The Raynham Planning Board held its regular meeting on Thursday, December 14, 2006, at Raynham Town Hall. The meeting opened at 6:35 p.m. with Board members Daniel Andrade, Burke Fountain, John Canto, Chris Gallagher and Henry Ellis present. Also present were Town Planner Richard McCarthy, John Schmid of Nitsch Engineering, and Administrative Assistant Maureen McKenney.
6:35 p.m. - Form A plan, North Main Street, was presented on behalf of Raynham Center Water District (RCWD) by Attorney Richard Bentley, Taunton, MA, and RCWD Superintendent Bill Ward. Mr. Fountain recused himself from the matter, noting that his family owned property on the plan. Attorney Bentley explained the plan to the Board, noting that RCWD is buying two parcels. Attorney Bentley requested the submittal fee be waived. Mr. Ellis moved to waive the $200 filing fee for RCWD; second by Mr. Gallagher; motion passed by unanimous vote (4). After discussion, Mr. Gallagher moved to approve the plan entitled "Division Plan Of Land In Raynham, Mass. Surveyed For: Raynham Center Water District," dated September 16, 2004, as an Approval Not Required Plan; second by Mr. Ellis; motion passed by
unanimous vote (4). Mr. Gallagher signed the plan.
(Mr. Fountain returned to the Board at 6:40 p.m.)
6:40 p.m. - Finch Farm I/Steeplechase subdivisions (off Leonard Street): It was noted the developer or representative was not present. Mr. McCarthy explained to the Board that in the bond estimate for Steeplechase subdivision there is a line item for road maintenance although Steeplechase is to be a private subdivision. He noted the applicant is requesting a transfer of $15,000 from the Steeplechase bond account to an account for Finch Farm I snowplowing. Mr. McCarthy noted that no funds for snowplowing were received for Finch Farm I so an account needs to be established. After discussion, Board members agreed the applicant, Ron Turowetz, must submit the request in writing so the Board can act on the matter. The matter was tabled to wait for applicant's arrival.
6:45 p.m. - Karen's Way subdivision (off Robinson Street): Developer Steve Hanson appeared before the Board and requested Form J lot release for the remaining eight lots at Karen's Way. Mr. Schmid informed the Board he had been monitoring work at the subdivision closely and the work is satisfactory, and he submitted a memo, dated December 14, 2006, in support of releasing the lots. Mr. Canto asked if all conditions of the Certificate of Action were met, and Mr. McCarthy informed the Board that the snowplow account bond has not been posted yet but all other issues are okay.
Mr. Hansen asked the Board to consider not requiring him to post the snowplow account funds. He noted he talked to Highway Superintendent Roger Stolte and they agreed that the Town will not have to plow Karen's Way but rather Mr. Hansen would be plowing. He also noted there no foundations on the lots being requested for release but he will seek building permits after the lots are released.
After discussion about the lot releases and the snowplowing, Mr. Fountain moved that upon receipt of a bank check for $31,275 for road bond surety and bank check for $4,500 for snowplow surety account, the Board release Lots 2,3,4,5,6,7,8, and 9 at Karen's Way subdivision; second by Mr. Ellis; motion passed by unanimous vote (5). The Form J was signed and held in escrow until the proper checks are received.
6:55 p.m. - Ryan Drive Site Plan Modification: Joe Harnois, Coneco Engineers, Bridgewater, MA, presented a modified site plan for Ryan Drive (located off Broadway). Mr. Harnois explained that he and the Board previously discussed a parking reduction and he was now presenting the modified plan to solidify the number of parking spaces. He explained that ten parking spaces will be eliminated to make room for an outdoor enclosed storage area, a portable storage unit, two enclosed dumpster area and one unenclosed dumpster area, and a modified landscape island at the southwesterly building corner to make turning easier for trucks.
Correspondence dated December 14, 2006, was received from Nitsch Engineering. Letters dated November 16, 2006 and December 14, 2006 were received from Joe Harnois, P.E., Coneco Engineers & Scientists. John Schmid was present and informed the Board that the plan complies with zoning. During discussion of the modified plan, Mr. Andrade stated he wanted to see a bollard located where a doorway is being taken out of the building in order to avoid the doorway being put back for a new tenant; Mr. Harnois agreed to this.
The type of fencing for the dumpster areas was discussed. After discussion, Board members agreed that a six-foot chain link fencing should be used. John Shanahan, a tenant in Units 4-5, addressed the Board to discuss parking spaces. He noted he has two employees with the possibility of one more.
After discussion, Mr. Fountain moved to approve the minor modification as requested in correspondence dated November 16, 2006 and December 14, 2006 by Joe Harnois, P.E., Coneco Engineers & Scientists, subject to the placement of two bollards at the southwesterly overhead door and a six-foot chain link fence around the dumpster enclosure; second by Mr. Ellis; motion passed by unanimous vote (5).
7:23 p.m. - Awais Farms subdivision: Public hearing for Awais Farms (located off Bridge Street) was reconvened. Request for continuance, dated December 13, 2006, was received from Tony Esposito, P.E., Outback Engineering. After discussion, the public hearing was continued to January 25, 2007, 7 p.m.
Nadine Bradshaw, 54 Bridge Street was present and asked if the applicant could continue to ask that the public hearing be continued. Mr. Andrade explained that eventually the applicant would have to proceed with the hearing or withdraw the plan but he does have a right to request a continuance. Mr. Ellis advised Mrs. Bradshaw to contact the Planning Board office for information on whether or not the hearing would be held or continued; Mrs. Bradshaw noted she understood before attending tonight's meeting that a continuance had been requested.
7:28 p.m. - Bella Estates Condominium Site Plan (located off Hill Street): Mr. Fountain recused himself from the matter and left the Board. Bella Estates public hearing was reconvened. Correspondence dated December 11, 2006 from Bay Colony Group, Inc., was received. Correspondence, dated December 13, 2006 from Nitsch Engineering was received. Mr. Schmid informed the Board that he reviewed the plan to date and that all technical issues at the site have been addressed. It was noted that no voted was taken at the last public hearing and waivers, special permit and site plan approval would be voted on tonight.
Board members and Mr. Buckley discussed comment No. 12 on Nitsch letter of December 13th. After discussion, Mr. Gallagher, Mr. Schmid and Mr. Buckley agreed that the proposed design of 141% of required storage volume as provided on the plan is the best design.
Waiver requests were discussed. After discussion, Mr. Ellis moved to approve the waivers as noted on the proposed Certificate of Action and the Nitsch Engineering correspondence of December 113, 2006, with the waiver from Section 5.5 deleted; second by Mr. Gallagher; motion passed by unanimous vote (4).
Mr. Andrade read the conditions on the proposed Certificate of Action. Betty Smith, Hill Street, requested the Board explain condition No. 1. Mr. Andrade explained the issue of site screening. Conditions No. 2, 3, 4 and 5 were discussed.
Ann Avellino, 370 Hill Street, addressed the Board and asked if funds from the developer could be used to replace her land that has washed away or used to reinstate the stream that is shown on Town map's. Mr. Andrade explained the funds are to be used for a study and improvements to the Hill Street area and that the $48,000 being donated by the applicant may not be enough to cover those costs. He noted the issue of the stream being shown on Town map's is an issue for the Assessors. Ms. Avellino stated that for the record she still objects to the plan and the property should not be developed until the drainage problems in the area are rectified.
Conditions No. 6, 7, 8, 9, 10, 11,1 12 and 13 were discussed. It was noted that issues relating to Nos. 14, 15, 16, and 17 have been worked out and those conditions will be deleted. After discussion, it was agreed that a condition prohibiting on-street parking of RV's within the condo complex will be added to the Certificate of Action and language regarding project phasing will also be added.
Ms. Avellino addressed the Board and noted that at the last public hearing she had been spoken to inappropriately by a Board member and it should be a condition of the Board that it not happen again. She stated she should not have been called "honey" by a Board member as she was.
Mr. Andrade said that as Chairman of the Board, he apologized to Ms. Avellino for what happened and he also apologized to the Board that he did not stop Ms. Avellino sooner but let the matter go on. Ms. Avellino said she was not out of control; Mr. Andrade noted she was speaking out of control. Ms. Avellino disagreed and said she was demeaned and it should never have been allowed to happen. Mrs. Smith, Hill Street, told the Board she agreed with Ms. Avellino that it was outrageous.
Mr. Andrade asked if there were further comments regarding the plan. There were none. Mr. Gallagher moved to close the Bella Estates public hearing for special permit and site plan; second by Mr. Ellis; motion passed by unanimous vote.
Mr. Andrade read into the record the special permit conditions on the proposed Certificate of Action. Mr. Gallagher moved to approve the site plan entitled "Special Permit Plan of Land of Bella Estates, Raynham, MA," dated April 14, 2006, revised through December 8, 2006, with conditions as discussed and outlined in the Certificate of Action; second by Mr. Ellis; motion passed by unanimous vote (4). Certificate of Action will be issued.
(Mr. Fountain returned to the Board at 8:20 p.m.)
8:20 p.m. - Form A, 297 North Main Street: Josh Borden, Arthur F. Borden Associates, Raynham, MA, presented a Form A plan for land owned by Sharon Wilbur Trust, William and Donna Jordan, Trustees. Proper application and fee were submitted. After review of the plan, Mr. Fountain moved to approved the plan entitled "Plan Of Land In Raynham, Massachusetts Prepared For Sharon Wilbur Trust," dated October 30, 2006, prepared by Arthur F. Borden & Associates, Inc., as an Approval Not Required Plan; second by Mr. Gallagher; motion passed by unanimous vote (5). Mr. Gallagher signed the plan.
(Mr. Gallagher left the meeting at 8:28 p.m.)
8:28 p.m.- Site Plan Determination, 262 South Street West: Paul Patenaude, Earth Services Corporation, Taunton, MA, appeared before the Board on behalf of George Bumila, Jr., Taunton, MA. Mr. McCarthy noted that at a previous meeting, the Board had agreed the new procedure for an abbreviated site plan will require that an applicant come before the Board to determine if an abbreviated site plan is appropriate for a project rather than a full scale site plan. Board members noted that the new fee schedule for abbreviated site plan is not yet official but a public hearing will soon be held to amend the current fee schedule.
Mr. Patenaude explained the proposed project to the Board, noting Mr. Bumila currently operates his business from the site and he wants to build a 60 feet by 80 feet building in the right rear corner of the lot to house construction vehicles. He noted the building will either be a Space metal building or concrete blocks.
After discussion, the Board noted this project is similar to a project located on Broadway that was recently approved by the Board by abbreviated site plan. Board members agreed to the abbreviated site plan with the condition that the original site plan for this property be complied with before new plans are approved.
8:32 p.m. - Evergreen Estates (White Street): Developer Steve Joyce appeared before the Board along with contractor Mark LaChance, Taunton, MA, and Paul Patenaude, P.E., Earth Services Corporation, Taunton, MA, to discuss the construction cost estimate for Evergreen Estates. Construction Cost Estimates, dated December 14, and 13, 2006, from Nitsch Engineering, were received.
John Schmid informed the Board that he has been monitoring the development from the start and recently conducted a site visit. He informed the Board he was okay with lots being released after the issues in his correspondence dated December 13, 2006 are completed.
Mr. Joyce addressed the Board and stated he feels the $164,000 surety bond estimate is excessive. Mr. Schmid noted that estimate had been reduced to $159,666, and Mr. Joyce stated he felt any amount more than $150,000 is excessive because some of the items included in the estimate are redundant. Mr. Schmid explained he uses Mass. Highway Dept. numbers as standards along with numbers from Highway Superintendent Roger Stolte's bids.
Mr. LaChance informed the Board that the light pole in the roadway is being relocated soon by TMLP, the street sign is ordered and the monuments will soon be installed. Mr. LaChance noted he has never seen a road bond estimate so high especially since some of the work is done. Mr. Schmid agreed the numbers may seem high but explained the estimates are necessary because of today's economy. After discussion, it was agreed Mr. Schmid would reconsider the number of trees to be provided by the developer to lessen the bond amount. Road maintenance, loaming and seeding were also discussed.
Mr. Andrade noted the surety funds are necessary to ensure a developer will finish the subdivision work in a good manner.
Mr. LaChance explained that the road cost approximately $340,000 to install and he questioned why 50% of that amount is being required as bonding. Mr. Schmid noted he is concerned that because of the current economy, the subdivision may remain uncompleted for some time.
Mr. Joyce asked the Board to consider holding two lots as surety. The Board discussed whether or not they could hold lots as surety. After discussion, it was agreed that the Board could not hold lots in place of surety but may be able to hold one or two lots in addition to a surety bond being posted. It was noted that if only two or three lots were released instead of all the lots, the Board could reduce the amount of surety needed.
Mr. McCarthy noted he talked to Mr. Joyce about a tri-partite agreement. Mr. McCarthy stated he was concerned with a precedent being set if lots are held back as surety. During discussion, it was noted that the road to the binder course, the drainage and curbing are in place. Mr. Schmid noted the basin is 95% complete and is functioning.
Mr. LaChance noted that other towns hold lots as surety. Mr. Ellis asked that Mr. Schmid reexamine the bond estimate. Mr. Fountain said he felt the Board should not ask Mr. Schmid to revisit the issues. Mr. Schmid noted he looked at the estimate closely but he is willing to reconsider the number of trees.
Mr. Joyce explained to the Board that he was not about to leave the project unfinished. He noted he has no mortgage on the land and he would not leave the lots for that reason.
After discussion, Mr. Fountain moved to release no more than two lots if the Board is holding $80,000 cash bond; no second to the motion. Mr. Canto noted there was no Form J presented for the Board to act on.
Mr. Andrade advised the applicant that he has full use of the Town Planner's and Mr. Schmid's services. Mr. Schmid requested that Mr. Joyce fax him new proposed numbers so he can revisit the tree estimate, and Mr. Joyce agreed to do that.
General Business: Mr. Fountain moved to waive the reading and approve the minutes of November 30, 2006; second by Mr. Ellis; motion passed by unanimous vote (4).
Paper copies of George Estates subdivision were received for endorsement. It was noted the Board previously signed the mylar. During review, it was noted the mylar copy and the paper copies had signature different dates from the Town Clerk's office. The paper copies of the plan were not signed.
Correspondence re. George Estates, dated December 14, 2006 and December 13, 2006 was received from Nitsch Engineering.
Letter dated November 8, 2006 was received from MPM Builders, Mansfield, MA, requesting a reduction of Fair Lane Estates surety bond. Correspondence dated November 13, 2006, from Nitsch Engineering, re. Fair Lane Estates was received. Mr. McCarthy reminded the Board that Fair Lane has been accepted as a Town roadway. After discussion, Mr. Andrade moved to release the balance of the surety account over the amount of $7,709; second by Mr. Ellis; motion passed by unanimous vote.
Nitsch Engineering Memorandum with Construction Cost Estimate, dated December 13, 2006, was received for Step By Step site plan. No action was taken.
Copy of letter dated December 4, 2006 from Building Commissioner Rod Palmer to Paul Bumila re. Harry's Auto Body was received. No action was taken.
Copy of letter dated December 1, 2006 from Town Counsel Marc Antine to Attorney David Gay re. Roger's Lane easement was received. No action was taken.
Nitsch Engineering Construction Cost Estimate, dated December 14, 2006, for Aspen Hollow Drive, was received. No action was taken.
There was no further business, and the meeting was adjourned at approximately 9:10 p.m.
Respectfully submitted,
Raynham Planning Board
Christopher J. Gallagher, Clerk
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