The Raynham Planning Board held its regular meeting on Thursday, September 8, 2005, at Raynham Town Hall. Chairman Daniel Andrade opened the meeting at 6:30 p.m. with Board members Chris Gallagher and John Canto present. Also present were Town Planner Richard McCarthy, John Schmid of Judith Nitsch Engineering (JNEI), and Administrative Assistant Maureen McKenney.
6:31 p.m. - The scheduled Form A plan for Carriage Hill Estates was not presented.
6:32 p.m. – Attorney Fred Clark appeared before the Board to discuss Kings Estates. He updated the Board on the status of the subdivision, noting the Board previously voted to approve the performance bond submitted for Kings Estates. Attorney Clark then submitted the Form J to be signed.
Correspondence dated September 1, 2005 was received from JNEI.~ John Schmid informed the Board that he received and reviewed the revised plan and everything was acceptable. Mr. McCarthy explained that the Town is presently holding a cash passbook as surety for Kings Estates and the approved performance bond will be substituted for the cash passbook, which will then be released to the applicant.
After discussion, motion was made to release Phase II Lots 8 through 14 and Lots 36 through 40; motion seconded. John Schmid informed the Board the lots are okay for release. Motion to release the lots passed by unanimous votes.~ The Form J was signed.
Motion was made to release the cash passbook being held for Kings Estates for a performance bond of equal value for Kings Estates; motion was seconded; motion passed by unanimous vote.
6:42 p.m. - Town Planner update: Mr. McCarthy informed the Board he met with representatives of Miboden/Route 44 Toyota to discuss their reconditioning shop site plan. He noted the detention basin on site has not been constructed and the applicant now wants to construct a larger basin for the site. He also noted there was no occupancy permit issued for the reconditioning shop but he believed no work was being conducted from the building. Mr. McCarthy informed the Board that he advised Route 44 Toyota applicants to come to the Board's meeting on September 22nd to discuss the matter.
Memorandum dated August 26, 2005 regarding the as-built plan review for Miboden/Toyota site plan was received from JNEI. John Schmid explained that if there is increasing runoff to the wetlands that could be a problem with wetland regulations so an occupancy permit would not be issued. He noted the applicants now want to build a "master" basin for their entire site. Mr. McCarthy explained that the applicants know they are in non-compliance with the approved plan, which is why they were advised to appear before the Board.
Town Planner update: Richard McCarthy informed the Board he received a letter from an abutter to the North Raynham Water District (NRWD) Wilbur Street tank regarding excessive noise generating from the site.~ Mr. McCarthy explained he did a site visit and determined the noise level was above acceptable decibel levels.~ He noted he spoke to Arthur Benedelli at NRWD about the situation. After discussion, Board members agreed to send a letter to NRWD asking that they correct the situation and to please advise the Planning Board of their plans.
John Canto noted he saw the basin at the site overflowing and that the situation should be watched.
Mr. McCarthy informed the Board he will have the list of Route 138 improvement committee members compiled by the Board's September 22nd meeting. He also noted he will know in October whether or not the Town received a grant for Route 138 improvements.
General Business:~ A letter dated August 26, 2005 was received from JNEI regarding the Mastria Subaru site plan, Phase I. A letter dated August 30, 2005, was received from Steve Gordon of Kirker Perry requesting release of surety funds being held for the Mastria Subaru site plan.
Memorandum dated August 26, 2005 was received from JNEI. During discussion of the matter, John Schmid informed the Board that he has no issues with the Mastria Subaru site plan.
After discussion, Board members agreed that Mastria Subaru should be reminded that the temporary occupancy permit for the site will be expiring and they are in violation of regulations by parking cars, either customers or employees, on the opposite side of Hill Street, and the cars should be removed if necessary. The Board agreed the pace for completing the site should be "picked up." After discussion, motion was made to release $10,271.80 as requested by Kirker-Perry; motion seconded; motion passed by unanimous vote.
General Business:~ Letter dated August 12, 2005, was received from Richard Fenuccio of Brown Lindquist Fenuccio & Raber Architects, Inc., regarding the proposed IHOP Restaurant on Route 44. No action was taken.
General Business: Hess Rte. 138 site plan was discussed. During discussion, Mr. McCarthy noted the lighting and fencing issues have not been completed and the site is still operating under a temporary occupancy permit. After discussion, it was agreed a letter will be sent to the applicant informing them of Mr. McCarthy's and JNEI's outstanding issues.
General Business:~ Board members and Mr. McCarthy discussed the matter of zoning violations and the possibility of implementing fines for zoning violations. No action was taken.
General Business: After discussion, it was agreed that Mr. McCarthy will follow up with Central Dodge, Route 44, regarding site plan enforcement issues.
General Business: Letter dated August 12, 2005 was received from Kimberly Urban DeVeau of John E. McCluskey, Esq., P. C., regarding a covenant release at Rolling Brook Estates. After discussion, it was agreed Mr. McCarthy will research the matter and contact Ms. DeVeau.
General Business: Memorandum and Construction Cost Estimate dated September 7, 2005, was received from JNEI regarding Lot 3 Forge River Parkway, Children's World. During discussion, it was noted the applicant posted the established surety bond. Mr. Schmid noted there are additional wall pak lights on the building but they do shine towards any abutting residences. After discussion, it was agreed John Schmid will conduct a site visit and if the lighting is not excessive, the applicant will be required to add the additional lighting to the as-built plan.
General Business: “Notice of Intent Policy for Delineation” was received from the Raynham Conservation Commission. No action was taken.
7:20 p.m. - Public hearing for Mazda Ford, Route 44, site plan was opened. Mr. Gallagher read the hearing notice. A request for continuance was received from Brian Dunn of Fuss & O'Neill, Inc., Consulting Engineers. After discussion, the hearing was continued to October 13, 2005, 7:30 p.m. No testimony was taken.
7:22 p.m. – Public hearing for Greyhound Industrial preliminary subdivision plan was reconvened. Request for continuance was received from applicant Bob Kelly. After discussion, the hearing was continued to October 13, 2005, 7:20 p.m. No testimony was taken.
7:25 p.m. - Public hearing for Silvia-Quinn, Lot 30 Paramount Drive, Site Plan, was opened. Mr. Gallagher read the hearing notice. Review correspondence dated September 8, 2005 was received from JNEI, letter dated August 29, 2005 was received from Highway Superintendent Roger Stolte, and letter dated September 6, 2005 received from Robert Campbell, P.E. Mr. Campbell was present on behalf of the applicants. Michael Silvia submitted revised building plans. Mr. Campbell reviewed the site plan for the Board. He noted there will be no sidewalks but there will be a walkway around the building and vertical granite curbing is proposed. Mr. Campbell discussed the drainage system, catch basins and the parking area with a 20 feet aisle for two-way traffic. He noted that not all the parking area shown on the plan will be built
out.
Mr. Schmid requested that the closed drainage system be shown on the plan. Snow removal was discussed. Mr. Schmid noted there were only minor issues left to resolve and that the comments in his review letter could be incorporated into the Board's draft decision if they approved the plan.
Waiver requests were discussed. Mr. Campbell explained that a waiver from the registered professional surveyor's stamp requirement was requested for the site plan because a surveyor's stamp was provided on a recent Form A plan for the site. Mr. Schmid stated he felt it was a bad precedent to waive a surveyor's stamp.
Site lighting was discussed. After discussion, motion was made to approve the waivers, as read, from Sections 4.15, 4.16, 4.21, 4.22, 5.4, 5.4, 5.6.2, 5.7.1, 5.7.6; motion seconded; motion passed by unanimous vote.
Conditions of approval were discussed.~ Board members discussed requesting an option for applicant to modify the plan by providing a drainage area as a precaution if the commerce park's drainage is not satisfactorily completed when construction on the building starts.~ After discussion, it was agreed the applicant could proceed with the building foundation if allowed by the Building Commissioner and then modify the plan if needed for the drainage.~ Mr. Campbell asked to "split the difference" by allowing a perforated drain at the rear of the lot for some drainage.~ Mr. McCarthy suggested the drainage basin could be approved by the Board but then not built unless needed.
After discussion, motion was made to approve the site plan entitled "Raynham Woods Commerce Center, Stage 1 Site Plan Prepared for Silvia and Quinn, Lot 30," dated March 31, 2005, revised September 4, 2005, prepared by Robert Campbell, P.E., Taunton, MA, with the conditions discussed and waivers as approved; motion seconded; motion passed by unanimous vote.~ A Certificate of Action will be issued.~
8:10 p.m. - Public hearing for North Light Realty Trust, Map 16, Lot 61, Route 44, site plan was reconvened. A request for continuance was received from William M. Pezzoni, Mirick O'Connell Attorneys At Law. After discussion, the public hearing was continued to September 22, 2005, 7:25 p.m. No testimony was taken.
Motion was made to accept the minutes of August 11, 2005 and to waive the reading; motion seconded; motion passed by unanimous vote.
General Business: Lender's Agreement for Village at Foxwoods was received. During discussion, it was noted Town Counsel Marc Antine reviewed the Agreement and it was acceptable. Board members signed the Agreement.
General Business: Monroe Electric, Richmond Street, site plan was discussed. During discussion, it was noted that during site plan hearings, the applicant's engineer acknowledged there were zoning violations at the site that have not been remedied. After discussion, Board members agreed to send a letter to Rod Palmer informing him of the situation.
There was no further business and the meeting adjourned at approximately 8:30 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
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