The Raynham Planning Board held its regular meeting on Thursday, September 14, 2006, at Raynham Town Hall. The meeting opened at 6:30 p.m. with Daniel Andrade, Burke Fountain, John Canto and Chris Gallagher present. Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).
6:30 p.m. General Business: Motion was made and seconded to waive the reading and accept the minutes of July 27, 2006 and August 10, 2006; motion passed by unanimous vote.
Letter dated August 11, 2006 was received from Attorney David Frenette, Brockton, MA, informing the Board the Carriage Hill Estates tri-partite agreement and Form J were recorded. No action was taken. Mr. McCarthy informed the Board that checks are being submitted as lots are sold at Carriage Hill, per the special permit agreement.
Invoices were signed.
Letter dated August 31, 2006 was received from George Turner, Turner Brothers, LLC, requesting release of the performance surety funds being held for Creative World, Forge River Park. The Board instructed John Schmid do a site inspection and report back to the Board. The matter was tabled to September 28th meeting.
Memorandum, dated September 12, 2006, re. Silko Kia as-built plan review was received from JNEI. Mr. McCarthy informed the Board that a temporary occupancy permit was issued to Silko Kia with a specific expiration date. He explained that temporary occupancy permits will now be issued with expiration dates and if work is not completed by that date, the applicant must appear before the Board to discuss outstanding issues. Mr. Andrade requested that Mr. McCarthy inform Board members when he issues a temporary occupancy permit.
(Henry Ellis arrived.)
6:48 p.m. King Estates Subdivision: Fred Clark, Easton, MA, appeared before the Board on behalf of Hathaway Village Realty Trust and requested lot release for Lots 15, 16, 26, 31, 32, 33, 34, 35, 36, 45 and 46 at King Estates (off King Street). Project review correspondence, dated September 11, 2006, was received from JNEI. After discussion, it was agreed that Mr. McCarthy will verify that the lots released correspond to the approved plan. Motion was made to release the lots requested and hold the Form J until the lots are verified and also to confirm that ten lots are still being held under covenant; motion seconded; motion passed three votes in favor and Mr. Gallagher abstaining. The Form J was signed and held in escrow. Nick Mirrione of Hathaway Village Realty Trust was present and informed
the Board there are 12 lots still under covenant. Mr. McCarthy asked that Mr. Clark be sure that traffic on the subdivision roadway is controlled so the road pavement is not ruined. Mr. Clark agreed to the request.
6:55 p.m. Brief recess was called. Board members congratulated Mr. McCarthy on his recent marriage and presented him with a gift.
7:00 p.m. Berry Hill ARC: Nick Mirrione, Easton, MA, appeared before the Board to request a minor modification to the approved Berry Hill ARC plan. Mr. Gallagher recused himself from the matter. Mr. Mirrone explained the following plan modifications to the Board: 1. the stone wall at the entrance was found to be in the Town's right-of-way. Mr. Mirrione noted Highway Surveyor Roger Stolte said he was okay with the situation if the homeowner's association took responsibility for maintenance of the stone wall. Mr. McCarthy and Mr. Schmid verified this was correct and said a letter was forthcoming from Mr. Stolte regarding the matter. Board members agreed to the modification. 2. Mr. Mirrione noted the irrigation wells will be located in the common area. Board members
agreed to the modification. 3. Mr. Mirrione explained the clubhouse and pool will be relocated. John Schmid said he was okay with the modification. Board members agreed to the modification. 4. Mr. Mirrione explained that the drainage at the entrance has been revised to avoid puddling and it seems to be working well. Board members agreed to the modification. 5. Mr. Mirrione explained that grading at lots 1 through six has been revised to avoid potential water problems. Mr. Schmid noted this modification is not shown on the revised plan. Mr. Mirrione said it would be changed to satisfy JNEI's requirements. 6. Mr. Mirrione explained that some common driveways will be eliminated. During discussion, it was noted that the fire chief should be agreeable with the change. Mr. Schmid noted there will be eight more driveways on the site but this modification should have no significant impact to the
drainage or the plan. During discussion, it was noted that it was discussed at a past meeting that the driveways may change and that the fire chief had originally preferred there be no common driveways. After discussion, Board members agreed they approved of all the modifications. Mr. Mirrione stated a revised plan will be submitted to the Board.
7:12 p.m. North Light Realty Trust/Rte. 44 Site Plan: The public hearing was reconvened. Attorney Edmund Brennan, Taunton, MA, and Brad McKenzie, P.E., McKenzie Engineering Group, were present with the revised site plan. Attorney Brennan noted the engineering issues have been resolved and JNEI had reviewed the applicant's traffic report. John Schmid informed the Board that site issues such as queing, curbing and the foundation wall had been discussed with the applicant.
7:14 p.m. North Light Site Plan public hearing was recessed.
7:15 p.m. Awais Farms Subdivision: The public hearing was opened. Mr. Gallagher read the hearing notice. Mr. Andrade noted a request for continuance was received and the Board would not be taking testimony. The public hearing was continued to October 12, 2006, 7 p.m.
7:20 p.m. North Light Realty Trust/Rte. 44 Site Plan: The public hearing was reconvened. Attorney Brennan informed the Board that he believed the engineers had reached a consensus on issues. JNEI traffic review correspondence, dated September 8, 2006, was received. Mr. Schmid noted JNEI agrees with the traffic findings in the traffic report. Project review correspondence, dated August 23, 2006, was received from JNEI.
Michael Abend, Abend Associates, Burlington, MA, appeared before the Board and discussed the traffic report. He explained that four other Dunkin' Donuts and Honey Dew Donuts sites were studied for comparison purposes with traffic counts conducted at the sites from 7 a.m. to 9 a.m. on Wednesday, August 2nd, and the new data was incorporated into the traffic study.
The Board discussed the loading and unloading space for the site. It was noted the matter was discussed at the last meeting and determined to be adequate. Mr. Canto suggested adding signage on the site regarding delivery hours.
Attorney Brennan explained that it was determined the proposed retaining wall is not a structure as previously believed. Building Commissioner Rod Palmer was present and he noted that he did not remember talking to Mr. Pizzone about the retaining wall as previously stated. Mr. Palmer explained the retaining wall is not a structure but a building permit will be necessary if the wall is over four feet high and also that the wall may encroach on the setback area.
Jim Colleti, an abutter to the site, asked Mr. Palmer to confirm that the retaining wall is not a structure, and Mr. Palmer stated the retaining wall is not a structure. Mr. Colletti noted the revised plan is an improvement over the original plan but he has concerns with the effect of the project on his septic system, with water runoff problems and with the appearance of the retaining wall. He noted he did not like the chain link fence proposed for the top of the retaining wall and that he prefers arborvitaes instead. Mr. Colletti also expressed concern with tractor-trailer trucks parking on the road. Mr. Gallagher noted Rte. 44 is a public way and no parking is allowed. Mr. Abend agreed that no parking is allowed on a State road.
John Schmid informed the Board that the drainage is okay. It was noted the Board of Health approved the septic plan.
There was discussion about planting arborvitaes along the wall. It was noted the wall would have a fence but arborvitaes will be added to soften the look. Mr. Artiano said he would plant arborvitaes five feet on center. During discussion, it was noted that Mr. Colletti must agree to allow the applicant onto his property to plant trees. The Board suggested that Mr. Artiano and Mr. Colletti to come to an agreement on the matter.
Mr. Schmid noted the site lighting is in compliance with regulations. A waiver request letter, dated September 14, 2006, was received. After discussion, it was agreed the waiver requests will be clarified and resubmitted.
Mr. Schmid informed the Board that all issues are addressed. Location of the fire hydrant was discussed. It was noted the building will not have sprinklers.
The North Light site plan public hearing was closed. Motion was made to approve the special permit for the drive-through window as shown on the plan entitled "Proposed Commercial Development, Cape Highway, Route 44 (Tax Map 16, Lots 61B & 61C), Raynham, Massachusetts," dated June 2, 2006, revised August 15, 2006, prepared by McKenzie Engineering Group. The matter was continued to September 28, 2006, 6:35 p.m.
8:08 p.m. - Form A Plan, Kenny Road: Mr. Andrade recused himself from the matter because he is an abutter to the site. Attorney Edmund Brennan, Taunton, MA, presented the Form A plan to the Board on behalf of applicant Kelly Lewis-Grossi. The fee, application form and MLC were submitted. Attorney Brennan reviewed the plan and explained that a previous access issue on Kenny Road has been resolved.
Dan Andrade, 68 North Main Street, informed the Board that Kenny Road is privately maintained and is in good condition. He noted an agreement has been made for access to the lot and he has no objection to Kenny Road being used.
Motion was made to approve the plan entited "Plan of Land in Raynham, MA," prepared for owner and applicant Kelly Lewis-Grossi, Raynham, MA, dated August 24, 2006, prepared by RIM Engineering, Mansfield, MA; motion seconded; motion passed four in favor and Mr. Andrade abstained.
8:28 p.m. Route 44 Gas/Delaney Site Plan: The public hearing was reconvened. Request for continuance was received from applicant Bo Delaney. After discussion, the hearing was continued to September 28, 2006, 6:40 p.m.
8:30 p.m. 407 South Street East/Bollin Site Plan: The public hearing was reconvened. Applicants Kenneth Bollin, Michael Gallagher and Sean Flaherty were present along with Daniel Aguiar, P.E., Sitec Engineering. Mr. Aguiar presented the revised plan to the Board. Mr. McCarthy informed the Board that abutter Keith Wrigely contacted him and relayed his concerns with protecting his privacy. Project Memorandum, dated September 14, 2006, was received from JNEI.
Mr. Aguiar reviewed the plan, noting that the drainage was revised. He informed the Board that Mr. Wrigley would like a three-foot berm with 6-foot fence along the property line for privacy. He noted the original plan had pine trees 10 feet on center at the property line. Building Commissioner Rod Palmer advised that a fence over 6 feet tall needs a building permit.
Site lighting was discussed. Mr. Aguiar noted a photometric plan is being prepared.
Mr. Bollin informed the Board that he will install either the fence or the trees. He noted a fence could be erected to beyond the neighbor's pool and then continue along with trees. Board members were agreeable to that idea. Mr. Aguiar noted the applicant has a right-of-way on the adjacent lot that he will be giving up if the screening is put in place. After discussion, it was agreed the fence would end where the truck lights would be shining onto the adjacent property.
Francine Donnelly, South Street East, noted the trees along the front of her property line are dilapidated and she asked if a compromise could be made with the applicant to replace them. After reviewing the plan, Mr. Andrade noted he preferred that plantings be done to protect the residential area of Mrs. Donnelly's lot. He suggested the applicant and the neighbor work out the issue. Mr. Gallagher suggested that no plantings be done along the Paramount property line because that area is wooded, and Board members agreed with that.
Mr. Canto noted there were two issues to address: outside storage and noise. Board members agreed they did not want outside storage other than mulch, compost or related landscaping materials on the site. During discussion, it was noted that outside storage bins can be used in this commercial zoned area. Mr. Palmer suggested an area be established for the location of the bins.
Screening was discussed. Mr. Palmer explained the intent of Section 5.6 regarding screening. He noted that in effect the 25 feet screening becomes a no-touch area. He explained that the 25 feet screening is necessary pursuant to the zoning by-laws unless a variance from the by-law is obtained. He noted that the applicant's plan as it shows now would require a variance because it does not meet the requirement.
During discussion, Mr. Aguiar was noted the building may have to be moved toward the Wrigley property to accommodate the screening at the Donnelly property line. During discussion, it was noted the 15 feet right-of-way cannot be used for the screening area. Board members suggested the applicant could apply for a variance from the screening requirements if necessary.
Mike Gallagher asked why the Board had discretion over some areas of the buffer and not other areas. Mr. Andrade noted there were different issues involved.
Mr. Donnelly asked where the Board stood regarding the 25 feet width at his side property line. Mr. Andrade noted the 25 feet is at the front part of the property.
After discussion, the hearing was continued to September 28, 2006, 7:30 p.m.
9:15 p.m. 1680 Broadway/Raymond Site Plan: The public hearing was opened. Mr. Gallagher read the hearing notice. Applicant Dave Raymond presented the site plan to the Board. He explained a Space metal building is planned for his business, the property is already paved, there is a single-family residence on the site and the building will have two floors. After discussion, Mr. Raymond agreed to an earth tone brown color for the building. It was noted the adjacent parcel of land is owned by the Town and has wetlands on it so it probably will not be built upon.
Mr. Ellis requested that the building height and the building doors be shown on the plan. Building height was discussed. Mr. McCarthy noted the building can be 40 feet high in this industrial district. Site lighting was discussed. It was agreed there will be no lights or wall paks on the northerly side of the building.
The need for waivers was discussed. Building Commissioner Rod Palmer was present and Mr. Fountain asked him if there would be a problem issuing a building permit if the plan was approved as presented without specific waiver requests, and Mr. Palmer answer no.
Mr. Raymond stated he has filed the plan with the Conservation Commission. He also noted the site is not yet hooked into the sewer system but it will be. Board members agreed there could be a condition of approval requiring municipal sewer at the site.
Mr. Fountain requested a proper locus map be put on the plan.
After discussion, it was agreed to continue the hearing to September 28, 2006, 7:35 p.m.
9:25 p.m. 1950 Broadway Site Plan: Mark Tisdelle, P.E., Hayward-Boynton & Williams, and Robert Kelly of EarthSource Wastewater Treatment Plan, appeared before the Board with a proposed modification to the approved 1950 Broadway site plan. Memorandum, dated September 14, 2006, was received from JNEI. Mr. Schmid informed the Board he has seen the plan and has no objections to it. Mr. McCarthy explained the modified plan is proposed to remediate an ongoing odor issue at the site so the situation can be resolved quickly. He noted the Building Department, Board of Health and he have been monitoring the odor situation. Mr. Andrade noted the Board was told at the initial site plan hearings there would be no odors at the site. Mr. Kelly stated there were unanticipated odors.
Mr. Tisdelle explained the proposed modifications to the Board: a 75 ft. x 40 ft. truck enclosure is proposed for the existing use; a vertical granite curb is proposed; a bituminous concrete sidewalk is proposed; pavement will be located closer to the detention area. Mr. Schmid stated he was okay with everything. Mr. Tisdelle continued, noting the detention basin will be riprapped to slow storm water; additional landscaping will be added; and, a revision will be made to the detention basin design
During discussion, it was noted the proposed truck enclosure will prevent odors from escaping the site. After discussion, Board members agreed the proposed changes were minor modifications. During discussion, it was agreed that an oil/water separator is needed in the enclosure. Motion was made to accept the modifications to 1950 Broadway Site Plan, S-02-7, pursuant to the Hayward-Boynton & Williams letter dated September 6, 2006, as a minor modification and as approved by JNEI in a Memorandum dated September 14, 2006, with the condition that an oil/water separator be installed within the truck enclosure and all review fees are paid prior to a building permit; motion seconded; motion made to amend with condition that an additional $1,500 be submitted for the project review account; motion to amend seconded; motion
to amend passed by unanimous vote. Motion made to approve the amended motion; motion seconded; motion as amended passed by unanimous vote.
9:40 p.m. Brook Street Subdivision: William Hurley, 72 Brook Street, appeared before the Board and informed that residents of Brook Street (located off Locust Street) have concerns with the fact that the roadwork at the subdivision is not completed. Correspondence from Paulette and William Hurley, 72 Brook Street, dated September 8, 2006, which included a petition signed by residents of Brook Street, was submitted to the Board.
Mr. Gallagher explained a completion schedule was submitted to the Board by the developer and the schedule indicates the work will be done by Columbus Day. Mr. Gallagher explained the process involved in getting the road completed.
Mr. Hurley said he understood the process but the developer had told the residents in the past the work would be completed by Fall 2005. Mr. Gallagher explained it is difficult for the Town to get the surety funds if they have to complete the road.
Mr. Schmid stated the project should have been done six months ago but the work is being done now and the developer had indicated it would take three weeks. He noted there has been progress made. He noted the quality of work on the road at the subdivision is good and it is one of the better roads. He explained he has been aware of the issues but the developer is working hard now towards completing them. He noted that he understood a party in the neighborhood had delayed work last week.
Paulette Hurley, 72 Brook Street, stated this was the same cycle that occurred last year and the residents want to avoid the work being stopped before the bad weather. She noted there was no communication from the developer, Creative Homes. She said she had the party and she would have changed the date if she had been advised that work was to be done.
Mr. Gallagher explained that the Board is holding surety funds and he suggested sending a strong letter of concern to the developer. Mr. Canto noted the situation is in direct violation of the Certificate of Action. He suggested the Board send a strong letter with a deadline for completion and then revisit the issue if the deadline is not met. Mr. Gallagher noted the work would not be done until spring if the Town took the money.
Mr. Andrade agreed that the time for completion had passed and it was starting to be a safety hazard. He suggested a deadline of October 31st. During discussion, it was all houses on the street were either constructed or construction had been started.
Mr. Wunder, 129 Brook Street, noted he has had some good experience with the builder and that work has been done this past week with the front area of the street being cleaned today.
Mr. Andrade explained that the Board depends on John Schmid as their eyes and ears and they have to trust his word. He agreed that if the Board takes the surety bond, it will be a long process.
Resident from 9 Brook Street told the Board the developer "tells stories," and that the deadlines pass. He noted his child has been hurt on the street and he does not want it to happen again.
Jim Rudser, representing the owner of 126 Brook Street, noted the developer was not present at the meeting. Mr. McCarthy explained that he was invited but he is out of town. Mr. Andrade noted the residents' frustrations were well heard. He suggested a deadline for completion of the work on November 1st. Mr. Schmid agreed to visit the site periodically for updates. Mr. McCarthy stated the developer has now committed to the Planning Board to finish the work.
Eddie Albert, 86 Brook Street, stated that all work mentioned as being done was only done within the last 10 days. He noted the situation is deceptive.
After discussion, the Board agreed to send a letter to the developer requesting the work be completed. They agreed to revisit the issue on October 26 and to invite the developer to attend the meeting.
9:55 p.m. General Business: Request received to release the surety bond for Lowe's, Rte. 44, site plan. Mr. McCarthy informed the Board that all work has been done. Motion was made to release the surety bond based on the Town Planner's verification; motion seconded; motion passed by unanimous vote.
Copy of letter to Town Planner Richard McCarthy from Art Sharland, Pine Street, regarding industrial land usage on Pine Street, was received. Matter taken under advisement.
Memorandum, dated August 25, 2006, was received from JNEI re. C.H. Babb, Phase II Expansion, as-built plan, review. No action was taken.
There was no further business and the meeting adjourned at approximately 10:05 p.m.
Respectfully submitted,
Daniel J. Andrade, Chairman
|