The Raynham Planning Board met on Thursday, February 23, 2006, at Raynham Town Hall.~ The meeting opened at 6:30 p.m. with Daniel Andrade and John Canto present. The meeting was adjourned until a quorum was reached.
The meeting reconvened at 6:36 p.m. with Mr. Andrade, Mr. Canto and Henry Ellis present.~
Gary Smith did not appear before the Board as scheduled to discuss noise issues at Preferred Freezer site.
Alice Gonsalves, 272 Mill Street, appeared before the Board and requested a waiver of the $17,000 administrative filing fee for the Homestead definitive subdivision plan (to be located off Mill Street) that she will be submitting.~ Mr. Andrade informed Ms. Gonsalves that past practice has been to not consider reduction of filing fees until after a plan has been officially submitted with the fees included.~ Mr. Canto noted that policy was in keeping with State statues.~ Mr. Andrade noted a refund of the fees can be requested after the plan is submitted and reviewed but the Board will not refund 100% of the fees.~ Mr. Andrade noted the preliminary plan for the Homestead was well done so the approval process should not be complicated.
6:45 p.m. - Form A Carriage Hill - Tony Esposito, P.E., Outback Engineering, Lakeville, MA, presented a Form A plan for Lots 3, 4 and 5 in Carriage Hill subdivision (off King Street), on behalf of owner/applicant Russell Grabau.~ After review of the application, it was noted Mr. Grabau did not sign the application form, the proper deeds were not submitted, a new wetland note needs to be added to the plan and the MLC's must be updated.~ It was also noted Mr. Grabau has an outstanding invoice to pay the Taunton Gazette.
Mr. Esposito requested the plan be withdrawn.~ Motion made to allow the plan be withdrawn without prejudice; motion seconded; motion passed by unanimous vote.~ The matter was tabled to March 9, 2006.
6:53 p.m. - 1900 Broadway/Ira Smith Truck Rental and Repair approved site plan was before the Board for endorsement.~ Henry Jaskola, 1960 Broadway, addressed the Board and explained he was concerned with water runoff from this site onto his property.~ He noted an old well exists on 1900 Broadway and he wants to have the well pipe cut and plugged to prevent water leaking onto his property.
Mr. Canto noted the plan has been approved and the appeal period has expired.~ Mr. Andrade stated that John Schmid of JNEI should be made aware of the well and Board members agreed the information would be passed along to Mr. Schmid.
After discussion, the Board agreed John Schmid must review the final 1900 Broadway/Ira Smith site plan before the Board can endorse it.~ The matter was tabled to March 9, 2006.
7:05 p.m. - Steve Hanson, owner of Karen's Way subdivision (off Robinson Street), appeared before the Board to establish a bond surety amount for the subdivision.~ Karen's Way Construction Cost Estimate, dated February 16, 2006, was received from JNEI.~ Mr. Hanson noted the estimate was only to Station 3 on the roadway.~ Mr. McCarthy explained that Mr. Hanson wants to build a house on Lot 1 only at this time so that lot will be the only one released at this time.
After discussion, motion was made to accept the bond amount of $112,404 for Lot 1 only on Karen's Way; motion seconded; motion passed by unanimous vote.~ It was agreed the plan can be signed on March 9, 2006.
7:12 p.m. - Public hearing for Roger's Way subdivision (off North Main Street) was reconvened.~ Request for continuance was received from owner/applicant Shawn Cairns.~ Time-to-act was extended to April 1, 2006.~ It~was noted there will be only three members at the March 23rd Planning Board meeting.~ After discussion, the public hearing was continued to March 23, 2006, 7 p.m.
7:14 p.m. - Public hearing for Basset Knoll preliminary subdivision plan (off Locust Street) was reconvened.~ Request for continuance was received from applicant Donald Shute.~ Time-to-act was extended to April 30, 2006.~ After discussion, the matter was continued to March 9, 2006, 7 p.m.
The Board noted Rich Riccio, P.E., Field Engineering, Taunton, MA, was present and they informed him of the well existing on the 1900 Broadway site. Mr. Riccio stated he would pass that information along to the appropriate person at his office.
7:16 p.m. - General Business:~ Letter dated February 21, 2006, was received from Highway Superintendent Roger Stolte regarding flooding, icing and drainage issues at Pine Street and Berry Hill ARC.~ Mr. McCarthy informed the Board he will be meeting Tuesday with developer Nick Mirrione, John Schmid and others to discuss outstanding issues at Berry Hill.~ Mr. Andrade suggested that hay bales be placed along the frontage of the development to prevent erosion at the site.
The Board received a zoning amendment petition forwarded by Town Administrator Randall Buckner.~ Petition was submitted by~registered voters requesting property at 1002 Broadway (Agape Church) be rezoned from its current split zoning of residential and business to solely business.~ After discussion, Board members agreed to hold a public hearing on the matter on March 30, 2006, 5:30 p.m.~ After further discussion, Board members agreed to invite past Board member Carl Carlson to dinner after the meeting to thank him for his years of service to the Town.~ Other past Planning Board members will also be invited.
Mr. McCarthy briefly discussed informational packets for zoning issues that he distributed to the Board for their reading.~ No action taken.
7:30 p.m. - Public hearing for 2 Richard Street site plan was opened.~ Mr. Canto read the hearing notice.~ Rich Riccio, P.E., Field Engineering, Taunton, MA, presented the site plan to the Board.~ Comment letter dated February 23, 2006 was received from Highway Superintendent Roger Stolte.
Mr. Riccio reviewed the plan for the Board, noting the following:~ the only changes to the existing structure will be interior; a maximum of four employees will be on site; parking spaces are being added to the site; the existing driveway will be removed because it is in the screening area.
Mr. McCarthy explained to the Board that the triangular piece of land at the corner of the lot along Broadway will be deeded to the Town of Raynham as part of the Richard Street layout.~ He noted this was to have been done many years ago but it was recently discovered that it never happened so the matter is being taken care of at this time.~ Discussion followed about whether or not a Form A should be submitted for the property with the exception of the triangular piece of land.
Mr. Stolte's letter was discussed.~ It was agreed Mr. McCarthy will talk to Mr. Stolte regarding the concerns detailed in his letter.~ During discussion of the plan, it was noted the two driveways on the property are not connected but the applicant would like to construct a walkway between the two.~ Mr. McCarthy noted the driveway abutting the adjacent residence would either need to be removed or a variance is needed to reduce the buffer/screening along the property line to 12 feet to accommodate the driveway.~ Board members agreed they would support a variance request.~
Arthur Benedelli, Superintendent of North Raynham Water District (NRWD) was present and informed the Board that the NRWD was considering asking the property owner to upgrade the existing water line if the change in use of the property necessitated it.~ He stated that after seeing the plan and listening to the presentation, he felt the change in use from residential to office did not warrant a new water line. He said he was agreeable to the plan and saw no justifidation to change the existing water line but he would have to discuss the matter with the NRWD Commissioners.
Board members discussed the parking.~ It was noted the parking area in the rear of the building may be gravel, which would aid with the drainage on the lot, and the rear parking area will be for employees.
Waiver requests were discussed.~ Request to waive the project review fee was tabled.~ Request to waive the administrative fee was discussed.~ After discussion, it was agreed the administrative fee would not be waived if the project review fee is waived.~ After discussion, the Board agreed to waive the Traffic Impact Statement, waive the Vital Statistic Summary, waive the 3 feet wide landscaping strip around the building foundation, allowing overhead electric utility and telephone lines, and waive the Development Impact Statement.~ After discussion, motion was made to approve the waivers requested in correspondence dated~February 2, 2006, from Richard R. Riccio, III, P.E., Field Engineering, with the exception of the waiver from Sec. 2.3, administrative fees; motion seconded; motion passed by unanimous vote.
After discussion, the public hearing was continued to March 9, 2006, 7:15 p.m.
8:15 p.m. - Form A for land on Warren Street West was presented by Ed Medeiros, Middleborough, MA.~ Application and filing fee were in order.~ After review of the plan, motion was made to accept the plan entitled "A Plan of Land in Raynham, MA for D & D Realty Trust," dated February 6, 2006, prepared by SFG Associates, Inc., Lakeville, MA, as a plan not requiring subdivision approval; motion seconded; motion passed by unanimous vote.~ The plan was endorsed.
8:22 p.m. - General Business: Correspondence dated February 21, 2006 was received from Attorney Edward A. Allcock on behalf of Finch Farm Condominium Association requesting that the Board not release any surety funds being held for Finch Farm Condominium site plan.~ Attorney Allcock's letter stated there were outstanding drainage and construction issues at the site.
The Board received a “Summons and Order of Notice” notifying them that Finch Farm Condominium Association is seeking judgment against the Planning Board that no surety funds being held for Finch Farm Condominium site plan be released to developer Michael Thiel.~
During discussion of the matter, it was noted the Board previously voted to release surety funds in excess of $6,000 to Mr. Thiel but those funds have not been disbursed to him yet. After discussion of the matter, the Board agreed to have John Schmid review the drainage concerns alleged by the condo association and then issue a written report to the Board on his findings.~ After further discussion, motion was made to hold all the surety funds until JNEI reports to the Board and then possibly reconsider the matter of releasing the surety funds; motion seconded; motion passed by unanimous vote.
There was no further business and the meeting adjourned at 8:30 p.m.
Respectfully submitted,
Chris Gallagher, Clerk~
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