Town of Raynham, MA - Planning Board Minutes December 22, 2005

The Raynham Planning Board held a regular meeting on Thursday, December 22, 2005, at Raynham Town Hall. Board members Daniel Andrade, Burke Fountain, John Canto, Chris Gallagher and Henry Ellis were present. Also present were Town Planner Richard McCarthy, review consultant John Schmid, Judith Nitsch Engineering, Inc. (JNEI), and Administrataive Assistant Maureen McKenney.

6:31 p.m. – Public hearing for Karen’s Way definitive subdivision (located off Robinson Street) was reconvened. Kevin Walker, P.E., K & J Engingeering, Middleboro, MA, was present along with applicant Steve Hanson. Mr. Hansen informed the Board the plan was acceptable to Arthur Benedelli of North Raynham Water District (NRWD). Mr. Gallagher noted that the NRWD Commissioners do not know about the plan so Mr. Hansen should talk to them about it. Mr. Andrade apologized for the Board not sending a letter to the District on the issue.

Mr. Walker reviewed the plan, noting the road is the same with nine lots as it was with 8 lots. He noted a parcel will be conveyed to the Town for a Robinson Street turnaround, drainage or whatever may be needed; the new plans have not yet been reviewed by JNEI; there is a new property line on the plan shown along the stone wall; more open-space is included in the plan and lots 1 through 5 are larger. He noted the wetland flags were relocated and there will now be an 800 sq. ft. wetland filling. Mr. Walker stated the bulk of JNEI comments were addressed and Roger Stolte and Conservation Commission are okay with the plan. John Schmid stated he will have his review completed for the next meeting.

Mr. Andrade explained that at the last meeting, the Board granted a waiver to allow nine lots with the condition the developer provide a water loop from Broadway. Mr. Andrade stated he would like to conclude Karen’s Way at the next meeting. After discussion, Board members agreed the issues to be voted on are the definitive plan, the open-space special permit and the waivers. Mr. Canto noted he will not be present at the January 12^th meeting. After discussion, it was agreed Mr. Fountain would be able to vote on the plan because there was no definitive plan testimony at the first public hearing. The hearing was continued to 6:45 p.m. January 12, 2006. No testimony was taken.

6:45 p.m. – Phil Martin, Raynham, MA, presented a Form A plan for land on Sandy Hill Road. During review of the plan, it was noted the land may not have frontage on a Town way. Board members discussed whether or not an ANR plan or a subdivision plan is applicable for the property. After discussion, it was agreed that Mr. Martin will research the matter further and he will provide the Board with a sketch showing the present condition of the road. Mr. Martin then requested the plan be withdrawn. Motion was made to allow the plan to be withdrawn without prejudice; motion seconded; motion passed by unanimous vote.

7:07 p.m. – Public hearing for Butler’s Way waiver of frontage plan was opened. Mr. Gallagher read the hearing notice. Attorney David Gay, Taunton, MA, appeared before the Board as Petitioners’ representative. He explained the proposed plan, noting the property was previously before the Planning Board as a one-lot subdivision, the land is off Warren Street West, a variance from frontage requirements was granted by the Board of Appeals, the proposed plan will have very little impact on the wetland, the waiver of frontage approval is for driveway access to the back land.

Mr. Gallagher noted this plan is better than the previous plan submitted to the Board and he was okay with it. Mr. Canto noted the Planning Board had suggested the applicant seek a variance from the ZBA. Mr. Fountain noted there is adequate visibility from the site. Attorney Gay noted he visited the site and found no site distance problems. Mr. Fountain stated the plan was not a problem to him if the sight distance was okay. Mr. Canto agreed.

October 28, 2005, prepared by Hayward-Boynton & Williams, Taunton, MA, as the Board found that the frontage is adequate as per the Zoning Board of Appeals decision dated September 21, 2005; motion seconded.

After discussion, the Board agreed on the following conditions of approval: the driveway shall be a minimum of ten feet from all surface utility structures; the location of the driveway shall be provided to the Raynham Highway Department for its review and approval; and concrete bounds and iron pins shall be installed at the property and the layout for Warren Street West, and the house shall have a Warren Street address.

Mr. McCarthy asked if the Board was waiving the road standards. After discussion, it was agreed the Board was not doing that. Motion was made to amend the prior motion to add the conditions as stated; motion to amend seconded; motion passed by unanimous vote. Motion was made to approve the amended motion; motion seconded; motion passed by unanimous vote.

7:23 p.m. – Public hearing for Roger’s Lane subdivision (off North Main Street). Attorney David Gay, Taunton, MA, appeared before the Board to request a continuance. He noted the ANRAD has been appealed so the applicant is not ready to proceed.

Karl Wells, 169 Katherine’s Way, asked the Board if a plan is filed with a wetland delineation over three years old, is the plan considered accurate and is it procedurally correct, pursuant to Subdivision Rules and Regs. Section 3.2, to proceed with that plan. Mr. Andrade noted the Board was not taking testimony so they could not answer the question. After discussion, the hearing was continued to February 23, 2006, 7 p.m.

7:30 p.m. – Paul George, Raynham, MA, presented a Form A plan for land on Elm Street East. Proper application and fees were submitted. After review of the plan, motion was made to approve “Plan Of Land In Raynham, MA. Prepared For Paul George,” prepared by Earth Services Corp., Taunton, MA, dated November 30, 2005, revised December 12, 2005”; motion seconded; motion passed by unanimous vote. The plan was endorsed.

7:36 p.m. – Paul Coelho, Lakeville, MA, appeared before the Board, on behalf of applicant Paulette Rioux, with a Form A for land on Nottingham Drive. After review of the plan and application, motion was made to approve “Plan of Land At Lot No. 12 – Nottingham Drive In ‘Sherwood Estates’ Located In Raynham, Massachusetts Prepared For Corporate Construction,” prepared by Arthur F. Borden & Associates, Inc., dated December 5, 2005, subject to a municipal lien certificate with no taxes due and a note on the plan indicating there are no wetlands on the parcels in question; motion seconded; motion passed by unanimous vote. The plan was endorsed and will be held in escrow until the conditions are satisfied.

7:38 p.m. – Public hearing for Rte. 44 Gas/Delaney site plan was reconvened. Owner/applicant Bo Delaney appeared before the Board and updated them on the status of the plan. Mr. Delaney stated that in response to the Board’s concerns with the drive-through at the back of the site, he obtained an easement from abutter Jack Pillsbury to go through his land.

Mr. Pillsbury informed the Board that his abutting property is undersized and cannot be sold and he has granted an easement to Mr. Delaney for a turning area. It was noted the easement is permanent.

John Schmid informed the Board the revised plan is a significant improvement and allows for three tractor-trailer stacking and the car stacking area is now only one car short. Mr. Schmid stated his only concern is the area with the stop sign but signage should help along with responsible driving.

Mr. Andrade noted there were improvements but the plan was still of concern to him because of all the activity planned for the small site. Mr. Fountain noted the rear of the site was okay but stacking at the street was a problem. Discussion followed about the new entrance with one curb cut. Mr. Canto noted the site was tight. During discussion, it was noted nine waivers are being requested for the plan and it was agreed there were further improvements to be made.

8:08 p.m. – Public hearing for Ira Smith Truck Rental & Repair /1900 Broadway was reconvened. Ken Motta, P.E., Field Engineering, Taunton, MA, was present along with applicant Wade Smith and Jim Leonard.

John Schmid reviewed his correspondence dated November 15, 2005. He noted there are many waivers being requested and some issues have been addressed since the letter. Mr. Schmid noted the proposed landscaping is at the Board’s discretion and the proposed lighting is okay with the wall paks on the side of the building.

Waiver requests were discussed. Parking was discussed. It was noted the proper number of parking spaces is being provided. After discussion, it was agreed the parking spaces between the building and the street shall be used for rental display vehicles only and no sale or storage of repair vehicles will be allowed at the front of the site.

Attorney Michael Morrizzio, representative of Broadway Realty Trust, stated to the Board that his client is agreeable to the project. He noted there is an ancient right-of-way through the Ryan Iron property that is a connection to Broadway. After discussion, it was agreed the building should be moved one foot to accommodate the right-of-way.

Board members discussed conditions that the site lighting issue may be revisited if necessary, parking in front of the site is for display only and the proposed fence may be eliminated and more plantings/shrubbery shall be added in its place.

After discussion, motion was made to approve the waivers as presented with the exception of the requested waiver for sloped granite curbing at the entrance; motion seconded; motion passed by unanimous vote.

Motion was made to approve the site plan entitled “Ira Smith Truck Rental & Repair Proposed Site Development, 1900 Broadway, Raynham, MA,” prepared by Field Engineering, Taunton, MA, dated December 20, 2005,” motion seconded; motion passed by unanimous vote.

8:45 p.m. – Lot 5 Forge River Parkway site plan was presented for endorsement and minor modification. John Schmid explained the minor modification to the Board, noting the berm at the site entrance is being changed from granite to monolithic. After discussion, motion was made to approve the minor modification as proposed; motion seconded; motion passed by unanimous vote. The site plan was then endorsed.

8:50 p.m. – Discussion re. Berry Hill ARC - Fred Clark appeared before the Board to discuss lot releases at Berry Hill. Mr. Clark requested the Board approve the surety bond amount and release Lots 9 through 14 and Lots 44 – 50. Correspondence dated December 16, 2005 was received from JNEI. Mr. Schmid informed the Board the bond amount did not include the sound barrier to be constructed but the barrier is 25% to 30% completed. He noted he was not able to view construction of the road and he suggested methods available for testing it now. He noted the developer Nick Mirrione informed him he would work on JNEI’s punch list of items if the lots are released.

Board members agreed the road must be properly constructed and inspected, and they will not take lightly issues that are not completed correctly. The Board advised that proper procedure should be followed.

Mr. Clark noted the Board will be holding 35 lots as surety for work. Mr. Schmid noted he did not include in his bond estimate an amount to cover road replacement. Mr. Canto suggested basing the contingency fee on road replication should it be necessary. During discussion, it was noted the lots being requested for release are on roads with a binder course that can redone with the contingency fee if needed.

The Board questioned why Mr. Schmid did not inspect during road construction. Mr. Schmid explained he was told the road was private and need not inspect it. After discussion, motion was made to release lots 9 through 14 and Lots 44 through 50 in Berry Hill ARC and the Form J shall be held in escrow until a revised bond for an additional $385,747 is received and also subject to Town Counsel approval of the Bond; motion seconded; motion passed four votes in favor and Mr. Gallagher abstained. The Form J was signed and held in escrow.

9:06 p.m. – Mark Tisdale, Hayward-Boynton & Williams, presented a Form A plan for land on Broadway owned by Massassoit Greyhound Association. Proper application and fees were submitted. After review of the plan, motion was made to approve as an ANR plan “Plan Of Land In Raynham, Massachusetts Owned By Massassoit Greyhound Association, Inc.,” prepared by Hayward-Boynton & Williams, dated November 21, 2005; motion seconded; motion passed by unanimous vote. The plan was signed.

9:10 p.m. – Adam Silverlieb presented a proposed minor modification to the Silko Kia site plan. Mr. Silverlieb explained the minor modification is to add 149 square feet to the service drive for improved circulation.

Motion was made to approve as a minor modification to plan entitled “Silko Kia in Raynham, Massachusetts,” drawn by Beals & Thomas, dated November 8, 2004, last revised November 15, 2005; motion seconded; motion passed by unanimous vote.

9:13 p.m. – Steven and Ida Cattagio appeared before the Board for site plan determination at Petty Cash Towing, South Street East. Mr. McCarthy explained the Building Inspector advised that site plan approval was needed for the proposed garage they want to construct on their property for their towing business, which is located in a business zone on South Street East. Mr. McCarthy explained that courtesy notices were sent to the abutters so they would be informed of the situation. It was noted the Board previously determined site plan approval was not needed for the office space used by the business at this site.

Mr. Gallagher noted he spoke to the Building Inspector about the site and the Building Inspector indicated he could accept a negative determination for site plan approval. After discussion, Mr. Ellis and Mr. Canto agreed that site plan approval is required but the fees and some requirements could be waived.

Roger Roy, 837 Orchard Street, addressed the Board and stated he was against the proposal. He noted the site is “a mess” with trailers on site and items piled up. He also noted he has a right-of-way through the property but was told by the owners there would be problems if he used it.

After discussion, it was agreed site plan approval was needed and the plans need not be engineered but should be drawn to scale, the trailers on site should be shown on the plan and should be labeled “to be removed,” and there should be nothing on the right-of-way.

Steven Dion, 869 South Street, asked what type of business was being conducted. Mr. Cattaggio stated towing. Mrs. Cattagio stated no repairs were done. Mr. Dion asked how many cars could be stockpiled. Board members noted there were limits to the number of cars allowed. Mr. McCarthy noted the proper filing fee must be submitted and it can be waived if the Board chooses.

9:36 p.m. – Attorney David Frenette appeared before the Board to discuss modification of the special permit for Carriage Hill Estates. Attorney Frenette submitted copies of a Mortgage, Promissory Note and Agreement related to settlement of Russell Grabau’s lawsuit against the Town of Raynham. Attorney Frenette explained that in exchange for a modified special permit to allow 20 building permits issued at Carriage Hill subdivision within a twelve-month period, Mr. Grabau will submit a mortgage to the Town of Raynham to be held in escrow but not to be recorded at the Registry of Deeds, and at each property closing for Carriage Hill Estates, Mr. Grabau will pay $5,000 to the Town, for a total of $75,000 to be paid. Attorney Frenette noted that to-date nothing has transpired with the complaint filed by Mr. Grabau and the court case will be dismissed when the agreement is signed and the modified special permit is issued.

After discussion, it was agreed Town Counsel should review the mortgage documents. John Canto offered to deliver the documents to Marc Antine the next day. The matter was tabled to January 12, 2006.

9:47 p.m. – Request for return of balance of project review funds for 290 Broadway site plan was received. After discussion, motion was made to release to Daniel Andrade the balance of project review fees being held by the Town for 290 Broadway site plan; motion seconded; motion passed four in favor; Mr. Andrade abstained.

Letter dated December 19, 2005 was received from Town Planner Richard McCarthy re. 275 New State Highway. After discussion, it was agreed no monies will be released at this time from the escrow surety account for the 275 New State Highway site plan.

Letter dated December 16, 2005 was received from Thomas Armitage of QBI Homes, Inc., requesting release of funds being held by the Tri-Partite Agreement for Finch Farm. After discussion, Board members agreed no funds would be released until all work is completed.

Letter dated December 20, 2005 was received from Town Counsel Marc Antine informing the Board that Bristol County Superior Court denied the motion to dismiss, on the grounds of lack of standing, the civil action brought by Demoulas Supermarkets in the Wal-Mart Rte. 138 matter. No action taken on the letter.

Mr. Andrade informed the Board that he received a letter from the State Ethics Commission informing him there will be no investigation of possible conflict-of-interest regarding Mr. Andrade relating to his brother working for a developer in Raynham. No action taken.