The Raynham Planning Board meeting of May 25, 2006, was called to order at 6:33 p.m., at Raynham Town Hall, with Board members Daniel Andrade, Burke Fountain, Chris Gallagher and Henry Ellis present. Also present were Town Planner Richard McCarthy, John Schmid of Judith Nitsch Engineering, Inc. (JNEI) and Administrative Assistant Maureen McKenney.
6:33 p.m. - Finch Farm Condos: Attorney Miriam Jaffe, Wellesley, MA, appeared before the Board on behalf of developer Michael Thiel to request release of the surety funds being held for the Finch Farm condos site plan (off Leonard Street).~ Letter dated May 22, 2006, was received from Dan Aguiar, P.E., Sitec, Inc.~ Board members noted at the last meeting the matter of releasing the bond for Finch Farms Condominium site plan was discussed and it was agreed no money would be released at that time. During discussion, it was noted JNEI prepared a Construction Cost Estimate with an estimate of $5,200 to complete outstanding work at the site and that between $25,000 and $30,000 is being held in a surety account passbook.
Mr. Fountain stated that he still wants the work done at the site before any money is released from the passbook. John Schmid informed the Board that most items on the punch list of work to be completed is on Lot 5.~ Mr. Fountain said he wants the matter to be done and Mr. Ellis noted he viewed the site and thought it did not look good.
After discussion, Mr. Andrade made a motion to release $10,000 from the surety account so the funds will be available to complete the work; motion seconded. Mr. Fountain made a motion to release $5,200 from the surety funds; no second on the motion. Mr. Gallagher made a motion to release all but $10,000 in surety funds; no second on the motion.
Attorney Jaffe stated that she understood that the Board previously authorized the release of partial funds and that money was to be used to finish the project.
A vote was taken on Mr. Andrade's motion to release $10,000; motion passed three in favor with Mr. Ellis abstaining. The Board informed Attorney Jaffe that Mr. Thiel should notify the Planning Board office when the work is done and Mr. McCarthy and Mr. Schmid will then conduct a site visit.
6:41 p.m. - Public hearing for Roger's Way subdivision (off North Main Street) was reconvened. Applicant Shawn Cairns was present. Project review letter, dated May 24, 2006, was received from JNEI.~ Copy of correspondence, dated May 18, 2006, from Raynham Fire Chief George Andrews to Raynham Conservation Commission was received.~ Copy of Memo, dated May 18, 2006, from Raynham Police Chief Lou Pacheco to Raynham Conservation Commission Agent was received.~ Correspondence dated May 16, 2006 was received from Highway Superintendent Roger Stolte stating that his issues with the plan have been addressed.
Mr. Fountain asked Mr. Cairns if the Conservation Commission and others were agreeable to the plan, and Mr. Cairns stated yes. Mr. Schmid and Mr. McCarthy both agreed that all was okay with the plan. Conservation Commission agent Erika Ueberbacher was present and she noted the Conservation Commission is okay with the plan also.
Mr. Andrade read into the record a letter dated May 25, 2006, from Attorney Steven Torres, Taunton, MA, as representative of abutter Karl Wells, regarding language for a proposed easement condition.~ During discussion of the easement, it was noted Mr. Cairns owns the land where the emergency access road is located.
Abutter Karl Wells was present and he spoke to the Board regarding his property and easements. Mr. Gallagher spoke about the ownership of Roger's Way and the easements.
Ms. Ueberbacher was present and she informed the Board that Conservation Commission wording regarding the easement is similar to that requested by Attorney Torres. Mr. Cairns noted his attorney, David Gay, is agreeable with the wording also.
Motion was made to approve the waivers listed on the plan; motion seconded; motion passed by unanimous vote.
Motion was made to require as a condition of approval, if the plan is approved, wording regarding the easement as stated in the May 25, 2006 letter from Attorney Torres; motion seconded; motion passed by unanimous vote.
Motion was made to approve the subdivision plan entitled " dated June 6, 2006, revised May 9, 2006", with the language of Attorney Torres’ letter on the plan; motion seconded. Mr. Fountain asked if anyone present had anything to add. There was no response. The motion to approve the plan passed by unanimous vote. Certificate of Action will be issued.
6:52 p.m. - Public hearing for Ryan Drive subdivision (off Broadway) was reconvened. Joe Harnois, P.E., Coneco Engineers, was present with the proposed plan.
John Schmid informed the Board he did not submit a project review comment letter because he only received the revised plan tonight.~ Letter dated May 25, 2006 was received from JNEI regarding a possible range for a construction cost estimate.
Mr. Harnois and the Board discussed the site entrance, which was the outstanding issue from the last hearing. The sidewalk proposed for Broadway was also discussed.
After review of the plan, Mr. Schmid informed the Board the plan appeared okay. He suggested the Board could approve the plan on the condition that JNEI issue a comment letter before endorsement. During discussion, it was noted the subdivision plan was drawn to realign the existing roadway and to include sidewalks. It was also noted the Ryan Drive site plan was submitted to address the issue of fencing at the site.
During discussion, Mr. Gallagher suggested subdivision plan approval be conditioned on no building permit being issued on Lots 13 and 16 until the site entrance is completed.
Mr. Ellis stated he was not comfortable approving the plan without a draft Certificate of Approval being prepared and without the JNEI review correspondence. Mr. Andrade noted he agreed with Mr. Ellis. After discussion, it was agreed a vote on the plan would not be taken tonight.
Mr. McCarthy informed the Board that the issue of a bond and legal ownership of the property must be addressed. Mr. Harnois noted the locus is Land Court property and Mr. Gallagher noted that ownership was not within the Board's purview.
Mr. Harnois noted there were fewer waiver requests as a result of discussion at the last hearing.
After discussion, it was agreed that Mr. McCarthy, Mr. Schmid and Mr. Harnois will consult regarding outstanding issues. The public hearing for Ryan Drive subdivision was continued to June 22, 2006, 6:40 p.m.
Proposed minor modification for Ryan Drive site plan was discussed. John Schmid noted that trucks use Lot 12 on Ryan Drive to access Lot 13 and the purpose of the proposed site plan modification is to remove the fence that is shown on the plan between 95 Ryan Drive and 65 Ryan Drive. Mr. Schmid noted the fence was never constructed and he is agreeable with the modification request. Mr. Andrade read a letter dated May 4, 2006 from Joseph Harnois, P.E., Coneco Engineers, requesting the minor modification to the site plan.
Motion was made to approve the minor modification to not construct the fence; motion seconded; motion passed by unanimous vote.
7:17 p.m. - Public hearing for George Estates subdivision was opened. Mr. Gallagher read the public hearing notice. Mr. Andrade read a letter dated May 22, 2006, from Dan Aguiar, P.E., Sitec Engineering, requesting a continuance of the hearing. After discussion, the public hearing was continued to June 8, 2006, 6:40 p.m.
7:20 p.m. - Public hearing for Rte. 44 Gas (1375 New State Highway) site plan was reconvened. Request for continuance of the public heariang was received from applicant Bo Delaney.
Board members discussed their summer schedule. After discussion, it was agreed the Board will meet on July 27, 2006, and August 10, 2006, and the meetings of July 13, and August 24, 2006 will be cancelled.
The public hearing for Rte. 44 Gas site plan was continued to August 10, 2006, 7 p.m.
7:25 p.m. - Public hearing for Norway Woods preliminary subdivision plan (located off Raymond Ave.) was opened. Mr. Gallagher read the hearing notice.~ Property owner Ronald Medeiros was present along with applicant Philip Martin, Rehoboth, MA.
Project review correspondence, dated May 19, 2006, was received from JNEI.~ A copy of the correspondence was given to Mr. Martin.~ Letter dated May 8, 2006 was received from Highway Superintendent Roger Stolte.~ During discussion of the proposed plan, it was noted Oakland Street and Carlton Street are only "paper" streets and Pine Street is not shown on the Assessors' maps. It was noted an Open Space plan is being proposed so the preliminary plan is being submitted to determine the number of lots possible.~
Discussion followed regarding whether or not the plan should be before the Board for consideration if the roads on the plan are not public and do not actually exist. Board members discussed the physical condition of Oakland Street. It was noted the street is a dirt roadway and two cars are not able to pass through it at the same time. Mr. McCarthy noted that Carlton Street and Pine Street do not exist, and Oakland Street is a driveway and not a road. Mr. Fountain stated the roads must be improved for safe access and egress. Mr. Gallagher noted that a subdivision must have access off a public road and since there are no public roads in the locus area, there can be no subdivision.~ Mr. Andrade stated he believed there could be a legal issue regarding the status of the roads but at this time there is legal access for one
house only. Mr. Ellis stated the issue is to show the proposed plan can be built with the roads as they are now.
Mr. Medeiros noted the legal description of the property states it is bound by Carlton, Pine and Oakland Streets. After discussion, Board members requested a sketch be provided to show the area from South Street East to the locus site and a letter from JNEI regarding the condition of the streets and access to the property.
Rob Beatrice and Kerry Beatrice, 62 Raymond Ave, were present as interested abutters to the site.
Kevin Muir, 7 Sandy Hill Road, informed the Board he was speaking for his family and he is not in favor of opening Sandy Hill Street because it is all a private drive.
After discussion, the public hearing was continued to June 8, 2006, 7:15 p.m. An extension of time-to-act was granted. It was agreed that the applicant will review the legal issues and JNEI will walk the roadways and report on the conditions and access.~ Mr. Medeiros agreed to notify Mr. Schmid by next Friday if he should proceed with his site visit and he agreed to provide the requested sketches.
7:58 p.m. - General Business: Motion was made to waive the reading and approve the minutes of April 13, 2006, and May 11, 2006; motion seconded; motion passed by unanimous vote.
8:00 p.m. - Town Planner update: Mr. McCarthy discussed the interrogatories for the pending Wal-Mart, Rte. 138, litigation. He noted he reviewed the information with Attorney Antine.
John Schmid noted he will review the RNR site plan for endorsement at the next meeting.
8:02 p.m. - The Board went into Executive Session to discussion the pending Wal-Mart, Rte. 138, litigation.
8:08 p.m. - Executive Session concluded.
General Business: Letter dated May 11, 2006, was received from Attorney David Frenette regarding Carriage Hill. The matter was tabled to the next meeting.
Mr. Fountain questioned whether or not the Board had sent a letter to the Selectmen regarding the issue of the Town improving Tearall Road, as previously discussed. It was then agreed that Mr. McCarthy will bring an Assessors' map to the next meeting and the Board will discuss the issue further at that time.
There was no further business and the meeting adjourned at 8:15 p.m.
Respectfully submitted,
~
Chris Gallagher, Clerk
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