The Raynham Planning Board meeting of August 14, 2003 opened at the Town Hall at 6:35 p.m. with Dan Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present.~ Also present was Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and John Schmid of Judith Nitsch Engineering, Inc.
6:36 p.m.~ Alan Micale, Ayoub Engineering presented Form A plan for Exxon Mobile site at 1266 Broadway.~ After review of the plan, motion was made and seconded to approve “Plan of Land in Raynham, MA prepared for Mobil Oil Corporation,” dated April 14, 2003; motion passed on unanimous vote.
6:43 p.m.~ Attorney Robert Shelmerdine,~Sharon, MA, appeared before the Board to discuss lot releases at Whippoorwill Woods subdivision.~ A Construction Cost Estimate was received from JNEI, dated August 13, 2003, estimating the cost to complete the subdivision at $341,319.~ The JNEI correspondence was discussed.~ Attorney Shelmerdine noted that six of the seven items on the estimate will be completed within a week.~
The proposed TriPartite agreement was discussed.~ Attorney Shelmerdine informed the Board that the changes requested by Attorney Antine were made, and he agreed to provide a letter from Attorney Antine confirming this.
After discussion, motion was made to request $13,646 for deposit into the project review account; motion seconded; motion passed by unanimous vote.~ Applicant agreed to submit the project review funds.~ After further discussion, motion was made to establish $367,000 as the performance guarantee for Phase I of Whippoorwill Woods; motion seconded; motion passed on unanimous vote.~ The matter was continued to September 11, 2003 for further action.~~
7:00 p.m.~ Discussion re. Finch Farms condos site plan.~ Correspondence was received from residents of Finch Farms indicating they approved of the elimination of the dumpster pad and change in curbing.~ Ann Marie Cady, 183 Leonard Street/Unit 7, submitted a letter dated August 7, 2003 from Coler & Colantonio re. “Basement Flooding Investigations” at Finch Farms condos.~ Recess was taken so Board members could read the correspondence.~~
7:08 p.m. Finch Farms site plan discussion reconvened.~ Board members agreed that the letter from Coler & Colantonio addressed several building related issues in which the Board had no jurisdiction.~ The letter will be forwarded to the Building Commissioner.~ After discussion, it was agreed that John Schmid conduct a site visit to determine if there are any drainage issues or other Planning Board issues on site.
Mr. Andrade explained to the condo residents who were present that Mr. Thiel was requesting a modification to the site plan so he could eliminate the dumpster pad and change from concrete curbing to asphal curbing.~ Developer Mike Thiel appeared at 7:15 p.m.~ He was given a copy of the Coler & Colantonio letter.~ Mr. Thiel informed the Board that as-built plans were submitted to the Board.~
After discussion, it was agreed that the only issues to be addressed by the Board tonight were the two modification requests and that if approved the waivers would apply to all lots.~ After discussion, Mr. Thiel agreed to notify all future condo buyers of the modifications.~ Mr. Andrade asked the residents if they approved of the change to asphalt curbing.~ The residents indicated they were in favor and no one indicated they were opposed. No one was opposed to the dumpster pad being eliminated.
Mr. Thiel asked the Board if he could proceed with paving at Phase II so he could stay on schedule with the other phases.
Mrs. Cady then informed the Board that she did not think the drainage was working properly.~ She explained several problems at the site after rainstorms.~ Bruce Peaslee, 183 Leonard St./Unit 7, also noted drainage problems at the site.~ Michael S., 175 Leonard St./Unit 7, stated that it would be helpful to pave and install the curbing now.~ Alice Rezendes, 183 Leonard Street/Unit said that she wanted all issues resolved because she was concerned for the future.
After discussion, it was agreed that Mike Thiel and John Schmid would meet at the site for an inspection and Mr. Schmid will issue a memo regarding outstanding issues.~ After discussion, motion was made to accept the minor modification to not require a dumpster pad at all five lots of Finch Farms Condos and to allow a change in curbing from concrete to monolithic bituminous curbing; motion seconded; motion passed by unanimous vote.~~
7:37 p.m.~ Sullivan/Mello definitive subdivision public hearing reconvened.~ Dan Aguiar, Sitec Engineering, appeared before the Board on behalf of applicant Rebecca Sullivan, who was also present.~ Mr. Carlson announced he would not be voting on the plan because he is an abutter.~
Mr. Aguiar reviewed the plan, dated May 15, 2003, with the Board.~ He explained there would be one buildable lot created and that applicant was requesting a waiver from full road standards.~ He explained that the proposed subdivision and roadway could be built to standards if necessary.~
Correspondence received:~ letter from Town Planner, dated August 14, 2003 and Memorandum from JNEI, dated August 13, 2003.
Mr. Andrade asked if anyone present was favorable or opposed to the plan.~ Ed Silvia, Leonard Street, told the Board that he was concerned with excess water flowing onto his property.~ Mr. Harold Holmes, Leonard Street, expressed the same concerns.~ John Schmid explained how the proposed drainage would work to prevent such problems.
After discussion, the public hearing was closed.~ A motion was made to accept the plan entitled “Definitive Subdivision Plan of Land~Located off Carol Drive in Raynham, Massachusetts,” dated May 15, 2003, last revised August 14, 2003, drawn by Sitec, Inc., with stipulations and conditions of approval as discussed and to approve the waivers from Section 5 of Raynham Planning Board Rules & Regulations subject to a written list being presented before endorsement and after review of the waivers they are to be placed on the plan; motion seconded; motion passed on vote of four in favor with Mr. Carlson abstained.~ Certificate of Action will be issued.
8:12 p.m. Craig Horsfall, Hayward-Boynton & Williams, appeared before the Board to request a minor modification to the approved Shaw’s/Ames site plan.~ Also present was Sofia~Sarafoglou of Largo Realty.~ Memorandum received from JNEI, dated August 11, 2003. Mr. Horsfall explained that a three-feet wide landscaped island will be added to the parking lot to alleviate traffic flow problems.~ The revised plan, dated August 14, 2003, was reviewed.
After discussion, a motion was made to approve as a minor modification the “Parking Area Modification Plan, 240-266-270-300 Route 44 Shopping Center Raynham, Massachuetts,” with no conditions; motion seconded; motion passed on unanimous vote.~ Certificate of Action will be issued.
8:18 p.m.~ Minutes of July 10, 2003 were received.~ Motion was made and seconded to approve the minutes as submitted; motion passed on unanimous vote.
Minutes of July 24, 2003 were received.~ Motion was made and seconded to approve the minutes as submitted; motion passed on unanimous vote.
8:19 p.m.~ Attorney David Wardwell,~Boston, MA, appeared before the Board to request lot releases at Lincoln Woods subdivision.~ The Board asked Attorney Wardwell why the street sign was not in place.~ Atty. Wardwell submitted a letter from Lopes Construction, dated August 14, 2003, explaining that the sign will be installed on August 15th.~ Attorney Wardwell agreed to have a temporary street sign installed until the permanent one was in place.~~~
John Schmid informed the Board that the road is paved and that Highway Superintendent Roger Stolte is pleased with the quality of work.~~ After discussion of the bond/surety amount, a motion was made to accept $198,263 as surety and to hold the Form J in escrow until the funds are received.~ Attorney Wardwell agreed that applicant would submit funds to cover outstanding invoices along with additional $5,000.~ The Form J was signed and held in escrow.
8:28 p.m.~ Sean Riordan, Rizzo Associates, appeared before the Board with Gary Wilson of Johnson & Johnson to request a modification to the approved Johnson & Johnson site plan to expand the parking area. Correspondence received:~ JNEI letter, dated August 14, 2003, and letter from Rizzo Associates, dated August 14, 2003.
Mr. Riordan reviewed the proposed plan with the Board. After discussion, motion was made and seconded to approve the waivers as presented on the plan; motion passed on unanimous vote. After discussion, a motion was made and seconded to approve as a minor modification the plan “Johnson & Johnson Professional, Inc., Parking Lot Expansion, Raynham, Massachusetts” last revised August 14, 2003; motion passed on unanimous vote.
Correspondence received by the Board:~ letter from Attorney David Frenette,~Brockton, MA, requesting release of all funds from the road bond and snowplow/maintenance accounts for Pond View Farms.~ After discussion, motion was made to release all funds being held for Pond View Farms subject to verification that all bills and accounts are paid in full; seconded; motion passed on unanimous vote.
Correspondence received from Town Planner re. zoning review being done through SRPEDD grant for Rte. 138 from Rte. 495 to Easton town line.~ After discussion, it was agreed that the Town Planner will schedule a meeting in October with the area residents to discuss rezoning.
8:50 p.m.~ George Collins of Oldstone Engineering appeared before the Board and submitted a definitive subdivision/waiver of frontage plan for Mello/250R No. Main Street.~ Mr. Collins requested a reduction in submittal fees.~ After discussion, a motion was made and seconded to accept the submittal without the required fee and to discuss the fee reduction at the public hearing; motion passed on unanimous vote.~ After discussion, hearing was scheduled for September 11, 2003, 7 p.m.
Town Planner update:~ Richard McCarthy discussed the Medeiros property on South Street East.~ Mr. Medeiros wants to submit an open space subdivision plan for his property.~ After discussion, Board members agreed that whether or not the land is worth preserving would be a main issue and would be voted on when a plan is submitted.
9:04 p.m.~ Dan Caldwell and Kerry Galligan appeared before the Board re. Mello/250R North Main Street subdivision plan.~ They were informed that the public hearing was scheduled for September 11, 2003 and they would be receiving a public hearing notice by mail.~
9:10 p.m.~ Correspondence received:~ Letter dated August 7, 2003 from Treasurer Linda King regarding overpayment of bills for Warren Street Estates.~ The letter will be forwarded to the Highway Department.~
Copy of letter received from NRWD re. aquifier protection by-law.~ No action taken.
The Board discussed a letter dated July 8,2003 from~Nick Mirrione, Trustee, re. tolling issue at Hathaway Village/Kings Estates.~ No action was taken.
The Board discussed the Notice of Decision re. ZBA Petition No. 690, Byron.~ It was noted that the ZBA granted a variance to allow three lots off Robinson Street.~ After discussion, motion was made to appeal the ZBA decision to Superior Court on grounds that it is not in keeping with the Master Plan; motion seconded; motion passed on unanimous vote.
9:30 p.m.~ Developer Nick Mirrione, Easton, MA, appeared before the Board to discuss the Adult Retirement Community By-law.~ Board members noted that a public information session will be held on August 20, 2003, at 7 p.m. at Raynham Senior Center to discuss the proposed ARC by-law.
William Sales, King Street, addressed the Board regarding several concerns he has with the ARC by-law.~ He noted he felt the Board did not know enough about the rules of enforcement for over-55 housing developments and that the Board should not move forward too quickly.~ Also present during discussion was realtor Carol Sullivan, Raynham, MA.
Plans endorsed:~ Marriott/Courtyard Hotel site plan.
There being no further business, the meeting adjourned at approximately 10:00 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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