A special meeting of the Raynham Planning Board was held on Wednesday, November 16, 2005, at Raynham Town Hall.~ The meeting opened at 6:30 p.m. with Chairman Daniel Andrade, Burke Fountain, John Canto, Chris Gallagher and Henry Ellis present.~ Also present were Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.~
6:31 p.m. - Evergreen Estates (off White Street) definitive subdivision plan was presented for endorsement.~ The mylar plan was presented by itself without any paper copies.~ After discussion, Board members agreed they would endorse the mylar but when the engineer makes the copies of the endorsed mylar, a letter from the engineer shall accompany the copies verifying that no changes were made to the plan. It was also noted no easements were provided.~ After discussion, Board members agreed to endorse the plan and hold it in escrow pending approval of the easements by Mr. Fountain.~ The mylar copy was signed.
6:45 p.m. - Public hearing was opened for Karen's Way (off Robinson Street) Open Space Special Permit.~ Mr. Gallagher read the hearing notice.~ Applicant Steve Hansen and Brian McLaughlin, K & J Engineering, were present.~ Correspondence dated November 1, 2005 was received from Highway Superintendent Roger Stolte.~ Mr. McLaughlin submitted a letter from Kevin Walker, P.E., K & J Engineering, dated November 16, 2005, requesting a ninth lot in the open space subdivision.~ In his letter, Mr. Walker requested the Board, in accordance with Section 3.4 of Subdivision Rules and Regulations, grant a waiver from Section 8.11 of the subdivision regulations to allow the length of the proposed dead-end street to be 1557 feet rather than 1350 feet as allowed by zoning regulations.~ Mr. McLaughlin stated the requested waiver of
the road length would avoid the need of a variance from the Board of Appeals to allow the ninth lot, which was explained in Mr. Walker's letter.
Board members discussed whether or not the Planning Board has the authority to waive Section 8.11 as requested or whether the issue should go to the Board of Appeals.~ Mr. Ellis stated he did not want rules to be changed even if there was benefit to the requested waiver.~ Mr. Gallagher noted the subdivision regulations allow the Board the authority to grant waivers from the regulations.~
Mr. Hansen addressed the Board and explained that Kevin Walker thought the new approach by the subdivision regulations might be easier procedurally than going to the Board of Appeals but that he would go to the ZBA if necessary to gain the ninth lot and keep his existing house lot.
Mr. Andrade noted that if Mr. Hansen was not agreeable to providing water mains as discussed, he would not consider the waiver and he was against allowing the extra lot if there was no benefit to the area and the Town.~ Mr. Fountain said he would consider the waiver if there was a benefit to the Town.
Mr. Hansen explained that an eight-inch water main would be coming off Broadway and the NRWD had voted that a water loop is not needed and the district will be sending the Board a letter stating that fact.~ Mr. Andrade noted the NRWD did not know the request for the water loop was related to Mr. Hanson's request for a ninth lot in the subdivision.~ Mr. Hansen explained he received a $200,000 bid to install the water loop but he felt the price was not justified for one additional lot.~ Mr. Andrade again stated there must be a benefit to the Town to allow the additional subdivision lot.
Mr. Gallagher asked if the existing house was taken down, could the lot be given to the Town as a possible location for a fire station, as first proposed. After discussion, Board members agreed the Mr. Hansen could choose to keep the existing house or not keep it if the ninth lot is allowed.~
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Bill Vareika, Robinson Street, addressed the Board and questioned whether or not the possible lot for a fire station would be affected by the Board's decision to grant the additional ninth lot.~ Mr. Hansen stated the new subdivision plan shows a cul-de-sac area but does not show land for a fire station.~ Mr. Andrade noted there would be no fire station lot if Mr. Hansen brought water to the area.~ Mr. Vareika said he felt North Raynham needed a fire station.
After further discussion, Mr. Andrade and Mr. Gallagher stated they were okay with the waiver request, Mr. Ellis stated he had a problem with it, and Mr. Canto stated he thought it was okay for public safety reasons.~ After discussion, it was agreed a modified subdivision plan must be submitted and a public hearing will be held on the modified plan.~ Board members agreed Mr. Hansen would be responsible only for the advertising costs for the hearing.~~~
Mr. Hansen agreed to proceed with the Planning Board on the possibility for a ninth lot and to refine the cost for installing the water loop to the area.~ The Board advised Mr. Hansen to have all information in order when he returns to the Board.~
After discussion, the public hearing for the definitive subdivision plan and the special permit was continued to December 22, 2005, 6:30 p.m., and a hearing for the modified preliminary plan would be scheduled for December 8, 2005.
7:40 p.m. - Robert Barboza and Kevin Perry appeared before the Board to request a temporary occupancy permit for Route 44 Toyota reconditioning shop.~ Mr. Perry~updated the Board on the status of the site plan project.~ He noted JNEI issued a Memorandum on August 26, 2005 detailing conditions at the site and that since that date the outstanding issues have been resolved.~ Mr. Perry told the Board he did not have a new as-built plan yet to submit.~
Board members and Mr. Barboza discussed the fact that the building construction was done without conforming to the site plan.~ Mr. Barboza stated it was an oversight that the proper procedure was not followed.~ He noted building light paks were added to the building in order to avoid any problems with light spilling off the site.~ Mr. Barboza told the Board a check for $21,780 was submitted to the Planning Board office as surety and he requested the Board determine that amount to be sufficient for granting an occupancy permit.~~
After further discussion, it was agreed JNEI shall review and approve the new as-built plan, determine the proper bond amount and also that there shall be a time limit on the temporary occupancy permit.~ Motion was made that an as-built plan for the site shall be submitted and a temporary occupancy permit shall be granted after JNEI reviews the as-built plan and determines the proper bond amount needed, and the temporary occupancy permit shall be revoked six months from March 2006 if the building is not completed; motion was seconded; motion passed by unanimous vote.
7:52 p.m. - Public hearing for 1900 Broadway/Ira Smith Truck Rental and Repair site plan was opened.~ Mr. Gallagher read the hearing notice.~ Review correspondence dated November 15, 2005 was received from JNEI.~ Letter dated November 16, 2005 was received from Wade Smith, requesting a continuance of the hearing.~ After discussion, it was agreed to continue the hearing to December 8, 2005, 7:35 p.m.~ No testimony was taken.
7:55 p.m. - Form A for 914 North Main Street was tabled to later in the meeting.
7:56 p.m. - Public hearing for Lot 5 Forge River Park site plan was reconvened.~ Nyles Zagar, P.E., Outback Engineering, Inc., and applicant GeorgeTurner were present.~ Review correspondence dated November 14, 2005 was received from JNEI.~ After discussion, it was noted the revised plan was reviewed by JNEI and the waivers were discussed but not voted on at the previous hearing.~ Mr. Andrade informed the Board he will be abstaining from voting because he missed the last hearing.~
Mr. Turner informed the Board that the building's sign will be located at the driveway.~ After discussion, it was agreed that the sign could be illuminated between 4:30 a.m. and 9 p.m.
It was determined that the proper waivers were listed on the plan.~ Motion was made to approve the requested waivers from Sections 4.2; 4.14; 4.15; 4.2.2; 5.1.3; 5.1.5; 5.3.2.2; 5.4; 5.6.2; 5.6.4; 5.7.2; and 5.7.6; motion seconded.~ During discussion, it was noted the waiver from Section 4.4.2 was deleted.~ Motion was made to amend the previous motion to approve the waiver requests except for Section 4.2.2; motion to amend was seconded and passed by unanimous vote.~ Motion to approve the original motion as amended passed with four in favor and Mr. Andrade abstained.
General Business:~ The minutes of October 27, 2005 and October 13, 2005 were received.~ Motion was made to accept the minutes and waive the reading; motion seconded; motion passed by unanimous vote.
Letter was received from Sean D. Medeiros, Controller, of Boston Rack, Inc., requesting release of the surety bond funds and project review funds for the 370 Paramount Drive site plan.~ Mr. Medeiros requested the funds be split into two separate checks, one each for Boston Rack, Inc. and American Material Handling.~ After discussion, motion was made to release the funds in a single check; motion seconded; motion passed by unanimous vote.~
Memorandum dated November 1, 2005 was received from JNEI re. Johnson & Johnson 2004 Addition site plan.~ JNEI advised the Board the closed drainage system at the site conforms to the site plan.~ No action was taken on the correspondence.
Letter dated November 16, 2005 was received from Brian Mulligan, developer of Village at Foxwoods (off Carver Street).~ Mr. Mulligan informed the Board that at the next meeting he will be requesting subdivision Lots 8 and 9 be released.~ Mr. Mulligan noted in his letter that he felt the amount of the surety bond being held is excessive.~ After discussion, Board members agreed the matter would be referred to JNEI for a site visit.
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Board members and Mr. McCarthy discussed the idea of refining the procedure for reviewing plans, waiver requests and potential conditions of approval before a Board meeting in order to make the meeting process smoother for applicants and the Board.~ During discussion, Board members agreed it was good policy to give an applicant an indication of their position on waiver requests before a final vote is taken on a plan and waiver requests.~ After further discussion, Board members agreed in the future all plans should be submitted to the Planning Board office two weeks prior to a scheduled meeting so the plans can be reviewed by the office and JNEI before being presented to the Board at a meeting.
8:47 p.m. - Form A was presented for land on 914 North Main Street, owned by Melvin Jordan.~ Proper application and fees were submitted.~ After review of the plan, motion was made to approve the plan entitled "Plan of Land In Raynham, Massachusetts, Owned By Melvin P. Jordan," dated July 11, 2005, prepared by Hayward-Boynton & Williams; motion seconded; motion passed by unanimous vote.~ Mr. Gallagher signed the plan.
8:54 p.m. - The Board went into Executive Session to discuss pending litigation with Russell S. Grabau.
9:02 p.m. - Executive Session ended.~
There was no further business and the meeting adjourned at 9:03 p.m.
Respectfully submitted,
Raynham Planning Board
Chris Gallagher, Clerk
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