Town of Raynham, MA - Planning Board Minutes August 26, 2004

The Raynham Planning Board held a meeting on Thursday, August 26, 2004, at Raynham Town Hall.~ The meeting opened at 6:36 p.m. with Board members Burke Fountain, Carl Carlson and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).

6:40 p.m. - Gatsby Garden Site Plan public hearing reconvened.~ Richard Kelly was present for the applicant. Mr. Kelly submitted an extension of the Board's time-to-act.~ He submitted a revised application form that included the signatures of the Tanguays, who are selling adjacent property to the Li’s.~ No testimony was taken. After discussion, the public hearing was continued to September 9, 2004, 7:40 p.m.~

6:45 p.m. - George Andrews, Dean Street, presented a Form A plan for land on Dean Street owned by Fred and Sheila Berry.~ The plan proposes to create a small parcel that will be combined with Mr. Andrews’ property.~ After review of the plan, motion was made to accept the plan entitled "Plan of Land – Map 18, Plot 11 House 94 – Dean Street In Raynham, Bristol County, Massachusetts," dated August 23, 2004;~motion was seconded; motion passed by unanimous vote.~ The plan was endorsed.

6:50 p.m. - Robert Kelly and Attorney Michael Morrizzio presented a Form A plan for land at 1958 Broadway.~ Attorney~Morrizzio explained that the property lines are being adjusted in order to correspond to the approved site plan for 1958 Broadway.~ After review of the plan, motion was made to accept the “Plan Of Land in Raynham, Massachusetts Owned By Broadway Realty Trust,"~dated August 19, 2004, as an Approval Not Required Plan; motion was seconded; motion passed by unanimous vote.~ The plan was endorsed.~

6:56 p.m. - Developer Michael Thiel appeared before the Board to discuss Finch Farm Condominiums site plan.~ In a letter dated August 25, 2004, Mr. Thiel requested a modification to the Finch Farms Condominiums site plan to allow stop signs within the site to be removed; a modification to allow the swale on Lot 4 to be removed; a modification to confirm the Board is agreeable to the buffer of trees planted on the abutting homeowner's property; and also for Mr. Thiel to be allowed to proceed with a building permit for Lot 5.~ After discussion, motion was made to consider the removal of the stop signs as a minor modification of the site plan and to approve as such; motion was seconded; motion passed by unanimous vote.~ After discussion, a motion was made to approve the removal of the swale/and or the detention pond on Lot 4 as a minor modification; motion was seconded; motion passed by unanimous vote.

Board members and Mr. Thiel discussed the trees that were planted on abutting residential property.~ Mr. Thiel noted the trees have been planted for approximately one year and they are healthy.~ After discussion, motion was made to approve as a minor modification the planting of trees on the abutting property for a buffer; motion was seconded; motion passed by unanimous vote.~ Board members and Mr. Thiel discussed~the building permit for Lot 5.~ John Schmid noted the $30,000 being held as surety for Finch Farm Condos is adequate funding for outstanding issues.~ Mr. Thiel noted most items on JNEI's punchlist are completed.~ After discussion, motion was made for the Planning Board to send a letter to the Building Department giving approval for the release of Lot 5 for a building permit; motion seconded; motion passed by unanimous vote.

7:02 p.m. - Carver Woods Public Hearing was reconvened.~ Applicant Brian Mulligan was present.~ He submitted an extension of the Board's time-to-act.~ A letter dated August 26, 2004 was received from Mr. Mulligan explaining that the plan is being revised to address outstanding issues and asking for a continuance of the public hearing.~ The Board informed Mr. Mulligan the balance of the project review account is low.~ After discussion, Mr. Mulligan agreed to submit $5,000 for the review account.~ After discussion, the public hearing was continued to September 23, 2004, 6:35 p.m.~ No testimony was taken.

7:16 p.m. - Mrs. Clark, 56 Mohawk Road,~presented a Form A plan proposing to relocate the property line between 56 Mohawk and 76 Mohawk Road in order to give 56 Mohawk Road more property.~ After review of the plan, motion was made to approve the “Plan Of Land Mohawk Road In Raynham, MA,” dated August 20, 2004, subject to the application fee being received and subject to the Town Planner reviewing the deeds and determining they are proper; motion was seconded; motion passed by unanimous vote.~ Mr. Clark,~56 Mohawk Road, then arrived with the proper fee and deeds.~ The plan was endorsed and released to Mr. and Mrs. Clark.

7:30 p.m. - General business:~ Letter was received from Joseph Arruda, BRS Excavating, requesting release of the surety funds and snowplow/road maintenance funds being held for Mary Lou Drive, which was accepted as a Town roadway.~ During discussion, it was noted there are no outstanding issues with the road but the developer has not submitted a deed to the street.~ Motion was made that subject to the Town receiving evidence of a recorded deed to Mary Lou Drive from the developer, all remaining escrow funds may be released; motion was seconded; motion passed by unanimous vote.~ Board members noted that Mary Lou Drive is one of the best roads in Raynham.

7:30 p.m. - Amerada Hess site plan was presented for modification by David McNamara of Fay, Spofford & Thorndike, LLC and Andy Lautenbacher of Amerada Hess Corp.~ Mr. McCarthy noted an amended Certificate of Action was filed after an error was discovered on the original certificate so the Town Clerk has not endorsed the site plan yet because the appeal period has not expired.~

Mr. McNamara explained the design changes to the plan:~ relocating the handicap parking space to the front of the building, as requested by the ZBA; a concrete pad for HVAC equipment is being added with minor grading; a new subsurface grease trap is being added; and wording changes and edits were made on notes on the plan, none of which change the plan.

Mr. Lautenbacher asked if the building permit process could be started before the site plan was endorsed.~ Mr. McCarthy said he would inform the Building Commissioner of the situation so the process could be started.~ Site lighting was discussed.~ Mr. Lautenbacher agreed to submit the necessary information to JNEI for review.~ After discussion, motion was made to accept the changes set forth on the plan entitled "Amerada Hess Corp., 1315 Broadway, Raynham, MA," drawn by Fay, Spofford & Thorndike, LLC, last revised August 18, 2004, and as set forth in Memorandum from JNEI dated August 23, 2004, as a minor modification; motion seconded; motion passed by unanimous vote.~

7:45 p.m.~ Scott Faria, Gallagher Engineering, Foxboro, MA, and Developer Nick Mirrione, Easton, MA, were present to discuss lot releases at Kings Estates subdivision.~ A Construction Cost Estimate, dated August 26, 2004, was received from JNEI.~ Board members discussed conditions at the subdivision.~ Mr. Faria noted that erosion control measures would be implemented as building permits are issued.~ Mr. Carlson stated it should be done as soon as possible.~ Mr. Faria agreed to place hay bales at the catch basins right away.~ Mr. Mirrione noted an erosion control plan will be submitted with each building permit and Roger Stolte was agreeable with that.~ Mr. Mirrione then submitted a recorded covenant and special permit for Kings Estates.~

After review, John Schmid revised the Construction Cost Estimate to $305,404.~ After discussion, motion was made to release the covenant given by ARE Realty Mass. Trust and Subon Co., recorded in Book 6308, Page 297, because it is being replaced by a covenant given by Hathaway Village Realty Trust, recorded in Book 13942, Page 6 and a cash surety bond; motion was seconded; motion passed by unanimous vote.~ Motion was then made based upon the Construction Cost Estimate prepared by JNEI, as amended, and upon receiving $305,404 cash from the developer, that the Board release lots 1 through 7 and 41, 42, 43, 44, and 25 as shown on the plan entitled "Kings Estates,” dated July 19, 2004; motion was seconded; motion passed by unanimous vote.

8:07 p.m. - Paul Westcott, Oak Street, Raynham, appeared before the Board to discuss Westcott Circle subdivision.~ Mr. Fountain stated he has reviewed the drainage and grading restriction easements.~ Mr. Westcott submitted a signed and notarized copy of the easement documents and Form H-1.~ During discussion, it was noted the changes requested by Mr. Stolte were made and the new lot will have an Oak Street address.

Mr. McCarthy explained that Mr. Westcott would prefer that the Planning Board submit to the Selectmen the warrant article for the Town Meeting acceptance of the drainage easement.~ Board members were agreeable to this.~ Mr. Westcott then submitted a copy of the proposed language for the article.~ After discussion, motion was made that the Planning Board submit to Town Meeting a drainage easement and grading restrictions easement regarding the Westcott property on Oak Street, specific language to be prepared by Mr. Westcott's attorney and reviewed by the Planning Board; motion was seconded; motion passed by unanimous vote.~ After discussion, Board members endorsed the Westcott Circle subdivision plan.~ Mr. Westcott agreed to record all easement documents and the plan together.

8:23 p.m. - Modification for Rockland Trust, Route 44 site plan was presented by David Shedd, P.E., of Vanasse Hangen Brustlin, Inc. (VHB). Also present were Joe Magni of VHB and developers Jack Gamache and Mike Juliano.~ Mr. Shedd submitted a document entitled "Raynham Plaza" List of Exhibits.~ Mr. Magni explained that condition No. 5 of the site plan's Certificate of Action required the new access to the site be designed and permitted within 24 months of site plan approval.~ He noted the applicants approached Mass. Highway Dept. in winter 2003 with the Board-approved design but Mass. Highway rejected that design.~ Applicants continued to work with Mass. Highway and designed what they felt was a better, smaller intersection at the site entrance but it was also rejected.~ Mr. Magni stated Mass. Highway feels the existing restaurant building impedes the traffic flow, which made the previous proposed designs unacceptable. Mr. Magni explained the applicants believe that when the lease to the restaurant building expires in two years the building can be reconfigured to better suit the traffic flow and the intersection.~ Mr. Magni noted Mass. Highway has granted an access permit for the site but the right-turn in, right-turn out aspect has been eliminated from the design.

Mr. Magni noted that Rockland Trust is scheduled to open in September and he asked the Board to consider the Mass. Highway approved design as a modification of the approved plan to avoid a delay in the bank opening.~ During discussion of the new design, Mr. Magni agreed that westbound traffic would be a problem.~ He noted they approached abutting property owners but had no success in working with them to synchronize site access.~ During discussion, it was agreed that directional signage was needed but that would not work all the time to control traffic problems.~

During discussion, Mr. Schmid noted the new plan looks as if the originally proposed island was erased from it.~ Mr. Magni explained the Mass. Highway engineer erased the island from the plan because he did not like the design.~ Mr. Shedd told the Board he confirmed with Mass. Highway that they removed the island from the plan.~

Mr. Fountain stated that the Board had made clear to the applicants at the time the plan was approved that they were taking a risk if the conditions could not be met and that they had agreed not to change the plan.~~ Mr. Magni stated the spirit of the condition was met.~ Mr. Fountain asked Mr. Schmid if the new design met the spirit of the Board's intent for the site and Mr. Schmid stated it was very much in spirit and met the Board's intent.~

After further discussion of the approved Mass. Highway design for the access, it was agreed that the matter should be discussed further with all Board members present.~ At Mr. Schmid's request, the applicants agreed to provide a completed plan for the next discussion.~ After discussion, it was agreed there was sufficient parking space available on the site to meet zoning requirements.~ No action was taken and the matter will be rescheduled when applicants are ready.

Letter dated August 24, 2004 was received from Keith Wrigley regarding excessive noise at his South Street East residence, which abuts the Johnson and Johnson building.~ A memo on this matter, dated August 26, 2004, from Robert Loftus of DePuy/J & J to Richard McCarthy was also received.~ Mr. McCarthy explained to the Board that he and John Schmid conducted a site visit and verified the noise problems.~ Mr. McCarthy noted most of the trees on the J & J site have been cut down, which is exacerbating the problem.~ Mr. Schmid noted work is being done in accordance with the approved site plan and arborvitaes will be planted and an acoustic wall is being considered.~ He noted the work is proceeding but not as fast as Mr. Wrigley would prefer.~ After discussion, Mr. McCarthy agreed to stay in contact with J & J regarding this situation.

Town Planner update:~ Mr. McCarthy distributed comments from Highway Superintendent Roger Stolte regarding revised subdivision regulations and he noted the revisions are continuing.~ Mr. McCarthy then discussed recently enacted legislation that allows Planning Board members to vote on matters even after having missed a meeting.~ He noted Board members must be brought up to date before proceeding to vote.~ The by-law must be adopted locally; Mr. McCarthy will continue researching the matter.~~~~

Letter dated August 11, 2004 was received from Town Administrator Randall Buckner authorizing the Board to proceed with expenditure of the funds taken to complete Locust Woods subdivision.~ Mr. McCarthy informed the Board that developer Russell Grabau has stated his intent to finish the subdivision, and he will be meeting with the street residents to discuss outstanding issues before proceeding.~ After discussion, Board members were agreeable to the meeting with the residents so Mr. Grabau can complete the street.

Mr. Fountain explained to the Board that he has reviewed the new language for the new Aspen Hollow covenant, which is needed because the owners intend to keep two lots and sell the remaining lots to a developer.~ He submitted a copy of the new covenant that will be recorded.