The Raynham Planning Board held a regular meeting on October 26, 2006, at Raynham Town Hall. The meeting was called to order at 6:30 p.m. with Board members Burke Fountain, John Canto and Chris Gallagher present. Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and consultant John Schmid of Judith Nitsch Engineering, Inc. (JNEI).
6:31 p.m. - Karen's Way subdivision: Developer Steve Hanson appeared before the Board for lot releases at Karen's Way (located off Robinson Street). Construction Cost Estimate, dated October 24, 2006, was received from Judith Nitsch Engineering, Inc. Letter dated October 24, 2006 was received from Mr. Hanson, regarding the lot releases.
Mr. Hanson informed the Board the water line extension on Robinson Street has been completed. John Schmid explained that a bond was previously posted for the release of Lot 1 and Mr. Hansen wants the new bond estimate to not include work for the sidewalks, curbing, street trees, guardrails and loaming with the understanding that those items will be completed before new lots are released. He noted Mr. Hanson prefers this because it will be more affordable to post the bond without those items included.
Mr. Hansen noted the work on the items mentioned is not done now but will be soon. Mr. Schmid explained that Mr. Hansen would like the Board to agree to the bond estimate tonight and approve the Form J but hold it in escrow until the work is done and verified by JNEI. Mr. Hansen informed the Board he hopes to have the sidewalks finished before November 15th and he wants all the work done before year-end because he needs two foundations built for marketing purposes.
Mr. Gallagher suggested the Board authorize Building Commissioner Rod Palmer to grant two foundation permits, and Mr. Hansen stated he was agreeable to that. Mr. Hansen noted that $110,000 was previously submitted as surety and he will add $31,000 to that amount to total JNEI's new bond estimate. Mr. Fountain advised Mr. Hansen to submit the proposal in writing so the Board can vote on the matter.
Mr. Schmid informed the Board that the road binder is in place and the work to date is of quality but he will continue to monitor the work. He noted he is now reviewing the basin work. Mr. McCarthy noted it was preferable to not have curbing in place until later but it could be acceptable now because there are no houses to be constructed in the area where the curbing will be installed.
The matter was tabled to later in the hearing.
6:45 p.m. - General Business: Mr. Fountain motioned to waive the reading and approve the minutes of October 12, 2006; second by Mr. Canto; motion passed by unanimous vote. (3)
Request for bond release for Creative World, Forge River Park, was discussed. Mr. McCarthy informed the Board he spoke with Mr. Turner, who advised that the sinkhole in the parking lot at the site would be fixed. Mr. Schmid stated he did a site visit and found the hole was not fixed. After discussion, the matter was tabled with no action taken.
6:46 p.m. - Karen's Way Subdivision: Developer Steve Hansen appeared before the Board and submitted a written request, dated October 26, 2006, for release of Lots 2 and 9 at Karen's Way for construction, subject to completion of the work as previously described to the Board. Mr. Fountain made a motion to not approve the request for the lot releases; second by Mr. Gallagher; motion passed by unanimous vote (3). Mr. Fountain made a motion to allow the applicant, at his sole discretion and total risk, to place foundations on Lots 2 and 9 so he can begin construction before winter, with the understanding that no lots are being released from the covenant and cannot be sold until the sidewalks, curbing, trees, guardrail, loaming and seeding are done from Station 00 to Station 6-10. Mr.
Gallagher motioned to amend the motion by adding the condition that the work be done prior to lot release and with the posting of the surety bond pursuant to JNEI's surety amount; motion to amend seconded by Mr. Fountain; motion to amend passed by unanimous vote (3). Motion made by Mr. Gallagher to approve the motion as amended; second by Mr. Fountain; amended motion passed by unanimous vote (3). The Board noted it was up to Mr. Palmer to allow the foundation permits to be issued.
Mr. McCarthy informed the Board that Mr. Hansen has a $6,000 credit due to him for drainage pipe that was installed at Karen’s Way pursuant to an agreement made with the Highway Department. Mr. McCarthy advised that he will speak with Mr. Stolte about processing the credit refund. Mr. Fountain advised Mr. Hansen to return to the Board when the matter is worked out.
6:50 p.m. - General Business: Letter dated October 6, 2006 was received from Silvia & Quinn requesting release of surety funds for the completed site plan at 180 Paramount Drive. John Schmid apologized and informed the Board he had not done the site visit but he will have a status report available for the next Board meeting. Mr. Fountain reminded Mr. Schmid to advise the Board on the issue of compact car parking space width.
6:51 p.m. - Brook Street subdivision: Bill Humphrey of Creative Homes, Easton, MA, appeared before the Board with an update on the status of Brook Street (off Locust Street). It was noted that some residents on the street had been unhappy with the progress of the road completion and had attended a previous Planning Board meeting to discuss the road and, subsequently, the Board requested the developer appear at a Board meeting to discuss the matter. It was noted that no residents of the street were present tonight. Mr. Humphrey explained that winter weather had created problems and delays in completing the road and also that work done by a property owner had ruined the cul-de-sac so it had to be replaced. Mr. Humphrey told the Board that he never promised the road would
be done in the summer. He noted the work was started in early September and is now completed. He explained he is working with Roger Stolte and property owners on the matter of an access road between Lots 5 and 6.
After discussion, Mr. Humphrey requested a reduction in the surety bond for Brook Street. The Board advised him to submit a written request so JNEI can do a site inspection. The matter was tabled.
7:00 p.m. - Evergreen Estates subdivision: Correspondence dated October 19, 2006 was received from developer Steven Joyce requesting a bond estimate for Evergreen Estates (off White Street). Mr. Schmid advised he has not prepared the bond estimate yet. He noted the road binder was put in place three to four weeks ago. He also noted that a telephone pole in the roadway needs to be removed and he so informed Mr. Joyce.
Correspondence dated October 23, 2006 was received from Mr. Joyce requesting a reduction in the $5,000 deposit for the project review account that the Board requested for Evergreen Estates. After discussion, the Board denied the request for reduction in the amount due for the project review account and they agreed the review funds must be submitted before a Construction Cost Estimate can be prepared by JNEI.
7:01 p.m. - Brook Street subdivision: Bill Humphrey, Creative Homes, appeared before the Board and submitted a request, dated October 26, 2006, for a bond reduction at Brook Street. Mr. Schmid advised that he will do a site inspection and prepare a cost estimate.
7:02 p.m. - Form A Plan for Raynham Center Water District: Applicant did not appear with the plan as scheduled. The matter was tabled.
7:03 p.m. - Fairlane Estates subdivision: Correspondence dated October 26, 2006 was received from JNEI in response to a request from MPM Builders for a bond reduction for Fair Lane Estates (off Pine Street). After discussion of the matter, Mr. Fountain motioned to hold $12,000 for completion of Fairlane Estates; second by Mr. Gallagher; motion passed unanimously three votes in favor.
Copy of e-mail correspondence, dated October 26, 2006, from Highway Superintendent Roger Stolte to John Schmid and Richard McCarthy regarding Fair Lane Estates was received. Letter dated October 26, 2006 was received from John Schmid stating that JNEI has no objection to the Board recommending acceptance of Fair Lane at the October 30th Town Meeting. During discussion, it was noted that at a previous meeting, the Board voted to recommend acceptance of Fair Lane Estates subject to concerns being met. John Schmid submitted a letter dated October 26, 2006 recommending acceptance of Fair Lane.
7:10 p.m. - Discussion re. Shaw's Plaza, Rte. 44: Craig Horsfall, P.E., Hayward-Boynton & Williams, Taunton, MA, appeared before the Board and informed them that Cedars Shopping Center, LLC has purchased the Shaw's Plaza and they are interested in expanding the site. He noted they plan to add 6,000 square feet of building area, with approximately 4,500 to be located at the end of the existing plaza with the remainder to be a Fed Ex/Kinko's store between CVS and Joanne Fabrics.
Mr. Horsfall explained that the required parking can be shown on the plan. Mr. Fountain advised that he did not want the additional parking to be located in the back of the plaza. Mr. Horsfall agreed that parking in the rear is not optimal and he asked if the Board would entertain a parking reduction. He noted that 1,186 parking spaces are required and 75% of those spaces are shown on the plan as standard size spaces and 25% as compact spaces. Mr. Fountain suggested locating the Kinko's at the rear of the plaza. Mr. McCarthy suggested reducing the number of parking spaces and using all standard size spaces. Mr. Canto suggested that land in the rear corner of the lot could be used for building space.
Mr. Horsfall explained that the land in the rear corner of the site is best used as green space because it is adjacent to the Dam Lot Brook. He noted that a parking reduction to 1,126 spaces is being considered. Mr. Canto advised that he thinks the lot is maxxed out at 99% and the parking is tight.
During discussion, Mr. Fountain noted he does not like the proposed location of Kinko's. He suggested the applicant consider the land in the area of the TMLP substation as a location; Mr. Canto suggested the front area where the ATM is located. Mr. Horsfall said he would consider the alternative spots. Mr. Gallagher suggested the parking spaces should be 9’ x 18’ size. Mr. Gallagher said he does not like the proposed location for Kinko's but he is agreeable with the addition at the end of the building. After discussion, Board members indicated they were agreeable to the addition at the end of the plaza but the proposed plans would not be considered a minor modification to the site plan.
7:25 p.m. - Form A Plan, North Main Street: Attorney Edmund Brennan, Taunton, MA, with a Form A plan for land on North Main Street and Kenny Road. Proper application and fees were submitted. It was noted an MLC was submitted a short time ago for a previous Form A plan for this land. Attorney Brennan explained that frontage is being added to Lot 2 on the plan so the driveways can be relocated to avoid losing two large trees on the property. After review of the plan, Mr. Fountain motioned to approve the plan entitled "Plan of Land In Raynham, MA," prepared by RIM Engineering, Mansfield, MA, for Kelly Lewis-Grossi, North Main St., Raynham, as an Approval Not Required Plan; second by Mr. Canto; motion passed unanimously with three votes in favor.
Mr. Gallagher signed the Form A plan.
7:29 p.m. - North Light Realty/Rte. 44 Site Plan: Attorney Edmund Brennan, Taunton, MA, presented the North Light/Rte. 44 (1555 New State Highway) plan for endorsement. He informed the Board that the Town Clerk did not sign the plan but she did sign the Certificate of Action to verify that no appeal of the site plan was taken. He requested the Board sign the plan before the Town Clerk, noting that the plan cannot be recorded at the registry without the Town Clerk's signature. It was noted the plan must be recorded because it includes a special permit. Mr. Fountain explained that the Town Clerk prefers to sign plans before the Board does.
Mr. Brennan informed the Board that the only change made to the site plan was the addition of the Certificate of Action. He noted a copy of the plan was sent to JNEI. John Schmid stated he has not seen it yet.
After discussion, Mr. Fountain made a motion that based on Attorney Brennan's representation and subject to JNEI review before endorsement and with JNEI to alert the Board only if changes were made to the plan, the Board is authorized to sign the site plan after the Town Clerk signs it; second by Mr. Gallagher; motion passed unanimously three votes in favor.
7:34 p.m. - General Business: Memorandum, dated October 24, 2006, was received from JNEI regarding As-Built Review for 95 Ryan Drive (Lot 3). Mr. McCarthy informed the Board that a 60-day temporary occupancy permit was issued to 95 Ryan Drive and the applicant will need to appear before the Board if an extension is requested. No action was taken on the matter.
The Homestead subdivision (located off Mill Street) Certificate of Action was submitted for approval. Mr. Canto stated that he understood there are Conservation Commission issues but he believed the applicant previously informed the Planning Board that the plan was okay with Conservation. Mr. Canto suggested a letter is needed from Board of Health and Conservation Commission indicating they are agreeable to the plan. Mr. Canto also questioned if there are historical issues at the site.
Mr. McCarthy advised that there are wildlife habitat issues at the site. He noted the Board voted at the previous meeting to approve the plan. After discussion it was agreed the waiver requests will be added to the Certificate of Action as an exhibit. There was no further discussion. Mr. Gallagher signed the Certificate of Action.
7:42 p.m. - Finch Farm I subdivision: Tom Armitage of QBI Homes appeared before the Board to discuss Town acceptance of roads in Finch Farm subdivision (located off Leonard Street). Review correspondence and Construction Cost Estimate, dated October 26, 2006, were received from JNEI.
Mr. Armitage informed the Board that he was notified late this day that the road will not be recommended for acceptance. John Schmid informed the Board that Mr. Armitage had been working very hard to complete the road and it is very close to done but he is very concerned with the work being pushed for acceptance. Mr. Schmid stated he felt it would be better served if the road sits through the winter to see if issues arise. He advised the Board it is okay to release all the road bond funds over the CCE estimate.
Copy of e-mail correspondence, dated October 26, 2006, from Highway Superintendent Roger Stolte to John Schmid and Richard McCarthy regarding Finch Farm was received. Mr. Stolte's e-mail indicated he was agreeing with the advice of JNEI to delay Town acceptance of Finch Farm subdivision.
Mr. Armitage explained the he believed Item 1 on the JNEI letter was a non-issue. He also explained that he put up street signs a few times already but they have been stolen so he planned on putting up another sign after Halloween with a Town representative present to verify the sign was put in place.
Mr. Armitage explained he would have waited to complete work if he had known the street would not be accepted at this time. He noted the trees and loam are not an issue now and John Schmid confirmed this. Mr. Armitage also noted that he has been fixing the driveway that is owned by Thiel. John Schmid noted Finch Farm owned all the lots originally so they have a responsibility. Mr. Armitage disagreed, stating the responsibility now belonged with the condo owners.
Mr. Schmid informed the Board that he received the as-built plans yesterday. Mr. Armitage noted that the date of the Town Meeting was moved up from what was originally believed and the extra time he had planned on would have helped the situation.
Mr. Schmid stated that he is concerned that the extra push for work will lead to problems. Mr. Armitage stated he felt that other subdivisions should also be required to sit over the winter and he does not want to expend the extra money to keep the subdivision over the winter and then re-do the work in the spring. He told the Board he is disappointed with the way the matter was handled because it was not properly represented.
Mr. Fountain noted that no one expected the work would come down to the last minute. Mr. McCarthy noted Rolling Brook subdivision is in a similar situation and they were reluctant to proceed because of the chase to get all the work done.
Mr. Armitage informed the Board he could have the subdivision homeowners call for a Special Town Meeting to have the road accepted. After discussion, Mr. Fountain made a motion that based on input from the Highway Superintendent and JNEI, the Board not recommend acceptance of Carol Drive, Ridge Road, Alvin Circle and Finch Road as public ways, at the Special Town Meeting on October 30, 2006; second by Mr. Gallagher; motion passed unanimously three votes in favor.
Letter dated October 26, 2006 was received from Thomas P. Armitage requesting release of surety funds for Finch Farm. Mr. Fountain made a motion that based on the October 26, 2006 review letter from JNEI, the Board release any money being held for Finch Farm I above the amount of $63,000; second by Mr. Gallagher; motion passed unanimously with three votes in favor.
8:00 p.m. - Town Planner update: Mr. McCarthy advised the Board that the Rte. 138 Study Committee is working on new zoning similar to the Designated Development District on Broadway. He noted the Committee was considering adding slot machines as a use in a Designated Development District, and the Committee would like the Board's input on the matter. Mr. McCarthy explained the Commuter Rail Task Force is studying the dog track area and they will make a presentation for the Committee at a later date.
General Business: Memorandum, dated September 27, 2006, was received from JNEI re. Silko Kia As Built Review. No action was taken.
Memorandum, dated October 26, 2006, was received from JNEI re. Gatsby Gardens, Lot 5, As Built Review. No action was taken.
There was no further business and the meeting was closed at 8:10 p.m.
Respectfully submitted,
Raynham Planning Board
Chris Gallagher, Clerk
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