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The Raynham Planning Board held its regular meeting on Thursday, January 8, 2004, at Raynham Town Hall.~ The meeting opened at 6:30 p.m. with Burke Fountain, Carl Carlson and Chris Gallagher present.~ Also present was Richard McCarthy, Town Planner, Maureen McKenney, Administrative Assistant, John Schmid, Judith Nitsch Engineering, Inc. (JNEI).
6:30 p.m. – Form A plan for Kings Estates, located off King Street, was presented by Scott Faria, Gallagher Engineering, Foxboro, MA.~ Board member Chris Gallagher announced that his brother’s firm had drawn the plan, and he asked Board members if his voting on the plan presented a conflict of interest issue.~ After discussion, Board members agreed that since Mr. Gallagher had no financial interest in his brother’s business, there was no conflict of interest.~
Mr. Faria explained that the subdivision lots in Kings Estates were reconfigured to conform to current zoning requirements and that the road layout had not changed.~ After review of the plan, a motion was made to accept the plan entitled “Plan of Land on King Street in Raynham, MA,” four pages, prepared for Hathaway Village Realty Trust, Easton, MA, dated December 3, 2003, by Gallagher Engineering, Foxboro; motion seconded; motion passed by two votes in favor, Chris Gallagher abstained.~ The plan was endorsed.~
6:50 p.m. – Richard Smith, MD Cabinetry, presented a revised site plan that was previously approved for Currie Glass on Broadway.~ He explained that the plan was revised because the building is being relocated 20 feet.~ He noted that he sent a letter to the immediate abutters to notify them of the matter and that he had no response back from them.~ Arthur Borden, P.E., was also present.~ He submitted drainage calculations for the revised plan.~~
Memorandum dated January 6, 2004 was received from JNEI.~ John Schmid informed the Board that the drainage information presented was not sufficient and the drainage needs to be further evaluated.~ After discussion with John Schmid and the Board, Mr. Borden and Mr. Smith agreed to increase the capacity of the proposed basin and to install a trench drain as shown on the previously approved site plan.~ Site lighting was discussed.~ Mr. Schmid had no issues with the proposed lighting.~ After discussion, it was agreed that a guardrail will be added to the plan and that revisions will be listed on the plan.~ The matter was continued to January 22, 2004.~
7:15 p.m. – Town Planner update:~ Mr. McCarthy discussed the Community Preservation Act (CPA) with the Board.~ He explained that the CPA involves a surcharge on real estate tax bills for money to be earmarked for open space land, recreation, land affordable housing and that matching funds are available from the State if a community adopts the CPA.~ Mr. McCarthy noted that the CPA will be discussed at the Selectmen’s meeting on January 20, 2004.
Mr. McCarthy and the Board discussed scheduling a special meeting to finalize revised subdivision rules and regulations.~ There was also discussion about the possibility of a zoning amendment to allow residential/home business subdivision by special permit.~ Board members agreed to further discuss the matter at a later date.~
Minutes of November 20, 2003 were submitted.~ After discussion, motion was made to approve the minutes as submitted; motion seconded; motion passed on unanimous vote. The minutes of November 25, 2003 were submitted.~ After discussion, motion was made to approve the minutes as submitted; motion seconded; motion passed on unanimous vote.
7:30 p.m. – Public hearing for Tokarz/Hill Street subdivision-waiver of frontage plan was opened.~ Mr. Carlson read the hearing notice.~ Attorney David Gay, Taunton, MA, appeared before the Board as petitioner’s representative.~ After discussion, Attorney Gay agreed to proceed with the hearing even though two Board members were absent and would not be able to vote on the plan.~ He explained that the Tokarz property had been granted a variance to divide the property into two non-conforming lots.~ Attorney Gay noted that there would be no change to the existing residential use on one lot and the business use on the other lot and the division of the lots was for ownership purposes only.
Mr. Gallagher noted that the Board’s primary concern should be adequate access for the lot.~ Brad Fitzgerald, Senna Fitzgerald Gilbert Associates, Lakeville, MA, was present, and he informed the Board that there were no wetlands on the property.~ Board members and Mr. Tokarz discussed the access drive to the residential lot.~ Mr. Tokarz explained that the residential access drive was kept open by signage as a fire lane and that the uses on the lot have existed for many years and were not going to change.
Marcia Goslin, 735 Hill Street, spoke in favor of the proposed plan.~
The public hearing was closed.~ After discussion, a motion was made to accept the plan entitled “A Plan of Land in Raynham, MA for Little Real Estate Trust,” dated November 5, 2003, prepared by Senna Fitzgerald Gilbert Associates, Lakeville, MA, with no conditions; motion seconded; motion passed on unanimous vote.~ Certificate of Action will be issued.
7:47 p.m. – The approved Amica Insurance parking lot expansion site plan was submitted for endorsement.~ After discussion, the plan was endorsed and will be held in escrow until receipt is received for payment of applicant’s Taunton Gazette public hearing notice.
7:50 p.m. – General business:~ letter dated December 5, 2003 was received from Janet Hashem, regarding concerns she has with the curbing at Finch Farm Condos on Leonard Street.~ Mr. McCarthy explained that he did a site visit and found potential problems with the way the sidewalk was installed.~ After discussion, Board members instructed Mr. McCarthy to draft a letter regarding the matter to developer Michael Thiel.~
Letter was received from JNEI, dated December 23, 2003, regarding King Philip Estates II.~ No action was taken.
8:10 p.m. - Walter Maganzini, Medford, MA, appeared before the Board to discuss the commercial building at 333 Richmond Street (formerly Greenleaf Auto Parts).~ He explained that he wants to locate his knife sharpening business at the site, and he would like to install an overhead receiving door in the front of the building so his vans can access the building for loading and unloading.~ Mr. McCarthy noted that Mr. Maganzini needs the Board to determine whether or not site plan approval is needed because of the proposed change to the building.~ During discussion, it was determined that parking spaces at the site exceeded zoning requirements. After discussion, Board members agreed that site plan approval was not needed and that a letter will be sent to the Building Commissioner informing him of the Board’s determination.
8:12 p.m. – Developer Ron Turowetz and Steve Gioiosa, Sitec Engineering, appeared before the Board with the Steeplechase Preserve subdivision plan.~ Mr. Giosia explained that errors were discovered on the endorsed Steeplechase plan, and he submitted correspondence dated January 8, 2004, specifying corrections made to the plan.~ Mr. Giosia reviewed the errors and the subsequent corrections for the Board.~ After discussion, the Board endorsed the corrected mylar plan and it is also to be signed by the Town Clerk.~
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Board members and Mr. Turowetz discussed setting a bond amount for Steeplechase Preserve.~ Construction Cost Estimate, dated January 6, 2004, was received from JNEI.~ John Schmid informed the Board that Roger Stolte was agreeable to the $649,627 surety amount as detailed in the Construction Cost Estimate.~
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Mr. Turowetz asked the Board if a Letter of Credit was acceptable as surety; Board members agreed they would accept a Letter of Credit only if required to do so by state law.~ The Board and Mr. Turowetz discussed a Tripartite Agreement similar to the agreement used for Whippoorwill Estates.~ After discussion, Mr. Turowetz agreed to consider that method of surety.~ The Board informed Mr. Turowetz that any form of surety other than cash would have to be approved by Town Counsel, and Mr. Turowetz agreed to forward a bond or other agreement to Attorney Antine for his review.~ After discussion, a motion was made based on the January 6, 2004 Construction Cost Estimate from JNEI for Steeplechase Preserve subdivision, previously known as Payne Farm/Finch Farm II, the amount of $649,627 would be held as surety for completion; motion seconded;
motion passed on unanimous vote.
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Mr. Turowetz then requested a reduction in the cash bond being held for completion of Finch Farm I subdivision.~ Construction Cost Estimate for Finch Farm I, dated January 6, 2004, was received from JNEI. After discussion, motion was made pursuant to the January 6, 2004 Construction Cost Estimate from JNEI, with the understanding that more than $627,776 is presently being held as surety, the Board will reduce the amount to be held to $627,776 and release the excess over that amount to the developer; motion seconded; motion passed on unanimous vote. ~~
8:40 p.m. – Jennifer Turcotte, Outback Engineering, appeared before the Board to discuss a preliminary conceptual open space subdivision plan for Carriage Hill Estates.~ She explained that the eight-year zoning limit had expired and the property owner was considering an open space subdivision plan for 32 lots on the site.~ Board members and Ms. Turcotte discussed the requirements for an open space subdivision.~ No action was taken on the matter.
There was no further business and the meeting adjourned at 9:05 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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