Town of Raynham, MA - Planning Board Minutes November 30, 2006

The Raynham Planning Board meeting of November 30, 2006, opened at 6:32 p.m. Board members present were Daniel Andrade, Burke Fountain, John Canto, Chris Gallagher, and Henry Ellis. Also present was Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.

6:33 p.m. - Steeplechase Subdivision: Tom Armitage, QBI Homes, Inc. appeared before the Board to request a surety bond reduction for Steeplechase (located off Leonard Street). Construction Cost Estimate, dated November 29, 2006, was received from Nitsch Engineering. Mr. Armitage noted Steeplechase will remain a private subdivision. Mr. Canto questioned whether or not the Board should hold some surety funds in the event the homeowners' association becomes defunct. After discussion, Board members agreed that because the subdivision will be private, no surety funds will be held after the project is completed. Mr. Fountain moved that pursuant to the Nitsch Engineering, November 29, 2006, correspondence, the Board release any monies over and above the amount of $194,485; second by Mr. Gallagher; motion passed by unanimous vote.

Invoices were signed. After discussion, Mr. Fountain moved that the Board request additional project review funds for Finch Farm or in the alternative, the applicant submit a letter authorizing transfer of funds from the Steeplechase/Finch Farm II project review account to the Finch Farm account to pay remaining invoices; second by Mr. Canto; motion passed by unanimous vote.

6:40 p.m. - Town of Raynham Easement Plan, Pine Street: Highway Superintendent Roger Stolte was present. After review of the plan, Mr. Fountain motioned to approve the plan entitled "Plan of Permanent Easement Takings To Be Acquired For Proposed Pine Street Stormwater Pond Town of Raynham, Massachusetts," prepared by Tighe & Bond, Westfield, MA, dated October 2, 2006 as an Approval Not Required Plan; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher signed the plan.

Town of Raynham Easement Plan, Leonard Street: Highway Superintendent Roger Stolte was present. After review of the plan, Mr. Fountain moved to approve the plan entitled "Approval Not Required Plan Map 16 Lot 26 - Leonard Street Raynham, Massachusetts," prepared by William MacKenzie, P.L.S., dated September 28, 2005, revised October 20, 2005; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher signed the plan. Mr. Fountain moved to waive the fees on the two plans submitted by the Town of Raynham; second by Mr. Gallagher; motion passed by unanimous vote.

6:46 p.m. - George Estates: the approved George Estates (located off Judson Street) subdivision plan was submitted for endorsement. It was noted that JNEI has not reviewed the final plan for endorsement, and after discussion, Board members agreed the plan must be approved by JNEI before they sign it. Mr. Ellis moved to sign the approved plan subject to the plans not leaving Mr. McCarthy’s custody until a letter is received from JNEI; second by Mr. Gallagher; motion passed by unanimous vote. The plan was signed and held in escrow.

6:50 p.m. - Town of Raynham Highway Department Garage Addition Site Plan (off King Philip Street): Mr. Andrade opened the public hearing. Mr. Gallagher read the hearing notice. Dana Huff, P.E., and Matt Tudryn, of Tighe & Bond, appeared before the Board with the site plan. Highway Superintendent Roger Stolte was present.

Mr. Huff explained the site plan calls for the existing highway department building to be extended to make space for trucks and maintenance equipment. He noted that Conservation Commission has approved the plan. Mr. Huff explained the proposed addition will be located on existing pavement and there will be no changes to the drainage. Mr. Tudryn reviewed the requested waivers that were outlined in letter dated October 27, 2006 from Tighe & Bond. He explained that no new landscape features will be added to the site.

Mr. Fountain moved to approve all the requested waivers as being everything shown on the site plan; second by Mr. Andrade; motion passed by unanimous vote. The proposed Certificate of Action with conditions was discussed. The condition requiring project review fees was deleted.

Mr. Fountain moved to approve the site plan entitled “Raynham Highway Department Maintenance Garage Addition Raynham, Massachusetts October 2006,” prepared by Tighe & Bond, with all the standards and conditions as read in the proposed Certificate of Action; second by Mr. Gallagher; motion passed by unanimous vote. Certificate of Action will be issued.

7:03 p.m. - George Estates Subdivision (off Judson Street): Developer Joe Arruda appeared before the Board. Mr. Andrade explained that the plan was signed earlier but will be held in escrow until Nitsch Engineering reviews the plan. It was noted that $3,000 is owed for the project review account. Mr. Arruda stated he felt that sufficient fees had been submitted with the plan. After discussion, it was agreed Mr. Arruda will contact the Planning Board office to discuss the matter further.

7:05 p.m. - Cimino Waiver of Frontage Plan (off King Philip Street): Mr. Andrade opened the public hearing. Mr. Gallagher read the hearing notice. Attorney David Gay, Taunton, MA, and a representative of Borden Associates, Raynham, MA, presented the plan. Letter dated November 16, 2006 was received from Keith Mosman, King Philip Street, in support of the proposed plan.

Attorney Gay explained the plan. He noted the property is 1.5 acres not 2 acres as indicated in the Assessors’ records and that the Ciminos have been paying taxes on two acres. Attorney Gay submitted a copy of the Cimino's tax bill to document the fact. He noted the error in acreage was discovered when the Ciminos had their property surveyed. He noted the Ciminos were recently granted a variance from the frontage requirements in order to split their property into two lots.

The plan was reviewed. Mr. Gallagher noted the only issue of concern to the Planning Board is whether or not there is sufficient access. Mr. Fountain requested that a better locus map be provided on the plan. Mr. Canto requested that terminology be added to the plan indicating it is a waiver of frontage plan. Mr. Ellis stated he would go along with the proposed plan because the Ciminos had been paying taxes on two acres.

Mr. Ellis moved to approve the plan subject to the conditions of a better locus map and waiver of frontage language being added to the plan; second by Mr. Fountain. Mr. Andrade read the proposed Certificate of Action. Motion to approve then passed by unanimous vote.

7:15 p.m. - Greyhound Industrial Park Preliminary Subdivision Plan (Rte. 138/Raynham-Taunton Race Track): The public hearing was reconvened. Mr. McCarthy informed the Board that the applicant’s attorney, Michael Morizio, informed him they have not yet heard from Mass. Highway Department regarding curbing issues at the site so they would not be appearing tonight for the hearing.

During discussion, it was noted the time-to-act is December 15, 2006 but the plan is only a preliminary plan. After discussion, the Board requested Mr. McCarthy contact the applicant and ask if they will withdraw the plan without prejudice.

7:15 p.m. – Form A Hill Street: Stanley Tokarz, Raynham, presented a Form A Plan, explaining that he is receiving land from his neighbor, Mr. MacIntire. After review of the plan, Mr. Ellis moved to approve the “Plan of Land Located In Raynham, Massachusetts Owned By Francis & Corinne A. MacIntire,” dated November 7, 2006, drawn by Danena Engineering Associates, subject to a new locus map and a wetland note being added to the plan; second by Mr. Fountain. Mr. Andrade and Mr. Gallagher questioned the need and expense of a new locus map. Mr. Canto noted he was okay with the plan as is. Mr. Gallagher moved to approve the plan entitled “Plan of Land Located In Raynham, Massachusetts Owned By Francis & Corinne A. MacIntire,” dated November 7, 2006, drawn by Danena Engineering Associates,” as an ANR plan; second by Mr. Ellis; motion passed by three in favor (Andrade, Canto and Gallagher), two opposed (Fountain and Ellis). Mr. Gallagher signed the plan.

7:28 p.m. - Repetitive petition request for land on Walter Drive: Mr. Andrade opened the public hearing. Mr. Gallagher read the public hearing notice. Mr. Fountain informed the Board that he represented the previous owner of this property but he has not represented the current owner, Mathew St. Germaine. Mr. Gallagher stated he prepared the previous plan for this site but he is not involved with the plan now. Mr. Andrade asked if anyone present had objection to Mr. Fountain and Mr. Gallagher considering the matter. No one responded.

Property owner, Mathew St. Germaine, Berkley, MA, appeared before the Board. He explained the lots in question do not meet the depth requirement so a variance is needed. He noted there is water and sewer now available to the area.

Mr. Fountain explained that when the two lots in question are combined, they do not have sufficient depth but do have enough frontage. He noted that a variance from depth requirements was previously sought but it was denied in large part because there was no municipal sewer available to the area and there were drainage problems due to the high water table on Walter Drive.

Board members questioned why the lots were not built upon when the subdivision was originally constructed. Patricia Page, Forest Street, informed the Board that the lots were not built out because they did not perc.

Mr. Gallagher noted the lots cannot be built upon without sewer. Mr. Canto noted the ZBA denial was based more upon drainage issues. Mr. Ellis noted the applicant could wait six months for the two-year statutory period to expire before returning to the ZBA.

Board members discussed what constituted a substantial change in the matter. During discussion Ms. Page stated she is okay with a house being built on the property but she is concerned with water displacement onto her property, which already has a lot of water. After discussion, Board members agreed there was substantial change in the situation due to the availability of sewer. Mr. Andrade moved to allow Mr. St. Germaine to return to the Zoning Board of Appeals with the variance request; second by Mr. Fountain; motion passed by unanimous vote.

7:45 p.m. - Bella Estates Site Plan/Special Permit public hearing: Mr. Andrade reconvened the public hearing for Bella Estates (located off Hill Street). Attorney Robert Shelmerdine, Sharon, MA, appeared before the Board on behalf of the applicant. Mr. Fountain recused himself from the matter. Copy of correspondence, dated October 12, 2006, was received from Steve Nardelli, CET, regarding estimated fire flow requirement for the property.

Ann Avellino, 370 Hill Street, addressed the Board, noting their purpose is the safety and welfare of residents. She stated she is losing land at a “phenomenal” rate. Mr. Andrade noted the problem in the area will not be addressed if the plan is denied because the problem is upstream from this site. Ms. Avellino stated the problem is coming from Paramount Drive area and that the Board, at their July 28th meeting, indicated Paramount Development did not project the retention/detention calculations correctly. She noted the locus site is part of Paramount land and should not be allowed to be developed.

Mr. Gallagher informed Ms. Avellino that the problem occurred 20 years ago without Town engineering being involved and the Board is trying to correct the problem with a study to be funded by the applicant. Mr. Andrade noted the applicant is contributing $10,000 towards the problem because they are being asked to and if the Board denies the project, the problem will stall. Ms. Avellino advised that the study should be done before anything continues and before building is allowed. Mr. Gallagher explained that the study cannot be done without the funding and the funding will not be available if the project is not approved. Ms. Avellino stated the project should be denied because of current issues. After a disagreement with Mr. Gallagher on how to proceed with the project, Ms. Avellino left the meeting.

Mr. Andrade then noted that a condition in the proposed Certificate of Action requires $48,000 from the applicant towards the drainage study. Mr. McCarthy stated the $48,000 included money for the survey work that will need to be done and that grant money will also be sought out. Attorney Shelmerdine stated the applicant is willing to pay $48,000 regardless of how the funds are used. Mr. Andrade noted the $48,000 contribution was a far superior contribution than originally believed.

Mr. Ellis said he was not ready to vote because there was no correspondence from JNEI indicating the plan is ready for a vote. Mr. McCarthy stated he believed John Schmid felt all issues were addressed. After further discussion, Board members agreed to continue the hearing in order to make sure the plan is ready for vote.

8:15 p.m. - First Congregational Church (North Main Street): Rev. James Tilbe, contractor James Perry, Bridgewater, MA and Robert Newton appeared before the Board to discuss the First Congregational Church site plan. Mr. Gallagher noted he prepared the original plan for the church before he was a member of the Board. Mr. Ellis stated he was not sure that was a conflict.

Mr. Perry updated the Board on the status of the project, noting that he is in the process of obtaining a building permit for the new addition. Mr. Gallagher explained the original plan was given a cursory review by JNEI and the original Certificate of Action requires that $5,000 be submitted for the project review account. Mr. Gallagher noted this condition was discovered during the building permit process and the Building Commissioner requested the matter be cleared up after it was determined there are no funds in the project review account. During discussion, it was noted there are no funds in the project review account because the Board voted to release them after the site plan was approved. It was also noted that John Schmid will review the project upon its completion but there must be funds available for the review services.

During discussion, Mr. Perry noted the church wants to begin construction work before the winter. Mr. Newton noted they have been waiting 7½ years for the addition to be done. After discussion, Board members agreed to the applicant proceeding with the work but they would be doing so at their own risk.

After discussion, Mr. Gallagher made a motion for the Planning Board to reserve the right to have the consulting engineer do any future reviews of the project as-built plan. Mr. Perry stated the applicant will put additional funds into the review account if needed. Motion seconded by Mr. Andrade.

Mr. Canto moved to create a new Certificate of Action allowing the new red-line plan to become the plan of record, with the applicant assuming the risk for the plan, and with the Board reserving the right to have its consulting engineer review the as-built plan with the cost for engineering review to be at the Church’s expense, to be done prior to an occupancy permit being issued; second by Mr. Gallagher; motion passed by unanimous vote.

8:50 p.m. - General Business: Letter dated November 28, 2006 was received from Mark Perron, Trustee, Brookview Estates Realty Trust, requesting a road bond estimate be prepared for Aspen Hollow. Mr. McCarthy advised the Board that the matter has been forwarded to Nitsch Engineering.

Letter dated November 29, 2006 was received from Bo Delaney, Delaney Group, Inc., requesting release of remaining project review fees for Rte. 44 Gas drive through site plan. Mr. Ellis moved to release the fees after all bills are paid; second by Mr. Fountain; motion passed by unanimous vote.

Letter dated November 6, 2006 was received from Arthur Bendinelli, Supt., North Raynham Water District, re. Adoption of Zone II for 54 Broadway Well Field. Mr. McCarthy explained that an article will have to be prepared for Town Meeting to adopt the Zone II as proposed by NRWD. After discussion, Board members advised Mr. McCarthy to use his discretion in assisting with preparation of the matter. The Board agreed they support the DEP Zone II requirements but not arbitrary lines being drawn.

Memorandum dated November 28, 2006 was received from Nitsch Engineering, Inc. re. Mastria-Nissan As Built Review. There was discussion of the access easements for the site being improperly located. Mr. McCarthy informed the Board that an easement for the truck route was delivered to him today. Mr. Fountain moved to request the applicant to submit a bond and proof that the corrected easement is recorded; second by Mr. Ellis; motion passed by unanimous vote.

Memorandum dated November 7, 2006 was received from JNEI re. 180 Paramount Drive, Silvia & Quinn As-Built Review. There was discussion about the standard width of parking spaces and drive aisles. After discussion, Mr. Fountain moved to release the bond funds being held for Silvia & Quinn site plan; second by Mr. Gallagher; motion passed by unanimous vote.

Letter dated November 7, 2006 was received from JNEI re. Brook Street As-Built Review. It was noted that William Humphrey submitted a written request for bond release at the Board’s last meeting. During discussion, it was noted that the JNEI estimates for trees need to be consistent. After discussion, Mr. Andrade moved to hold $18,000 of the surety bond for Brook Street; second by Mr. Gallagher; motion passed by unanimous vote.

Letter dated November 22, 2006 was received from David T. Gay, Esquire, re. Amendment to Perpetual Access and Utility Easement at Roger’s Lane (off North Main Street). Mr. Fountain noted he would like language added to the document identifying the Town Meeting warrant article number and the date. Mr. McCarthy agreed to contact Attorney Gay to advise him of that.

Memorandum dated November 20, 2006 was received from Nitsch Engineering re. Harry’s Auto Body, 679 South Street, site plan. Mr. McCarthy noted Con Com is satisfied with the plan. He also noted the applicant knows of the outstanding issues and has not requested a reduction in the surety bond. No action was taken.

Copy of letter dated November 17, 2006 from Highway Superintendent Roger Stolte to Ron Turowetz of QBI Homes re. Sanding and Snow Plowing Rates was received. Mr. McCarthy advised that he will verify what funds are in the snowplow account.

Letter dated October 11, 2006 was received from Land Tech re. 675 Paramount Drive office building site plan. After discussion, Board members agreed they were amenable with the proposed planting substitutions.

Letter dated November 1, 2006 was received from Town Counsel Marc Antine re. a proposed warrant article relating to new legislation that enables a Board member who miss an adjudicatory hearing to vote on the matter after examining evidence presented at the hearing. After discussion, Mr. Andrade moved to send a letter to the Selectmen in support of such warrant article; second by Mr. Gallagher; motion passed by unanimous vote.

Town Planner update: Mr. McCarthy and the Board discussed the revised fee schedule. There was discussion of what constituted an abbreviate site plan. After discussion, the Board agreed that an applicant should appear before the Board for abbreviated site plan determination. They also agreed to the new fees if $ 0.25 per square foot is implemented all around.