The Raynham Planning Board held a meeting on December 9, 2004, at Raynham Town Hall.~ The meeting opened at 6:34 p.m. with Board members Dan Andrade, Carl Carlson, John Canto and Chris Gallagher present.~ Also present were Maureen McKenney, Administrative Assistant, and John Schmid, Judith Nitsch Engineering, Inc. (JNEI).
6:35 p.m. - Public hearing for Mello/250R North Main Street subdivision plan was reconvened.~ A request for a continuance of the hearing was received from the applicants.~ After discussion, the public hearing was continued to December 23, 2004, at 6:30 p.m.~ No testimony was taken.
6:36 p.m.~ - Public hearing for Chelsea Estates was reconvened.~ Applicant Shawn Freeman was present.~ He informed the Board he is discussing a possible land swap with a neighbor, and he requested a continuance of the public hearing.~ After discussion, Mr. Freeman agreed to submit a check before the next hearing for payment of the legal advertisement.~ After discussion, the public hearing was continued to December 23, 2004, at 6:32 p.m.
6:38 p.m. - Carl Gauthier, Paramount Development, presented a Form A plan for land on Commerce Way.~ Before the plan was reviewed, Mr. Schmid informed the Board and Mr. Gauthier that there is increasing runoff flow from Paramount Woods onto adjacent Hill Street property.~ Mr. Schmid noted both the Highway Department and Hill Street property owners are becoming concerned about the situation.~ Mr. Schmid noted the situation needs to be evaluated.~ After discussion, Mr. Schmid and Mr. Gauthier agreed to meet and discuss the matter after the first of the year.~
The Form A plan was then reviewed.~ During discussion, it was noted the improper filing fee was submitted.~ Mr. Gauthier agreed to forward an additional $200 in filing fees to the Planning Board office.~ After review of the plan, motion was made to approve as an Approval Not Required Plan the plan entitled "Lot 30 & Lot 31 Raynham Woods Commerce Center Plan of Land Raynham, MA (Bristol County) Prepared By:~ Beals and Thomas, Inc.," revised through December 2, 2004; motion was seconded; motion passed by unanimous vote.~ The plan was endorsed.~~
Board members and Mr. Schmid then discussed whether or not the Board is able to increase drainage/runoff requirements at Paramount Woods.~ It was noted that developers of individual sites are not increasing the drainage because the development is covered by the original approved drainage design.~ Mr. Schmid noted the Town Planner is aware that this is a problem.~ Mr. Gauthier again agreed to meet with whomever necessary to discuss the situation.~ He said he would wait to be contacted by JNEI.
6:50 p.m. - Public hearing for Carriage Hill subdivision was reconvened.~ Tony Esposito, P.E., Outback Engineering, was present on behalf of applicant Russell Grabau, along with Rick Gibbs and Attorney David Frenette, Brockton, MA.~ Correspondence dated December 9, 2004 was received from JNEI.~ Mr. Esposito explained the plans were revised to address JNEI concerns: a~more "wavy" roadway was created and lots were reconfigured to comply with Board of Health (BOH) regulations.~ Mr. Esposito stated he will be meeting with the BOH to discuss the drainage design and waivers from the BOH regulations.~ Mr. Esposito reviewed the drainage plan for the Board.~ Mr. Schmid noted the drainage design reflects the Whippoorwill Woods design, which Highway Superintendent Roger Stolte prefers.~ During discussion, it was noted the
highway department will be maintaining the basins.~ Mr. Schmid noted Allen Perry, BOH agent, asked him to review the waivers requests, which he did, and he found them acceptable.
Board members and Mr. Esposito discussed the existing right-of-way that was shown on the plan.~ Mr. Esposito explained he met with Charlene Badjeo, who owns adjacent property, which she feels will be landlocked by the proposed subdivision, and together they walked the site to discuss an access easement.~ Mr. Esposito explained a new access easement to Ms. Badjeo's property has been included on the plan and it is included in the drainage easement.~ Attorney Frennette addressed the Board and explained the easement, noting it just allows access to Ms. Badjeo's property.~ After discussion, Board members agreed they preferred the access easement not be located within the drainage easement, and Mr. Esposito agreed to separate the two easements.~ He noted land for the access easement is being provided but will not be cleared.~
Raymond Badjeo and Charlene Badjeo were present.~ Mr. Badjeo noted a path presently exists that is wide enough for a vehicle.~ He and Ms. Badjeo agreed the 20 feet wide easement being provided is good.~ It was noted the new easement is not in the same location as the old easement.~ After discussion, it was agreed the new access easement will be shown on the plan before lots are released.
Mr. Schmid reviewed the JNEI correspondence for the Board.~ During discussion, Mr. Esposito noted monuments will be provided at the bounds, which were preferable to Mr. Schmid.~ Mr. Schmid noted that Roger Stolte is requesting sump pump systems for the houses.~ After discussion, Board members agreed the matter of sump pumps was more a building department issue rather than a subdivision control issue.~ It was agreed to eliminate the reference to the sump pumps from the plan.~
Mr. Gallagher stated he wants to view the sight distance line at the entrance to the subdivision.~ Rick Gibbs agreed to contact Mr. Gallagher when the property is being surveyed so a site walk can be done.
Mr. Carlson asked if any graves were on the site.~ Attorney Frenette stated he did not see any references to any in the deeds.~ He agreed to work with the neighbors before the next meeting regarding the sight distance and to walk the proposed easement area again.~ After discussion, the public hearing was continued to December 23, 2004, 6:45 p.m.
7:37 p.m. - Public hearing for 611 Center Street site plan was reconvened.~ (Mr. Gallagher left the meeting.) A letter dated November 3, 2004 was received from applicant Michelle Darling requesting withdrawal of the site plan and reimbursement of review fees. After discussion, motion was made to allow the site plan for 611 Center Street to be withdrawn without prejudice and to release the remaining project review funds minus the Gazette legal advertisement cost; motion was seconded; motion passed by unanimous vote.
7:40 p.m.~ Brian Mulligan, developer of Fox Woods/Carver Estates subdivision, appeared before the Board seeking permission to clear trees from the subdivision site.~ A letter dated December 7, 2004 was received from Highway Superintendent Roger Stolte in support of the request.~ John Schmid informed the Board he has reviewed the storm water management plan and it seems "do-able" but needs to be refined.~
Mr. Mulligan told the Board he hopes to have the approved plan endorsed on December 23rd if the JNEI review is completed.~ He~noted he wants to start clearing trees on December 13th.~ Mr. Canto stated he was against clearing now if an erosion problem exists.~ Mr. Carlson stated he was okay with the clear cutting if the area was stabilized.~ During discussion, it was noted the appeal period for the approved plan has passed with no appeal taken.~ Mr. Mulligan stated the Conservation Commission is okay with the cutting being done.~ After discussion, motion was made that the Planning Board will allow Mr. Mulligan to do the work necessary at FoxWoods to clear-cut the approved road layout until the December 23, 2004 meeting at 7:00 p.m. when the plan will be endorsed; motion seconded; motion passed by unanimous vote.~ The matter
was continued to December 23, 2004 at 7:00.
7:50 p.m. - Public hearing for Berry Hill ARC plan was reconvened.~ An extension of time-to-act was received from the applicant along with a request to continue the public hearing.~ After discussion, the hearing was continued to December 23, 2004 at 7:15 p.m.
7:53 p.m. - General discussion:~ John Schmid explained to the Board that Attorney Shelmerdine is scheduled to appear before the Board on behalf of the developer of Whippoorwill Estates at 8:30 p.m. but he will not be able to make it until 9:00 p.m.~ Mr. Schmid explained the developer is looking for a new way to bring outfall from the adjacent Locust Woods subdivision to the wetlands without impacting on the neighbors, the Smiths, and for that reason an outlet needs to be built.~ Mr. Schmid also noted it was discovered that lots in Phase III of Whippoorwill Estates were built upon without lot releases and the situation needs to be rectified.~ He stated that a bond will be submitted by the developer for Phase III of Whippoorwill Estates.~ Mr. Schmid stated the Board could agree to the $307,081 surety amount established by
JNEI and then release the lots within Phase III.~ After discussion, it was agreed that at the least a modification to the plan could be approved so drainage work can be started.~ The matter was tabled to wait for Attorney Shelmerdine.
8:00 p.m. - Public hearing for Silko Kia. Rte. 44, site plan was opened.~ Mr. Carlson read the hearing notice.~ John Bensley, P.E., of Beals and Thomas, was present along with applicant Adam Silverlieb and contractor Steve Gordon.~ Mr. Andrade explained that only three Board members were present and asked if the applicant wished to proceed with the hearing.~ Mr. Carlson noted he lived around the corner from the project but he had no prejudice on the plan and he had previously voted on the Silko Honda project presented by the applicant and he will be voting on this plan.~
After discussion, Mr. Bensley requested a continuation of the hearing.~ The public hearing was then continued to December 23, 2004 at 7:30 p.m.~ No testimony was taken.
8:15 p.m. General Business:~
(Mr. Gallagher returned to the meeting) Minutes of November 15, 2004 and October 28, 2004 were received.~ A motion was made and seconded to waive the reading of the minutes and to approve them as printed; motion passed on unanimous vote.~
Correspondence dated November 30, 2004 was received from JNEI establishing a surety amount for the American Material, 370 Paramount Drive site plan along with correspondence dated November 30, 2004 from Coler & Colantonio.~~ After discussion of the correspondence, Board members agreed to increase the contingency amount and to establish the bond amount at $10,000.~ A motion was made to hold $10,000 until the JNEI project list is completed by the applicant and a site inspection is done; motion seconded; motion passed by unanimous vote.
A Construction Cost Estimate, dated December 9, 2004, was received from JNEI regarding Whippoorwill Estates.~ A copy of a letter dated December 8, 2004 from Attorney Robert Shelmerdine to Town Counsel Marc Antine re. a new tri-partite agreement for the subdivision was also received.~ The JNEI correspondence established the Phase III surety amount at $307,081.~ During discussion, it was noted the construction cost estimate is for Phase III but some Phase II conditions have not yet been completed.~ Mr. Schmid explained that the Locust Woods drainage basin is being done at the expense of the Whippoorwill Estates developer.~~ After discussion of the correspondence, a motion was made to approve as a minor modification the plan entitled "Modification to Drainage Design Raynham, MA ‘Whippoorwill Woods,’ drawn by
Bay Colony Group, Inc., dated December 4, 2004, for Lots 29 and 30; motion was seconded; motion passed by unanimous vote.~ A motion was then made to approve as a minor modification the modification to the drainage design between Lots 21 and 22 as shown on the plan entitled "Modification to Drainage Design Raynham, MA ‘Whippoorwill Woods,’ drawn by Bay Colony Group, Inc., dated December 4, 2004; motion seconded; motion passed by unanimous vote.
After further discussion of Whippoorwill Estates, the Board agreed a revised Form J is needed for the three lots already built upon at the subdivision.~ The matter was continued to the December 23rd meeting.~ Board members also agreed the surety bond needs to be approved by Town Counsel Marc Antine before it can be accepted.
The Board discussed the site lighting at Lowe's, Rte. 44.~ After discussion, the Board instructed JNEI to do an inspection of the lights at the Lowe's garden center because the lights there seem to be excessive.~~~
A letter dated November 19, 2004 was received from South Coast Development, LLC, requesting release of the surety funds being held for completion of the ExxonMobil site plan at 1266 Broadway.~ After discussion, Board members agreed to table the matter until Mr. Canto can test the site lighting for conformance to the plan.~ The matter was continued to December 23, 2004.
Correspondence was received from Santini, Inc., Arlington, MA, requesting release of the surety funds for the Rockland Trust site plan.~ After discussion, motion was made to release the balance of funds being held for Rockland Trust minus the cost of any outstanding invoices; motion was seconded; motion was passed by unanimous vote.
Board members discussed a list of site plans that have been fully completed and have received a Certificate of Occupancy.~ After discussion, it was agreed that project review funds can be returned to applicants whose site plans are completed.
After discussion, Board members agreed to meet with the Fire Chief after the first of the year to discuss the issue of two-story buildings and building with large footprints and the possibility of establishing a fund for the purchase of a fire truck needed for these large buildings.~~~
There was no further business and the meeting adjourned at 8:57 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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