing project when they are here every six to eight months on development and road length.   Mr. Teixeira asked if Mr. Andrade wants 20 or 24 lots.  Mr. Andrade said he doesn’t believe three lots can be built on; he will be satisfied with 21 lots but they have the right to 24 lots as conventional plan.  Mr. Castignetti noted that does not include Perry land; the configuration could change. 

Mr. Andrade noted the plan would be 17 lots if the Board had not waived the 1350 road length but applicant still needs to prove they can build the lots; the sewer department said the gravity feed sewer doesn’t work here.  Mr. Castignetti said the plan has evolved; they are tying in to Raynham Preserve/ Bassett Knoll so the sewer issue has been resolved.  Mr. Andrade said the number of lots is still needed. 

Mr. Castignetti said 24 lots were approved but it’s being said 21 lots.  He asked for a compromise of 22 lots and the Perry land.  Mr. Andrade said 21 lots is very fair compromise, it will be a better road for the town.  Mr. Fountain said he is not blaming anything; it’s been 20 years, four or five developers, engineers and plenty of confusion.  Mr. Andrade said it’s a non-issue.  Mr. Castignetti said it isn’t a non-issue, they said 24 lots; 24 lots were originally approved; the Perry land added four lots to make 28; now the Board is looking to cut back to 25 lots.  Mr. Watson noted there was a vote to approve the yield plan and Perry land so he went forward with open-space plan for 28 lots; the plan were assembled per zoning requirements. Mr. Andrade noted the issue goes back to 1996.

Mr. Fountain asked about the 1350 ft. road.  Mr. Watson explained the overall length of the road.  Mr. Andrade said they are not taking anything away, the plan was approved.  They will look at the open-space plan and make a decision or go with the other plan.  Mr. Castignetti said they have proceeded in good faith based on the Board’s information.  Mr. Andrade said the Board acted on the information they had.  Mr. Fountain suggested asking Nitsch if the four lots in question are buildable.  Mr. Andrade said they can, but one lot will need 12 ft. foundation.  Mr. Fountain asked if the lots are strictly buildable, but in the spirit of the by-law, they aren’t; Mr. Andrade said yes, that is what he is saying.

Mr. Driscoll said if the Board approved the lots, they have to live with that; they should have had information before; the road length waiver locks them into the number of lots.  Mr. Fountain noted that along the way, the number got changed by someone before the Board and the Board went with that instead of digging through 30 years of records.  Mr. Andrade stated he just said they can exceed the 1350 road length with the original plan but they had to show they could build.

Mr. Castignetti and Mr. Watson both said they have done that but the level of engineering and details were not shown.  Mr. Fountain noted that waiving the road length is giving 12 to 14 lots, which is a pretty good gift.  He will go for 21 lots and the 4 Perry lots for an open-space plan.  Mr. Teixeira asked about the 24 lots approved; Mr. Andrade said that only goes away if they proceed with a cluster plan.

Mr. Watson stated they had a 24 lot preliminary plan and then were asked to contact Perry’s to discuss their land; the plan was then revised and resubmitted; the plan was reviewed and approved as a yield plan for an open-space development; and, all documents were provided to Nitsch for review.

Mr. Teixeira agreed 24 lots were approved, “right is right,” this has been ongoing five years.  Mr. Fountain noted they approved 24 conventional lots but nothing was approved on the cluster plan and applicant wants 24 plus 4 lots.  Mr. Teixeira asked if applicant doesn’t want to do 24 conventional lots.  Mr. Castignetti stated no, they prefer open-space, and they have proceeded on the 24-lot design as directed by the Board.  Mr. Andrade noted they now want a wet basin versus a dry basin.  Mr. Fountain noted some lots are pretty questionable.  Mr. Andrade said they could proceed and see what the open-space looks like; they have to prove they can do what they are asking for.  Mr. Castignetti thought that was “non-sensical” because the open-space special permit needs a super majority; the Board is asking for something different now than what was approved. 

Mr. Watson addressed Nitsch comments:  he has met with the sewer department to discuss the sewer issues; he is developing a plan to cross land to get to Paddock Road and will submit a plan the Conservation Commission to lower the sewer line, then the road and lot grades can be lowered.  Also, a drain swale can be eliminated.  He noted that regulations require a basin be 2 feet over the water table; he discussed the basin and existing grade and slopes.  They are now asking to create a pond.  He submitted photos of wet basins in different locations.  He discussed that dry basins have no wetland vegetation; there can be maintenance issues with dry basins; wet basins done per the storm water handbook would preserve natural features.  Mr. Andrade asked if the size of a wet basin versus a conventional basin was considered.  Mr. Watson said he wasn’t asked as part of the submittal because the plan was only approved as a yield plan so he didn’t need to provide calculations.  He noted it is important to provide amenities for an open-space plan; the open-space on this plan connects to the open space for Bassett Knoll and Whippoorwill Estates.  He showed a plan with the house lots, noting it will change; the latest Nitsch letter is based on this current plan.  Mr. Watson said he can address nine of ten Nitsch comments; the issue of the basin needs to be clarified; he feels wet basin would make a better open-space preservation plan.  Mr. Fountain asked if he wanted the wet basin; Mr. Watson said yes.  It was noted Mr. Buckley is still considering the issue.  Mr. Watson submitted information on wet basins.  He has not presented this information to Mr. Buckley but Mr. Buckley has said he would entertain the idea if there is less maintenance; Mr. Watson feels he can present information on less maintenance to Mr. Buckley.

Mr. Andrade said he is not sure why the Town changed to dry basins but it could have been because of mosquitos or safety.  Mr. Watson explained that if water depth increases in a wet basin, there can be fish that will then eat mosquito larvae; this can be an effective method of mosquito control.  The Board it sounds good, they need input from Mr. Buckley.

Mr. Watson discussed that the amount of fill can be reduced based on the sewer installation and possible wet basin.  Mr. Andrade noted they keep adding to the plan; it has changed since the 24 lot conventional plan.  He asked if elevations are changing.  Mr. Castignetti said the road elevations are changed but not the layout.

Mr. Iafrate noted Steve Ventresca is comfortable with wet basins and has designed several; and, Ed Buckley is getting more comfortable.  Mr. Andrade noted it seems positive but questions why Raynham changed.  Mr. Teixeira thought it might be mosquitos; Mr. Andrade agreed. Mr. Teixeira stated the drawback is the basins not being protected from falling into.  Mr. Fountain noted Johnson’s Pond is not fenced in.  Mr. Driscoll suggested basins in other places be checked.  Mr. Iafrate said Mr. Buckley is doing that.  Mr. Watson noted poste and rail fences are appropriate around the perimeter of a basin; it is a good way to bring people to the area.

Mr. Castignetti asked if it is a fair and reasonable compromise to proceed with 22 lots and the four Perry lots.  Mr. Andrade said he will look at, he is not looking to take away; it is important to look at elevations even with a wet basin.  It was noted no information is needed for the next meeting; Mr. Ventresca has information and Mr. Andrade will review also.

It was noted the open-space by-law is in place to preserve land.  Mr. Castignetti felt if open-space lots were to be increased to 30,000 sq. ft., trees could still be cleared and there would be less open space.  Mr. Fountain is okay with the 20,000 sq. ft. open-spaces lots in place now.

Mr. Andrade moved to continue the hearing to July 18th at 6:15 p.m.; second Mr. Fountain.  Motion passed 4-0-0. 

It was noted the Bassett Knoll project review account is in need of additional funds.  Mr. Andrade moved to increase the account to $10,000, so additional amount of $7,500 is needed; second Mr. Fountain. Motion passed 4-0-0.

Cost Estimate dated June 19, 2019, for Raynham Preserve-Phase 3, was received from Nitsch Engineering.  Lee Castignetti, Long Built Homes, was present to discuss.  Mr. Castignetti stated he was okay with the cost amount but was not sure about the 30% contingency requested.  Mr. Andrade explained the 30% contingency has been part of the Board’s regulations for years.  It was noted the Board is holding two Tri-Party Agreements, one each for Phases 1 and 2 of Bassett Knoll.  Mr. Andrade requested the agreements be checked to make sure they are current.

Mr. Fountain moved to accept the Cost Estimate for Raynham Preserve-Phase 3, in the amount of $427,330 per the Nitsch letter dated June 19, 2019; second Mr. Driscoll.  Motion passed 4-0-0.  Mr. Castignetti submitted a Form J to release Phase 3 lots; the Form J was not signed.

Number of lots to be released was discussed.  Mr. Castignetti informed the Board that a phasing by-law is illegal since the 2004 SJC decision outlawing phasing.  Mr. Iafrate stated the Board can vote to release lots when the bond amount is submitted.  Mr. Fountain noted the phasing by-law was temporary; Mr. Andrade noted phasing was in the plan.  Mr. Iafrate noted the Board previously agreed not to limit the lots released to 20.  Mr. Andrade said the goal was to get the plan done right. 

Mr. Castignetti will be submitting cash surety for Phase 3.  He informed the Board that curbing is ordered for Phase 1 and will be installed soon; the road had to be widened to meet regulations; Goldfinch Road will be paved in a month; Sparrow Way will be paved in the fall.

There was discussion about extending the sidewalk around the cul-de-sac when one side of the sidewalk is being waived.  Mr. Andrade cited correspondence from Ed Buckley and believes Mr. Buckley is not opposed to waiving the sidewalk extension.  Mr. Fountain believes Mr. Buckley wants the sidewalk extended around the cul-de-sac.  Mr. Iafrate talked to Mr. Buckley today, and said Mr. Buckley will leave the sidewalk issue to the Board but he does want granite curbing all around.  Mr. Teixeira felt the Board should be consistent with what was done in the past.  After discussion, it was agreed the sidewalk will stay around the cul-de-sac. 

Mr. Castignetti asked if the phasing issue was resolved.  Mr. Andrade said he will have Town Counsel look at the issue; and, he wants to make sure the Tri-Partite Agreements are current.

Mr. Andrade showed a recorded plan showing wetlands.  It was noted that plan was for Bassett Knoll and the wetland line goes to Bayberry Road. 

8:49 p.m. – Raynham Riverwalk Adult Retirement Community:  Correspondence was received from Ryan Prophett, Esq., Raynham, MA, requesting a continuance of the public hearing.  Time-to-act was extended to August 15, 2019.  Mr. Teixeira moved to continue the hearing to July 18; second Mr. Driscoll.  Motion passed 3-0-1 with Mr. Andrade abstaining. 

General Business: 

• Mr. Fountain moved to waive the reading and approve the minutes of May 2, 2019; second Mr. Driscoll.  Motion passed 4-0-0.
• Correspondence was received from Gordon Luciano, Interim Town Administrator, forwarding a citizen’s petition for a zoning amendment on Church Street.  Mr. Iafrate explained there was no public hearing on this request prior to this year’s Town Meeting so it is being submitted for the next Town Meeting.  He stated the Selectmen will be sponsoring but not endorsing the article.  Public hearing was scheduled for August 15, 2019.               
• E-mails were received from residents of Cardinal Circle who are concerned that the road is not yet finished.  The road still private, not maintained by the Town; owner is McLaughlin.  Mr. Iafrate informed that Mr. McLaughlin informed him he is lining up asphalt work to finish the road.  Mr. Andrade wants Mr. McLaughlin to know the concern with the road conditions.  Mr. Iafrate will look into the matter.

Planner Update: 

• A Planning Board representative is needed for the Capital Planning Committee. 
• CVS project is moving quickly.  They are hoping to open on August 1st.
• Christina’s Path final work is being done.
• Raynham Center Water District building at 708 Orchard Street is complete and a occupancy permit was issued.
• There will be a meeting with department heads for Cumberland Farms-Route 138 project.  The project is being designed for the Business District property only; the trees on the property will be left alone.  It was noted they can clear the trees if they want but the Board can ask for screening/buffer. 
• Harbor Freight went before the Board of Appeals for the pylon sign at the old Benny’s site.  The sign doesn’t conform today.  The Planning Board also must address signs that are over 120 sq. ft. in size.  The Board of Appeals made no decision on the pylon; Planning Board feedback is needed.

              Mr. Andrade noted he saw the ZBA meeting and saw the sign will be used for multiple tenants.  He quest-

             ioned why not keep the Benny’s sign, citing the example of Hill Top Steak House sign that was redone.       

            Mr. Iafrate noted that if the ZBA allows the larger pylon sign, it will come before the Planning Board.

• Two television screens will be installed in the meeting room for use during public meetings.

SRPEDD Update:  None tonight.

• Recording secretary position was discussed.  The recording secretary candidate cannot be present at meetings but will prepare the minutes from the recording tapings.  Mr. Andrade moved to approve; second Mr. Fountain.  Motion passed 4-0-0.
• Mr. Driscoll asked about the status of the Center Street traffic light.  There is no new update.

There was no further business.  Mr. Andrade moved to adjourn; second Mr. Teixeira.  Motion passed 4-0-0.  Meeting adjourned at 9:10 p.m.

Respectfully submitted,

Russell Driscoll, Clerk