Planning Board minutes

Planning Board Meeting

December 6, 2018

Meeting opened:                           6:00 p.m. by Christopher Gallagher, Chairman

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

Board members absent:             Dan Andrade

Also present:                               Robert Iafrate, Building Commissioner/Planning  Coordinator;   

                                                       Maureen McKenney, Administrative Assistant

6 p.m. - Mr. Gallagher opened the meeting and announced it was being taped and video recorded.

6:01 p.m. - Riverwalk Adult Retirement Community public hearing was reconvened.  Correspondence was received from Raynham Center Water District, November 13, 2018; e-mail from Edward Buckley, Highway Superintendent, November 15, 2018;  James Januse, Raynham Fire Chief, November 26, 2018; and, “Trip Generation Characteristics of Age-Restricted Housing”  was received.  Attorney Ryan Prophett was present as applicant’s representative.  Dan Andrade was not present at the meeting.  Mr. Gallagher explained he was concerned with the appearance of conflict of interest because a Board member is involved in this project, and to avoid that, bids were sought for another firm to do the engineering review on behalf of the Town.  The low bid for the review was received from J. C. Engineering, Inc., Wareham, MA, and was on par with the Board’s usual review consultant.    

Mr. Fountain stated he is fine with the firm if they are the lowest bidder.  Mr. Gallagher said they are.

Mr. Teixeira stated Town Counsel’s opinion was that the Board has the right to decide who reviews projects.  He has not had time to see all the paperwork submitted, but he is okay with this firm.

Mr. Fountain moved to hire JC Engineering, Inc., East Wareham, MA, not to exceed the quoted fee; second Mr. Teixeira.  Motion passed by unanimous vote (4-0-0).   Attorney Prophett asked if there would be discussion on the matter.  Mr. Gallagher stated no, it is a Board decision.  Mr. Gallagher explained he did not feel comfortable from the start with having the Board’s usual consultant; he feels this decision is best for both parties so there is “no appearance of impropriety.”  Attorney

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Prophett said he is okay with this but is concerned because Nitsch did the preliminary review for the project; his concerns were discrepancy in the fees and the delay in the project.  He noted Town Counsel had said there was no conflict in Nitsch doing this review.  Mr. Gallagher noted he previously spoke to the applicant, who said he was fine with this.  He stated the Board has voted and the project will be given to JC Engineering, Inc. 

Mr. Gallagher explained testimony will be taken tonight and asked that it be non-technical.

Steven Gioiosa, P.E., Sitec Engineering, Dartmouth, MA, appeared before the Board and explained the project:  it is an Adult Retirement Community (ARC) per the zoning regulations; located on the south side of Route 44, bordered easterly by the Taunton River and westerly by Church Street; 49 clustered ARC lots; boulevard style roadways; gated community; heavily landscaped entry; a turn- out area will be provided; the main road will go through to Church Street; proposed street names are Wall Street and Park Ave; lots will be 10,000 sq. ft. to 28,000 sq. ft. with 50 ft. frontage; Wall Street will be 18 ft. wide with porous pavement; the porous pavement cost more to install but it provides more green space, more recharge.  It was noted there are no subdivision around this area with the porous pavement, but Mr. Gioiosa will check for examples.

Mr. Gioiosa noted the goal is for a “green” development; the ARC will be private with a Homeowner’s Association; there will be conventional parking and parking for golf carts and bikes; small storage area will be provided for RV’s and boats; walking trails will be provided; the site will be left natural with very little clearing; and, supplemental drainage information for the pavement is provided.

Mr. Gioiosa noted traffic was a concern and a report by Institute of Transportation Engineers (ITE)       was submitted tonight.  Mr. Gioiosa discussed the peak hours, noting there will be less traffic with this project than a single family residential development or a commercial project; wetlands have been flagged and the project is before the Conservation Commission now; 8.4 acres of open space are required but 24 acres are provided as shown on the plan.

Mr. Gallagher asked if Mr. Gioiosa was aware that rezoning is needed on part of the site; Mr. Gioiosa said yes.  Mr. Gallagher noted there is already a street named Park Ave so that must be changed on the plan. He stated he wants more data on the porous pavement; he questioned if more salt is needed for a porous road; he is “shaky” on the narrow roads proposed considering the development is for elderly and typically road width is 24 feet.  He noted the Church Street entrance may have serious sight concerns and this needs to be addressed to prevent potentially dangerous issues.  Mr. Gioiosa agreed to look at the issue and provide additional data.

Sidewalks are being provided on one side; Cape Cod berm is proposed.  Mr. Teixeira said if the road is narrow, he prefers granite curbing.  He asked if there is land on Church Street that was turned over to a nature preserve, and noted if the road going to Church Street was looped to Christopher

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Way, it could eliminate problems with the hill and blind spot on Church Street.  He noted in his opinion most people won’t use the Rte. 44 access but will go to the light at Church Street.

Mr. Fountain had questions on how well the porous material, which is similar to that used at Town Hall, will work.  Mr. Gallagher explained, noting it results in a lot of weeds and required maintenance.  Mr. Gioiosa noted the material is very durable and will be professionally maintained.

Mr. Fountain asked that markers be put up on Church Street at the exit area for reference points for the Board; Mr. Gioiosa agreed to do so.  Mr. Teixeira said he prefers the road go to Christopher Way.

Drew Knappik, Church Street, addressed the Board, stating that at the preliminary plan hearings, he requested the Church Street exit be for emergency use only and was told the issue would be looked at.  He asked if there is a plan for a traffic light at the Rte. 44 access.  Mr. Gallagher commented that’s Mass Highway jurisdiction; he doubted they would get a light but maybe could get a turning lane.  It was noted Mass Highway will not approve any plan until after the Planning Board does.  Mr. Knappik noted the sight lines are better on Rte. 44 but it is harder to get out that way, which reinforces using the Church Street access.  He thinks the traffic is greater than shown in the statistics.

Mr. Gallagher agreed the majority would use Church Street but noted an over-55 development does not generate peak traffic flows.  He stated the biggest issue on Church Street is the sight line, not the traffic flows. 

Mr. Knappik asked about 18-wheeler trucks during construction.  Mr. Gallagher explained the Board can restrict hours and routes in the approval.  He suggested those concerned stay involved and put their concerns in writing.

Scott Leonard, Church Street, addressed the Board and noted this is a big project with no infrastructure changes being made; if the hill on Church Street is flattened, it could result in drainage changes and water issues.  He asked about illumination and street lights making a significant change, noting the nearby car dealership already impacts the area.

Mr. Gioiosa explained there will be lamp posts at each driveway but no light poles.  Mr. Gallagher said a light plan can be requested.  He noted an infrastructure change can be a double-edge sword but Sitec will look at the issue. 

Gerry Knappik, Church Street, addressed the Board and stated there are delivery vehicles from multiple businesses parked outside Brookside Circle and the car dealership, which cuts the road down to one lane; and, the unloading of vehicles on Church Street makes the area difficult especially when backing out. 

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Mr. Teixeira said he is often on Church Street and sees the traffic going down the road fast; he sees RV’s and car carriers parked on the side of the road.  Mr. Gallagher asked if Mr. Iafrate could talk to someone about the issue.  Mr. Iafrate will try but he noted the road at Brookside Circle is in bad shape. 

After discussion, Mr. Teixeira moved to continue the hearing to January 3rd.  Mr. Gallagher announced no new notices will be sent out.  

Mr. Knappik asked about the issue of shielding nearby houses with landscaping; Mr. Gallagher said that was brought up at the preliminary plan hearings.

7:05 p.m. – Doe Run subdivision (off Pine Street):  Copy of e-mail correspondence, dated December 6, 2018, from Town Counsel Edward Pietnik to Maureen McKenney was received.  Copy of e-mail from Edward Buckley to Maureen McKenney, dated December 6, 2018, was received. Construction Cost Estimate, dated December 5, 2018, was received from Nitsch Engineering.

Attorney Robert Shelmerdine was present as applicant’s representative along with applicants Frank Campbell and John

Noblin. 

Mr. Gallagher noted the following:  the highway department had drainage concerns; Attorney Pietnik had approved the bond subject to the listed conditions; Nitsch bond amount is $506,028;  Form J was submitted with the performance guarantee but needs to be filled out completely; and, the Board can accept the Nitsch dollar value and the bond with the listed conditions in Attorney Pietnik’s e-mail of December 6, 2018.

Attorney Shelmerdine provided the Form J with the exact lots shown: Lots 1,2,3,18 – 23 inclusive and 25 – 27 inclusive are requested for release, and all are in Phase I; the bond does not have Merchant’s Bonding Company signatures yet but Deer Hill Development LLC has signed and notarized signature.  Attorney Shelmerdine is agreeable to the Nitsch dollar value and is submitting the bond and Form J tonight for the Board to sign and hold until all signatures are received with final approval from Town Counsel.

Mr. Gallagher noted the lots on the Form J correspond to the bond numbered lots; the Nitsch dollar value is okay as is the letter from Attorney Pietnik regarding conditions.  It was agreed to have Town Counsel look everything over before final release. Attorney Shelmerdine noted the plan is not a Land Court plan; he agreed all is subject to Town Counsel okay.

Mr. Gallagher moved to approve and agree with the $506,028 Nitsch construction cost estimate value; second Mr. Fountain.  Unanimous vote to approve (4-0-0).  Mr. Gallagher moved to approve the performance bond submitted by Attorney Shelmerdine and reviewed by Town Counsel Pietnik

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subject to the three conditions Attorney Pietnik listed in his e-mail of December 6, 2018, to Maureen McKenney; and, final approval to be given by Town Counsel before the documents are released; and, the Board will be signing the documents tonight; second by Mr. Fountain.  Motion passed by unanimous vote (4-0-0).

 It was noted the flooding issues cited in Ed Buckley’s December 6, 2018, e-mail will have to be addressed.  The submitted documents were signed and held by the Board.

7:20 p.m. – Mastria Kia/1555 New State Highway site plan:  Mr. Iafrate noted he advised the project engineer he need not attend the meeting and he would update the Board.  The applicant is requesting a minor modification of the approved plan.  A retaining wall with fence was approved but applicant is seeking to raise the wall above the parking lot area elevation and to use chain-link fencing instead of pressure treated guardrail.  The changes will be shown on the as-built plan. 

Mr. Gallagher noted he discussed this earlier with Mr. Iafrate and saw it as a minor modification.

Mr. Fountain moved to approve the modification shown on plan entitled Mastria Kia, 1555 New State Highway Raynham, MA, Redi-Rock Wall Design Drawings, dated 10/29/2018, prepared by

J & R Pre-Cast, Inc., Berkley, MA; second by Mr. Teixeira.  Motion passed by unanimous vote (4-0-0).  It was noted the misspelling of the name Mastria on the plan is not an issue.

7:24 p.m. – Form A Plan-Pine Street Extension:  Ed Jacobs, P.E., Jacobs Driscoll Engineering, No. Easton , MA, appeared before the Board and reviewed the plan for the Board.  It was noted Lot 4 of a previous plan is now paved to the cul-de-sac on Pine Street and is being divided into the two lots shown on the plan.  The lots meet zoning requirements. 

Mr. Iafrate noted he reviewed the plan and it is okay, and Ed Buckley is happy with the paving done on the roadway.  Mr. Fountain noted there are no wetlands shown on the plan.  Mr. Teixeira moved to approve “Plan of Land Pine Street Extension in Raynham (Bristol County) Massachusetts November 7, 2018,” prepared for Briarwood Real Estate, So. Easton, MA, by Jacobs Driscoll Engineering; second by Mr. Gallagher.  Motion passed by unanimous vote (4-0-0).   Russ Driscoll signed the plan.

7:27 p.m. – DePuy/325 Paramount Drive site plan for parking lot and recreational fields:  Mr. Iafrate noted he advised the project engineer he need not attend the meeting and he would update the Board.  Mr. Iafrate informed that the project is complete, it is very well done and in conformance with the approved plan.  Applicant is seeking to close out the project. 

Mr. Fountain moved to accept the as-built plan “325 Paramount Drive Record Conditions Plan of Land Located in Raynham, Massachusetts (Bristol County) Prepared for Johnson & Johnson-DePuy

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Synthes & Gilbane Inc., dated December 4, 2018, prepared by Meridian Associates, Westborough, MA, as the final site plan; second by Mr. Gallagher.  Motion passed by unanimous vote (4-0-0). 

General Business:

Mr. Fountain moved to waive the reading and approve the minutes of November 15, 2018; second by Mr. Teixeira.  Motion passed on unanimous vote.

Mr. Gallagher noted letter dated December 4, 2018, was received from Brennan/Recupero/ Cascione/Scungio/McAllister, LLP, Attorneys at Law, requesting that the Innovation Park site plan submitted by ATG Land Holdings, LLC, be withdrawn without prejudice.  Mr. Fountain moved to accept the withdrawal request; second by Mr. Teixeira.  Motion passed by unanimous vote (4-0-0).  It was noted the site is permitted for the originally approved site plan.

Planner Update: 

• Mr. Iafrate submitted copies of the proposed by-law and design guidelines for a Mixed Use Overlay District on Route 138.  The by-law was sent to the Selectmen and if they approve it, it will move forward to a public hearing by the Planning Board prior to the Annual Town Meeting.

SRPEDD Update:

• Mr. Teixeira mentioned the State’s TIP program.  He will talk to Ed Buckley to see if he has any projects that may qualify for the program.
• The State has a “Safe Route to School” program that funds crosswalks and sidewalks, no buildings, and Town can apply to the program for funds.  Mr. Teixeira will forward the information to the school superintendent.

After brief discussion, Mr. Fountain moved to cancel the December 20, 2018, Board meeting; second by Mr. Gallagher.  Motion passed unanimously (4-0-0).

There was no further business and the meeting adjourned at 7:37 p.m.

Respectfully submitted,

Russell Driscoll, Clerk