The Raynham Planning Board meeting of August 10, 2006, opened at 6:30 p.m. with Chairman Daniel Andrade, Vice-Chairman Burke Fountain and Clerk Chris Gallagher present.~ Also present were Town Planner Richard McCarthy, John Schmid of Judith Nitsch Engineering, Inc. (JNEI) and Administrative Assistant Maureen McKenney.
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6:30 p.m. – Revised Form A plan for 1084 Broadway was received.~ (The applicant was not present.)~ It was noted that at the previous Board meeting, this Form A plan was discussed and approved with conditions.~ Mr. Fountain informed the Board that the wording as requested was removed from the plan.~ The Board agreed the plan met with the previously approved conditions.~ Mr. Gallagher signed the Form A plan.
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6:33 p.m. - Matter of Berry Hill ARC (off Pine Street) was tabled to later in the hearing.
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6:34 p.m. - General Business:~ Motion was made to waive the reading and accept the minutes of June 22, 2006; motion seconded; motion passed by unanimous vote.~ Motion was made to waive the reading and accept the minutes of June 8, 2006; motion seconded; motion passed by unanimous vote.
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Letter dated August 9, 2006 from the Raynham Rte. 138 zoning study committee was received.~ Mr. Andrade read the letter into the record.~ Mr. Gallagher informed the Board that he attended the committee's meeting this past Monday.~ He noted that representatives of Mass. Highway were at the meeting and the approved Wal-Mart on Rte. 138 was discussed.~ Mr. Andrade noted the Board treated the Wal-Mart project as it did any other project and as part of the site plan approval, there was a mitigation package that will allow surrounding roadwork to be done.~
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Mr. Fountain noted he also attended the meeting and he suggested the Board discuss the matter further with all Board members present.~ Mr. Gallagher advised that at the meeting SRPEDD had suggested that all documents should be included with the Board's decisions.~ Mr. Andrade noted all the documents are on file.~ After discussion, Board members agreed if there were any misrepresentations involved with the plan, the Board could return to the applicant to address issues.~ Mr. Fountain noted that the Board did a good job with the Wal-Mart approval but SRPEDD and the state representatives had a few good points.~ Mr. Andrade noted that all proper departments and the State were notified of the public hearings and there was newspaper coverage as well.~ Mr. Gallagher questioned if the plan is worth re-evaluating.~ Mr. Fountain suggested a general
discussion about Rte. 138 might be good.~ During discussion, Board members agreed that Mass. Highway has control over the state roadways regardless of the Board's decisions.~ Mr. McCarthy noted the Wal-Mart decision is still in litigation.~ Mr. Fountain recommended Board members attend the zoning study committee's meeting on September 18th.
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6:48 p.m. – Berry Hill ARC (Pine Street and Pleasant Street): Scott Faria, P.E., Gallagher Engineering, Foxborough, MA, appeared before the Board to discuss proposed modifications for Berry Hill ARC. He noted that earlier in the day he received the August 9, 2006 project review correspondence from JNEI and that he had no problem with the review comments.~ Mr. Faria asked to continue the matter.~ After discussion, the matter was continued to September 14, 2006, 7:30 p.m.
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6:50 p.m. - 407 South Street East Realty, LLC/Bollin site plan public hearing was opened. Mr. Gallagher read the public hearing notice.~ Applicant Kenneth Bollin was present along with Michael Gallagher and Sean Flaherty.~ Mr. Bollin explained that he, Mr. Flaherty and Mr. Gallagher planned to relocate their businesses to the 407 South Street East site.~ He noted the Board was previously agreeable to an abbreviated site plan being presented.~ After discussion, the matter was tabled to later in the meeting when more than three Board members would be present.
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6:56 p.m.- Carriage Hill subdivision (off King Street): Attorney David Frenette, Brockton, MA, appeared before the Board on behalf of developer Russell S. Grabau to discuss the surety bond for Carriage Hill.~ Attorney Frenette explained that Mr. Grabau will be submitting a tri-partite agreement for approval rather than a performance guarantee bond.~ He noted the final bond amount was established at $944,205.~ Attorney Frenette requested 25 lots in Carriage Hill be released.~ Mr. McCarthy informed the Board that an e-mail dated September 8, 2006 from Town Counsel Marc Antine indicated that he received and approved the Carriage Hill tri-partite agreement.~
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Mr. Schmid informed the Board that the road name signs are up.~ Attorney Frenette discussed the French drains in the subdivision, noting that John Schmid was agreeable to eliminating them.~ He stated that applicant Russell Grabau will repair the subdivision roads if they are damaged.~ Mr. Schmid informed the Board that Roger Stolte is agreeable to this plan also.~ Mr. Schmid advised the Board that lots 6,7 and 8 should not be released and Attorney Frenette agreed to the exclusion.~ The Form J was revised.~
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After discussion, motion was made to approve the total construction cost estimate set forth in the August 10, 2006 JNEI letter and approve the tri-partite agreement per the e-mail correspondence from Town Counsel Marc Antine and to accept the "Performance Secured By Lender's Agreement," dated August 10, 2006; motion seconded; motion passed by unanimous vote.~
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Motion was made that based on the acceptance of the Lender's Agreement, the Board release Lots 1 through 5 and Lots 9 through 25 and to specifically not release Lots 6, 7, and 8; motion seconded; motion passed by unanimous vote.
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7:10 p.m. - Route 44 Gas/Delaney site plan public hearing was reconvened.~ Request for continuance was received from applicant Bo Delaney.~ After discussion the hearing was continued to September 14, 2006, 7:35 p.m.
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7:12 p.m. - Form J for Braemoor Woods was received.~ It was noted that Board members voted at the previous meeting to approve the release of Lot 29A in Braemoor Woods upon receipt of the Form J.~ It was noted that a faxed copy of the Form J~was received.~ The Form J was endorsed.
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7:13 p.m. - Garcia Dental site plan (Paramount Drive) was discussed.~ Memorandum dated August 8, 2006 was received from JNEI informing the Board that the project is in compliance with the approved site plan.~ After discussion motion was made to release all funds being held for Garcia Dental upon receipt of a formal request for a refund; motion seconded; motion passed by unanimous vote.~
(Mr. Ellis arrived at 7:16 p.m.)
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7:17 p.m. - 407 South Street East Realty, LLC/Bollin site plan public hearing was reconvened.~ Mr. Bollin informed the Board that after his initial discussion with the Board, he now plans to construct two buildings rather than three.~ He explained the buildings are 7,290 sq. ft. each and one building will be constructed immediately with the second building to be constructed when needed.~ Mr. Bollin noted no drainage is planned but the water will be recharged back into the ground, the parking area will be paved or, if the Board prefers, it can be gravel, and there is a right-of-way at the back of the property that he will use for screening rather than for access.~
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Mr. McCarthy noted more information will need to be provided before a building permit can be issued and also that the plan must be stamped by a professional.~ Mr. Bollin then submitted a building plan to the Board.~ Mr. Schmid noted he was not asked to review the plan.
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Mr. Ellis questioned how the site could be 75% asphalt if no drainage is proposed.~ Mr. McCarthy noted additional parking spaces are needed.~ Mr. Andrade said he was concerned with the size of the project and he noted the project must meet regulations to be approved.~ Mr. Fountain said he was okay with the plan but it should be considered with full build-out potential.
After discussion, Board members agreed more detail is needed and that some review should be done by JNEI.~ Mr. Schmid said he would need more information, such as contours, soil tests, material used and waiver requests, on the plan.
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Keith Wrigley, 429 South Street East, addressed the Board.~ Mr. Wrigley noted he is a direct abutter to the locus site, which is zoned business.~ He informed the Board that he has water in his yard now, he has concerns with drainage, and he does not want the business to intrude on his privacy at his residential property.~ Mr. Wrigley noted he has concerns with lighting, noise, dust and prospective business hours.~ The easement at the rear of Mr. Bollin's property was discussed.~ Mr. Wrigley explained the original intent of the easement was for septic system maintenance.~ Mr. Bollin stated he does not plan to use the easement.
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Francine Donnelly, Stuff In the Ruff, 397 South Street East, stated she was concerned with lighting, paving, and dust at the site.
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After discussion, Board members advised Mr. Bollin they needed to see drainage calcs, a lighting plan, curbing details, signage, and screening plan.~ Mr. Bollin agreed to provide the information.~ He said he was agreeable to taking care of the water from his property but not from the J & J property and Board members agreed with that.~ After discussion, the Time-To-Act was extended and the public hearing was continued to September 14, 2006.~ Mr. Wrigley noted he will not be available for the meeting that night but he will contact John Schmid to discuss the plan.
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7:46 p.m. - George Estates subdivision public hearing (off Judson Street) was reconvened.~ Daniel Aguiar, P.E., Sitec Engineering, was present on behalf of owner Larry George, Raynham, MA, and applicant Joe Arruda, Raynham, MA.~ Mr. Fountain recused himself from the hearing.~ Project review letter dated August 9, 2006 was received from JNEI.
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Board members and Mr. Aguiar discussed waiver requests from Section 6, Environmental Impact Statement, and 9.10(a), sidewalks on both sides.~ Mr. Aguiar explained the proposed sidewalk will be five feet with a five-feet grass strip and will run on one side through to the end of the cul-de-sac.~ After discussion, motion was made to approve the waivers as requested; motion seconded; motion passed by unanimous vote.~
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Board members and Mr. Aguiar discussed the easement for the drainage parcel.~ Mr. Schmid informed the Board that the drainage design is acceptable.~~The Certificate of Action draft with conditions was then discussed.~ After discussion, motion was made to approve the plan prepared by Sitec, Inc. for definitive subdivision George Estates, last revised July 26, 2006, with the 28 items listed on the JNEI letter being addressed; motion seconded; motion passed by unanimous vote.~
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7:58 p.m. - Fairlane Estates subdivision (off Forest Street) bond release was discussed.~~ It was noted a request for reduction was received at the previous Planning Board meeting.~ Construction Cost Estimate dated August 8, 2006 was received from JNEI.~ Mr. Schmid stated he was agreeable to the amounts in the estimate.~ Mr. Schmid informed the Board that developer Chris Marcheselli did a great job on the subdivision.~ Motion was then made that based on the August 8, 2006 JNEI correspondence, to release all money~in excess of $40,315 from the Fairlane Estates surety account; motion seconded; motion passed by unanimous vote.
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8:00 p.m. - Greyhound Industrial Park preliminary subdivision plan (Rte. 138) public hearing was reconvened.~ Request for continuance was received from Attorney Michael Morizio on behalf of applicant George Carney, Jr., Trustee.~ After discussion, the public hearing was continued to September 28, 2006, 7:10 p.m.
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8:05 p.m.- Finch Farm I subdivision: Tom Armitage, Senior Project Manager of QBI Homes, Attleboro, MA, appeared before the Board requesting partial release of the Finch Farm I subdivision surety bond.~ Request letter dated August 3, 2006 from Mr. Armitage was received.~ Construction Cost Estimate (CCE) for Finch Farm I, dated August 7, 2006, was received from JNEI.~ During discussion, Mr. Ellis noted he viewed Finch Road and found it to be in terrible condition with sidewalks crumbling because there is no berm in place.~ Mr. Armitage explained he has addressed the issues with Roger Stolte and is now asking only for the release of curbing funds.~ After discussion, motion was made to release all funds in excess of $379,722 from Finch Farm I surety account, as recommended by JNEI; motion seconded.~ Mr. Schmid informed the Board
that on July 26, 2006 he conducted a site inspection with Roger Stolte, Richard McCarthy and Erika Ueberbacher and they all agreed on the remaining work to be done.~ Mr. Schmid noted Mr. Armitage has worked with Roger Stolte and himself to correct road paving issues.~ Vote was then taken on the motion as seconded to release funds; motion passed by unanimous vote.~
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8:10 P.M.- Coletti’s Market site plan: Paul Patenaude, P.E., Taunton, MA, appeared before the Board on behalf of Mike Chokshi, owner of Coletti's Market, North Main Street.~ Mr. Patenaude noted the Planning Board approved a site plan for Coletti's in February 2003 and the approved site plan called for the relocation of the house next to the store to obtain additional parking for the store.
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Mr. Andrade noted the reason for the original site plan was because the State had indicated that when improvements were made to Route 104 no access would be allowed into Coletti's Market from Rte. 104.~ Mr. Patenaude then explained that the special permit for extension of pre-existing, non-conforming use granted by the Board of Appeals has expired so Mr. Chokshi is now proposing an alternative plan.~ He noted Mr. Chokshi hopes not to have to move the house now due to the excessive cost.~ Mr. Patenaude reviewed the proposed plan, noting that the number of parking spaces previously approved will not change and the drainage also remains the same.~ He noted Mr. Stolte is agreeable to the modified plan if the driveway is located as shown on the previously approved site plan.~ Mr. Patenaude noted the Highway Department has this part of the Route
104 project on hold until the site plan matter is resolved.~ Mr. Chokshi was present and noted he is in favor of the modified plan.~
During discussion of the proposed plan, Board members agreed they were concerned with parking spaces being so close to the residential structure and they preferred a plan with the entrance driveway directly across from White Street.~ The Board suggested Mr. Patenaude contact Roger Stolte to discuss the driveway being located directly across from White Street.~ Mr. Schmid noted a design review meeting will be held on August 29th to discuss the plan.
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8:30 P.M. – Discussion with Help Raynham: Tony Ghelfi, Carla McRae, Dave McRae and Robin Burns were present on behalf of the citizen's group known as Help Raynham.~ Mrs. McRae explained that the group was originally formed out of concerns with a proposed trash transfer station on Broadway and the group is now working towards rezoning the industrial zoned land on Route 138 near the dog track area.~ She noted the group has been working with Town Planner Richard McCarthy and the Rte. 138 Study Committee to draft a proposed by-law for rezoning the area.~ She asked that the Planning Board endorse the proposed by-law and she noted the Rte. 138 Committee has not endorsed it yet.~ Ms. Burns noted the proposed by-law was developed from the current Office Development District by-law that was adopted for a portion of Broadway.
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Mr. McCarthy explained that the Help Raynham proposed by-law has not been formally submitted nor reviewed by Town Counsel or the Building Inspector.~~ He noted the Help Raynham group has made the northern portion of Broadway their starting point while the Rte. 138 Study Committee has not yet determined a starting point for rezoning.~ Mr. McCarthy noted the Help Raynham proposed by-law is better than the rezoning by-law submitted by the group at the past spring Town Meeting but there is still work to be done.
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During discussion, Board members questioned the large lot size being proposed, the exclusion of the adult entertainment district, which might not pass approval from the Attorney General and which might put the town at risk, and whether or not the proposed by-law was targeted against the owner of the dog track.~ Mrs. McRae explained the proposed by-law was not against the dog track owner but that the trash transfer station proposed at that site served as a "wake-up" call to people.~~~~
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Mr. Andrade stated he felt the land in question is best suited for industrial use.~ Mr. McRae noted the group is trying to deal with a problem area that is traveled by speeding cars and trucks.~ Mr. Fountain noted all of Route 138 is busy because the whole region has become busy and that the road should be improved and widened to control traffic issues.~~~~~
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Mr. Gallagher noted that as has happened in the past, a new by-law can trigger plans to protect existing uses.~~~ During discussion of the by-law, it was noted that retail use is eliminated.~ During discussion, Mr. Ghelfi explained the proposed rezoning is an attempt to avoid certain uses that Mr. Carney is bringing to the area.~ He told the Board that Mr. Rozenas, who owns property in the proposed rezoning area, is okay with the rezoning proposal.~ Mr. McCarthy informed the Board that the Route 138 Study Committee is working on the entire Route 138 corridor.
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After discussion, Mr. Andrade stated he was not in favor of the rezoning proposal and he would like the area to remain industrial, noting that businesses bring in tax dollars to the town.~ Mr. Ellis stated the goal should be no retail in the area.~ He noted that trucks cannot be kept out of the area but he did not disagree with the rezoning proposal.~ Mr. Fountain stated he was also concerned with the tax base and was concerned with rezoning proposals for small pieces of land.~ Mr. Gallagher stated he will remain open-minded.~ Board members agreed the by-law needed to be "cleaned up" before being submitted for public hearing.
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9:45 p.m. - General Business:~ Mr. Fountain distributed a memo re. Meeting With Sewer Commissioners and Meeting With Broadway Group and Mass. Highway.~ Board members discussed the memo.~ No action was taken.
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Letter dated August 9, 2006 was received from Joseph Pacheco, Chairman, Rte. 138 Zoning Study Committee, inviting the Planning Board to their September 18, 2006 meeting.
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Letter dated August 8, 2006 was received from Roger Stolte re. The Homestead subdivision development off Mill Street.~ No action was taken.
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Letter dated July 24, 2006 was received from Paul Westcott re. his property at 219 Oak Street.~ No action was taken.
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Letter dated July 27, 2006 was received from Town Counsel Marc Antine re. his review and approval of the Whippoorwill Estates tri-partite/lender's agreement.~ No action was taken.
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There was no further business and the meeting adjourned at approximately 10:00 p.m.
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Respectfully submitted,
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Chris Gallagher
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