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The Raynham Planning Board held a meeting on Thursday, February 10, 2005, at Raynham Town Hall.~ The meeting opened at 6:30 p.m. with Board members Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.
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6:32 p.m. - Tom Armitage of Quequechan Builders appeared before the Board on behalf of developer Ron Turowetz.~ Mr. Armitage requested that a cash bond amount be established for Forge Knoll Subdivision aka Woodlands/Pamela Way.~~ A Construction Cost Estimate, dated February 7, 2005, was received from Judith Nitsch Engineering, Inc. (JNEI), which recommended a bond amount of $138,915 be established.~ Mr. Armitage agreed with the JNEI amount but noted he was not submitting the bond at the meeting.~ A motion was made to approve the bond amount set by JNEI.~ During discussion of the motion, it was noted the definitive Forge Knoll plan has not been endorsed.~ There was discussion to amend the motion.~ After further discussion, the motion to approve the bond amount was rescinded.~ The Board agreed the plan must be endorsed first
and they agreed the Board would not change the bond amount determined by JNEI.
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6:38 p.m. - General Business:~ The minutes of January 27, 2005 were received.~ Motion was made to approve the minutes as submitted; motion seconded; motion passed by unanimous vote.
There was discussion about establishing a mitigation amount in relation to John Noblin’s request for a fee reduction for his Route 44/Commerce Way site plan. It was noted the mitigation would be contributed towards the purchase of a new fire truck for the town.~ After discussion, Board members agreed Mr. Noblin must submit his request for fee reduction in writing to the Board before any action can be taken.
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A letter from SRPEDD regarding technical grant funds was discussed.~ Mr. McCarthy noted he is working with the Board of Selectmen's SRPEDD representative Martin Newfield on this matter.
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6:42 p.m. - Gatsby Gardens site plan was presented for a minor modification by Nyles Zagar, P.E., Outback Engineering, Lakeville, MA.~ Mr. Zagar presented the plan, noting the Board approved it in October 2004 but changes were since made to the plan in order to obtain Conservation Commission approval.~ He explained the buildings on the plan were being shifted 15 feet to the southeast in order to raise the building elevation. He noted the drainage, the plan layout and the parking layout will remain the same as previously approved.~ Mr. Zagar noted JNEI reviewed the modified plan and found it acceptable.~
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The Board received a copy of a letter from the Conservation Commission to the Town Planner, dated January 20, 2005, stating the Commission approved the Gatsby Gardens plan.~ A review letter dated February 7, 2005 was received from JNEI, stating there were no objections to the proposed modification.~ Mr. Zagar informed the Board he received verbal approval of the plan from the Board of Health but has not yet received their written approval.
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After discussion, motion was made to approve the revisions to Gatsby Gardens site plan, dated June 30, 2004, revised January 11, 2005, with the buildings being moved approximately 15 feet as explained, as a minor modification, and approving the modification; motion seconded; motion passed with three votes in favor and Mr. Gallagher abstaining.
6:52 p.m. – Nyles Zagar, P.E. presented a Form A plan for land at Gatsby Gardens.~ Mr. Zagar explained that lot lines for the Gatsby Gardens site plan were moved and a triangular piece of land was added to the site.~ After review of the plan, motion was made to approve the plan entitled "Plan of Land Gatsby Drive In Raynham Massachusetts,” dated February 1, 2005,~drawn by Outback Engineering, as a plan not requiring subdivision approval; motion seconded; motion passed by unanimous vote. The plan was endorsed.
6:58 p.m. - Raynham Senior Center Addition Site Plan was presented by Town Planner Richard McCarthy for a minor modification.~ Mr. McCarthy explained that 17 parking spaces were being added, the basin was being expanded by 34%, the building was being increased by 2,766 square feet, and the landscape islands were being removed.~ Mr. McCarthy noted the site plan must be modified before it can be submitted as part of a grant application.
There was discussion about the basin expansion.~ Mr. Gallagher noted the existing conditions make it hard for the basin to dry out.~ During discussion, Mr. Fountain noted the plan was not signed or stamped.~ Mr. McCarthy stated a better plan could be submitted at a later time if the modifications are approved but it was necessary to approve the plan as presented because of the grant application deadline.~ After discussion, motion was made to approve the plan entitled "The Raynham Senior Center Additions and Alterations King Philip Street, Raynham, Massachusetts,” dated September 8, 2004, as a minor modification subject to unlimited further review of the plans and specifications; motion was seconded.~ During discussion of the motion, Mr. Gallagher stated he was okay with the plan if JNEI agrees to the basin
expansion.~ After discussion, Board members agreed the plan was acceptable for now because of the grant application but it should be reviewed in more detail at a later date.~ A vote was then taken and the motion to approve the modified site plan passed by unanimous vote.
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7:13 p.m. - Attorney David Frenette and Tony Esposito, P.E., Outback Engineering, appeared before the Board to discuss Carriage Hill Estates.~ Several pieces of correspondence on this matter were received from Attorney Frenette:~ letters dated February 2, 2005, February 8, 2005 (2 letters), and February 10, 2005.~ Letter dated February 8, 2005 was received from the Raynham Fire Chief and letter dated February 7, 2005 was received from the Raynham Police Chief.~ Letter dated February 8, 2005 regarding issues with Locust Woods was received from Highway Superintendent Roger Stolte.
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Attorney Frenette explained there were several issues to be addressed and he noted the following:~ the proposed changes to street names in Carriage Hill Estates were approved by the police chief and the fire chief; the $35,000 currently being held in escrow for completion of Locust Woods, which was developed by Carriage Hill applicant Russell Grabau, will be used towards outstanding snowplow bills for Locust Woods; the snowplowing amount established for Carriage Hill in condition No. 27 of the COA is in error and should be $12,500.~ Attorney Frenette stated he believed there would be in excess of $24,500 in the Locust Woods escrow account after the snowplowing invoices are paid that could then be used to complete Locust Woods.~ There was discussion of the fact that the Town would be completing the work at Locust
Woods.~ Mr. Carlson stated he disagreed with the Town finishing the subdivision for a developer, and Attorney Frenette noted Mr. Stolte had agreed to finish the subdivision.~ Mr. Grabau was present, and he informed the Board he offered to complete the remaining work but Mr. Stolte said he would do it.~ Mr. McCarthy noted that Mr. Stolte preferred to finish the work to be sure it was done to his standards.~~ Mr. Grabau explained there were several problems with the approved Locust Woods plan, and he has worked with the Town to resolve the issues and he will continue to help resolve the issues.
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After discussion, Board members agreed to Mr. Stolte completing the work at Locust Woods.~ Mr. McCarthy suggested that the Board only release 10 lots at Carriage Hill until all work at Locust Woods is done.~ Attorney Frenette agreed that the bankbook for Locust Woods escrow account would be signed over to the Town.~ It was also agreed that the goal was to have Locust Woods ready for acceptance at the fall Town Meeting.~ It was also agreed that the applicant would pay for any additional plowing.~ Attorney Frenette submitted a letter dated February 1, 2005, from Russell S. Grabau, authorizing withdrawal of $7,500 from Locust Woods escrow account to cover the cost of snow removal.
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After further discussion, it was agreed Attorney Frenette would draw up a memo of understanding regarding what was agreed to at the meeting.~ It was also agreed that the COA will be amended to reflect the changes discussed.~ Mr. Grabau requested the Board sign the Carriage Hill plan and hold it in escrow until all details are completed.~ Mr. Grabau noted he purchased Locust Woods as an approved plan and he is working to resolve the problems resulting from the approved design.~ A motion was then made to sign the Carriage Hill subdivision plan and amend the Carriage Hill Certificate of Action as discussed and hold the plan in escrow until it is reviewed and approved by the Highway Superintendent, the Town Planner and at least one Planning Board member and also to accept the requests as discussed on the COA as a minor
modification to the subdivision plan; the motion was seconded; the motion passed by unanimous vote.~ It was agreed Mr. McCarthy and Attorney Frenette will work on the amended Certificate of Action and Mr. Fountain will review the memo of understanding prepared by Attorney Frenette.~ In response to a question from Mr. Esposito, the Board noted the amended COA and the original COA should both be recorded at the Registry.
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7:42 p.m. - Developer Nick Mirrione appeared before the Board to discuss Berry Hill Adult Retirement Community (ARC) plan.~ He informed the Board he received correspondence earlier in the day from Town Counsel Marc Antine and the minor revisions requested by Attorney Antine could be made soon.~ A copy of Attorney Antine's correspondence, dated February 10, 2005, was received by the Board.~ Mr. Mirrione requested the Board sign the approved plan and hold the mylar copy until the revisions are made and approved.~ He noted he needs the signed plan in order to apply for State permits for the development.~
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Mr. Mirrione asked the Board to release lots 31 and 32 in Berry Hill without a bond in place so he can build model homes at the site.~ He noted there would be no conveyance of the lots and the models would not be occupied.~ After discussion of the matter, it was agreed Mr. Mirrione would return to request lot releases after he has the necessary State permits.~ Board members agreed they would sign the plan and hold it in escrow.~ Mr. Mirrione submitted a Form H-1, which will be held along with the mylar plan.~ After discussion, motion was made to authorize Mr. McCarthy to release the mylar plan when the relevant issues (easements, homeowners' association, etc.) are approved by Attorney Antine; motion was seconded; motion passed three votes in favor and Mr. Gallagher abstaining.
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7:52 p.m. - Shawn Cairns and Frank Ribel, P.E., appeared before the Board with a proposed subdivision plan to create a lot on North Main Street and Roger's Way, which is an old private way abutting Mr. Cairns’ property.~ Mr. Cairns owns legal fee in Roger's Way; however, the roadway does not provide legal frontage for a house lot.~ Mr. Ribel noted he was looking for input from the Board before proceeding with the subdivision plan, which he said would need many waivers.~~Mr. Ribel noted the property is Land Court land.
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After discussion, Board members agreed Mr. Cairns should be clear as to his rights and ownership, as well as the Town's rights, relating to Roger's Way before proceeding.~ The Board suggested Mr. Cairns consult with his attorney on this matter.~ Board members noted that Board membership would be changing after the April election, which could affect voting on the plan.~ No action was taken on the matter.
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General Business:~ Memorandum from JNEI dated February 9,2005 re. Village at Foxwoods was received.~ No action was taken. A letter was received from JNEI, dated February 4, 2005, regarding Garcia Dental site plan.~ The letter noted JNEI reviewed the revised Garcia Dental site plan and it reflected the modifications that were approved by the Board on January 26, 2005.~
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The Board endorsed the following plans:~~Garcia Dental Site Plan, Berry Hill ARC Plan, Carriage Hill Estates Subdivision, and Silko Kia Site Plan.
There was no further business and the meeting adjourned at approximately 8:50 p.m.~
Respectfully submitted,
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Carl Carlson, Clerk
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