The Raynham Planning Board held a meeting on Thursday, December 8, 2005, at Raynham Town Hall, with Daniel Andrade, John Canto, Henry Ellis and Chris Gallagher present. Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and review consultant John Schmid of Judith Nitsch Engineering, Inc. (JNEI).
Chairman Andrade opened the meeting at 6:30 p.m. The Metro Mazda-Ford site plan was submitted for endorsement. Memorandum of plan review, dated November 29, 2005, was received from JNEI. Memorandum dated December 8, 2005, regarding endorsement was received from Brian Dunn. Mr. Schmid informed the Board the plan was acceptable. Board members endorsed the site plan.
After discussion, Board members agreed that in the future all plans being presented to the Board for approval or endorsement should have a final review by JNEI and be ready for approval on the Monday prior to a Board meeting.
6:42 p.m. – Brian Mulligan, developer of Village at Foxwoods (located off Carver Street), appeared before the Board to discuss his letter dated December 1, 2005, regarding lot releases. Mr. Mulligan requested the release of Lot 8 in Foxwoods and in exchange he will return Lot 3 to the covenant agreement. Mr. Mulligan explained he has a buyer for Lot 8 and the lot must be released before he can proceed with construction. During discussion, it was noted all lots were not released together because the Board is holding two lots as additional surety. After discussion, it was agreed a new covenant for the return of Lot 8 must be recorded at the Registry of Deeds before the Form J can be recorded. After discussion, motion was made to sign the Form J releasing Lot 8 and to hold the Form J
in escrow until Mr. Mulligan submits a copy of the newly recorded covenant to the Planning Board office; motion seconded; passed by unanimous vote. The Form J was signed and held in escrow for Mr. Mulligan.
6:45 p.m. – Dave Waluka appeared before the Board with a proposed minor modification to the Susi/Gardiner Street site plan. A Memorandum dated April 21, 2005, regarding the final as-built plan for the site was received from JNEI. Mr. Waluka explained to the Board that the as-built plan shows the building in a different location than shown on the approved plan because it pivoted during construction.
John Schmid explained his April 21st correspondence and updated the Board on the drainage and the building location. After review and discussion, motion was made to approve the two proposed changes as minor modifications to the approved Susi & Sons, 350 Gardiner Street site plan; motion seconded; motion passed by unanimous vote.
Mr. Waluka requested release of the balance of project review fees for Susi/350 Gardiner Street site plan. Mr. Waluka agreed to send to the Board a written request for the funds. Motion was made that after receiving written request for the release of the funds, the balance will be released after it is determined all invoices are paid.
6:55 p.m. – Mark Tisdale, Hayward-Boynton & Williams, presented a Form A plan for land on Rte. 138, owned by Massassoit Greyhound Association, Inc. After review, it was determined the plan needed revisions. Mr. Tisdale requested the plan be withdrawn. Motion was made to allow the plan be withdrawn; motion seconded; motion passed by unanimous vote.
7:00 p.m. – Paul George, Raynham, MA, presented Form A plan for land on Elm Street East. The plan was reviewed. During review, it was noted an MLC and the proper deed were not submitted. Motion was made to approve as an ANR plan the “Plan of Land In Raynham, MA. Prepared for Paul George,” prepared by Earth Services Corp., Taunton, MA, dated November 30, 2005, and to hold the plan in escrow until the proper paperwork is submitted to the Planning Board; motion seconded. Discussion followed regarding Lot 1B on the plan. Motion was amended to withdraw the previous motion; motion to amend seconded; motion passed by unanimous vote. Mr. George requested the plan be withdrawn. Motion was made to withdraw the plan; motion seconded; motion passed by unanimous
vote.
7:15 p.m. – Public hearing opened for Bassett Knoll (located off Pleasant Street and Locust Street) preliminary subdivision plan. A request for continuance was received from Donald E. Shute, Trustee. After discussion, the public hearing was continued to January 12, 2006, 7 p.m. Mr. Canto noted he would not be present at the January 12th meeting.
Mr. Andrade explained to those present the Board’s new policy to schedule all public hearings for one block of time, i.e. 7 p.m., in an effort to manage the meetings efficiently. Mr. Gallagher noted that scheduling could be a problem for engineers who might be attending more than one meeting in an evening. After discussion, the Board agreed to try scheduling three or four meetings for each half-hour block of time with Form A plans scheduled beginning at 6:30 p.m.
7:18 p.m. – P.J. Babineau, Outback Engineering, Middleboro, MA, presented a Form A plan for land on White Street. Proper application and fee were submitted. Mr. Babineau noted a Form A plan for this land was previously approved but it was now being reconfigured to accommodate the required 45,000 sq. ft. lot size for the Zone II wetland area. After review, motion was made to approve “Plan Of Land On White Street In Raynham Massachusetts,” prepared by Outback Engineering, dated December 7, 2005; motion seconded; motion passed by unanimous vote. The plan was endorsed.
7:28 p.m. – Public hearing for Karen’s Way modified preliminary subdivision plan was opened. Mr. Gallagher read the hearing notice. Kevin Walker, P.E., K & J Engineering, and applicant Steve Hansen were present. Mr. Walker explained the proposed modified nine-lot conventional subdivision layout. He noted the North Raynham Water District (NRWD) told Mr. Hansen there was no need to loop the water but he could extend the water main to the church on Robinson Street. Mr. Andrade stated that he received a letter from the NRWD stating the water could be looped. Mr. Walker noted Mr. Hansen was agreeable to looping the water main. Mr. Hansen informed the Board he discussed the matter with Arthur Benedelli at the NRWD but he is agreeable to the looping if the Board wanted
that done.
Mr. Andrade apologized for the Board failing to inform Mr. Benedelli the water looping would be done in consideration of a waiver being granted to Mr. Hansen to allow the additional ninth lot on Karen’s Way.
Mr. Andrade asked if anyone present had any comments or questions. There were none.
Mr. Ellis asked Mr. Hansen if there was a cost associated with the looping and was he agreeable to it being done. Mr. Hansen stated there was a cost but he was okay with it and it would be good for all.
Motion was made to accept nine lots as shown on the plan entitled “Preliminary Subdivision Plan ‘Karen’s Way’ In Raynham, MA Assessors Map 1, Parcels 27 & 28 Sketch Plan,” dated November 28, 2005, with the condition that the ninth lot is not to exist without a water loop from Broadway; motion seconded; motion passed by unanimous vote.
7:37 p.m. – Public hearing for Route 44 Gas/Delaney site plan was reconvened. Request for continuance, dated December 7, 2005, was received from applicant Bo Delaney. Mr. McCarthy informed the Board that changes are being made to the site plan. Mr. Schmid stated he has seen the revised plan. After discussion, the hearing was continued to December 22, 2005, 7:32 p.m. No testimony was taken.
7:40 p.m. – Public hearing for Ira Smith Truck Rental & Repair/1900 Broadway site plan was reconvened. Request for continuance was received from applicant. After discussion, the hearing was continued to December 22, 2005, 7:32 p.m. No testimony was taken.
7:41 p.m. – Public hearing for The Homestead subdivision (located off Mill Street) plan was opened. Mr. Gallagher read the hearing notice. Review correspondence, dated December 8, 2005, was received from JNEI, letter dated December 7, 2005 was received from Highway Superintendent Roger Stolte, and letter dated December 6, 2005 was received from Town of Raynham Historical Commission. Mark Tisdale, P.E., Hayward-Boynton & Williams appeared before the Board and reviewed the proposed plan. He noted water service will be extended to the subdivision. He agreed to review Mr. Stolte’s letter and consider his request to add a manhole on Mill Street. Mr. McCarthy suggested Mr. Tisdale talk to Mr. Stolte regarding a piece of land that is needed for a bike path Mr. Stolte is
working to create. Mr. Schmid noted Mr. Stolte would like a right-of-way or an easement towards the bike path.
Mr. McCarthy noted Mr. Stolte suggested cluster mailboxes. After discussion, Board members agreed that was an issue for the postal service not the Town. Mr. McCarthy also noted Mr. Stolte would like indemnification from owners recognizing the fact that the subdivision abuts commercially zoned property. After discussion, Board members agreed they may consider that issue at a later time. Mr. Schmid noted waivers, EIS, sewerage and sidewalk issues could be considered with the definitive plan.
Mr. Schmid complimented Mr. Tisdale on the detail he presented on the preliminary plan.
The Board took no action on the preliminary plan.
8:00 p.m. – Richard Mastria, Taunton, MA, Alex Stylos, E. Freetown, MA, and William Bearce, Brockton, MA, appeared before the Board to discuss a proposed site plan at 244 North Main Street. Mr. McCarthy explained that a special permit to allow an adult daycare center at the Visiting Nurse’s Association had recently been granted and the parking area was reconfigured. He noted Bearce Insurance Co. will be filing a site plan for a new building to house the insurance business, which will be a temporary location until the Mastria-owned business moves out of the site.
Mr. McCarthy further explained that Mr. Stylos wants to start the interior work at the daycare center and he believed the required parking changes associated with the special permit may trigger site plan approval. Mr. Gallagher questioned if site plan approval is needed but after reading the applicable by-law he agreed it was necessary. Mr. Stylos and Mr. Mastria discussed the proposed daycare use at the site. The parking area, drop-off area and handicap parking spaces were discussed. Mr. Schmid suggested reducing the handicap spaces to what was lawfully required and relabeling some existing parking spaces to create the drop-off area.
After discussion of the proposed insurance office building, it was agreed site plan approval is not required if the building is less than 800 square feet. Mr. Ellis stated he did not like the proposed location of the insurance building but he was agreeable to the adult daycare issue.
After further discussion, it was agreed that site plan approval would not be needed for the insurance building as proposed. Motion was made that before any occupancy permit is issued for the building, all project review fees for this site must be paid; motion seconded; motion passed by unanimous vote. Motion was made that site plan review is not required for the proposed plan presented to the Board; motion seconded; motion passed by unanimous vote.
8:20 p.m. – Karl Wells, 169 Katherine’s Way, appeared before the Board regarding Katherine’s Way (located off North Main Street) subdivision plan. Mr. Gallagher noted that in order not to contaminate the process, testimony regarding this subdivision could not be taken now and could only be done at a public hearing for Katherine’s Way. Mr. Gallagher suggested Mr. Wells talk with the Town Planner at his office and he could view the public records there if he wanted. He stated the Board could not violate the public hearing laws.
Mr. Wells asked if generally JNEI reviews plans; the Board answered yes. Mr. Wells asked if the fire department reviewed plans. Mr. Gallagher explained that plans went out to all departments and if a department did not respond to the Board on a plan, it was deemed as no comment. Mr. Gallagher noted all written comments are public record.
Mr. Wells stated he would be at the December 22nd public hearing for Katherine’s Way. Mr. Canto suggested if Mr. Wells or anyone else interested could not make the hearing, they could submit a letter to the Board.
8:25 p.m. - General Business: Letter was received from Raynham Historical Commission regarding Homestead subdivision (off Mill Street). Mr. Andrade stated the letter will be incorporated into the definitive plan process if relevant.
Letter dated November 17, 2005, was received from Roger Stolte re. Lot 5 Forge River Park. Board members noted the project has been approved.
Letter received from Thiel Development requesting release of surety funds for Finch Farm Condominiums site plan. JNEI Memorandum, dated November 28, 2005, was received. John Schmid established a construction cost estimate of $5,210 for lots 1 through 5 on the plan. Mr. Schmid informed the Board it appeared the parking lot at Building 1 was settling below the manholes.
After discussion, Board members agreed to hold the surety funds and to request that Mr. Thiel appear before the Board on January 12, 2006 to discuss the matter.
Construction Cost Estimate, dated December 2, 2005, was received from JNEI re. Berry Hill ARC. Mr. Schmid informed the Board he did not provide typical subdivision construction observation services because the developer did not invite him to but he did some periodic site inspections. After discussion, it was agreed Mr. McCarthy will review the Certificate of Action relative to site inspections. Mr. Schmid noted he does not have many concerns with the work to be done and he has the basin as-built plan. He also noted he included the value of the sound barrier in his Construction Cost Estimate but developer Nick Mirrione does not want that cost included because he prefers to post a bond without that item included or he wants to construct the sound barrier and return to the Board for a
reduction.
After discussion, Board members agreed they were not ready to set the surety bond amount for the project. Mr. Andrade noted he would rather first see the sound barrier constructed.
Memorandum dated November 29, 2005, re. Miboden/Toyota As-Built Review as received from JNEI. Mr. Schmid informed the Board the basin at the site was okay.
Letter dated December 6, 2005 was received from Michael W. Surrey, Gordon P. Rose, Kevin J. Post and David J. Horan regarding the Westcott one-lot subdivision off Oak Street. No action was taken.
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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