Town of Raynham, MA - Planning Board Minutes January 25, 2007

The Raynham Planning Board meeting of January 25, 2007 was called to order at 6:25 p.m. Board members present were Daniel Andrade, John Canto, Burke Fountain and Henry Ellis (Mr. Gallagher was not present). Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and John Schmid of Nitsch Engineering.

6:25 p.m. - General Business: Correspondence dated November 13, 2006 was received from Nitsch Engineering regarding as-built plan review for Fairlane Estates (off Pine Street). During discussion, it was noted Fairlane Estates was accepted as a Town road but money is still being held for landscaping. Mr. Schmid recommended the money continued to be held until the trees have a growing season. The Board took no action on the matter.

Memorandum and Construction Cost Estimate, dated January 12, 2007, were received from Nitsch Engineering for Learning Step By Step Daycare on Paramount Drive. Mr. Schmid informed the Board he revisited the site as they requested and he lowered his construction cost estimate amount. Mr. Fountain moved to release all funds being held for the project in excess of $2,926; second by Mr. Ellis; motion passed by unanimous vote.

Correspondence dated January 12, 2007 was received from Nitsch Engineering regarding as-built plan review and construction cost estimate for Brook Street subdivision. Mr. Schmid informed the Board the subdivision is completed and looks good. During discussion, it was noted that a paper/insurance company surety bond is being held for the subdivision. After discussion, Mr. Ellis moved to recommend acceptance of the road to the Selectmen; second by Mr. Fountain; motion passed by unanimous vote.

Correspondence, dated January 19, 2007 was received from Nitsch Engineering regarding Evergreen Estates (off White Street). During discussion, it was noted developer Steve Joyce will be submitting a ‘paper’ performance bond for surety but Town Counsel must first approve it. No action was taken.

Correspondence, dated January 15, 2007 was received from Nitsch Engineering regarding as-built review and construction cost estimate for Finch Farm subdivision (located off Leonard Street). Mr. Schmid informed the Board the roadway appears okay and Mr. Stolte has no issues with the road either. Mr. Ellis noted he observed problems with the road in the fall. Mr. Schmid explained the road has been repaired. Mr. Ellis moved to release all surety funds being held for Finch Farm in excess of $37,981; second by Mr. Fountain; motion passed by unanimous vote.

Memorandum dated January 19, 2007 was received from Nitsch Engineering regarding Central Dodge, Route 44, site plan. During discussion, it was noted that over $100,000 is being held as surety for the project. The matter was tabled with no action taken.

Letter dated January 22, 2007 was received from Steve M. Gordon, President, Kirker-Perry Construction Co., Inc., requesting release of the cash bond being held for Mastria Nissan (Route 44) site plan. Mr. Ellis noted he was concerned with the fact that the person requesting release of the funds and the person who will be issued the check are not the same. Mr. Fountain agreed this could be an issue. Mr. Andrade also agreed and noted a standard for release of funds is needed. After discussion, it was agreed that a request for release of funds must come from the applicant regardless of who submitted the check.

Mr. Schmid informed the Board that he conducted a site visit at Mastria Nissan on November 28, 2006 and observed there could be encroachment issues with an easement. John Noblin was present and he informed the Board that the property with the easement was recently sold and the new owner appears okay with the situation. After discussion, Mr. Andrade moved to release all funds over $6,127 being held for Mastria-Nissan; second by Mr. Fountain; motion passed by unanimous vote.

Correspondence dated January 16, 2007 was received from Verizon requesting the Board include Verizon’s informational letter regarding their services as part of the Board's information packet for subdivisions. After discussion, the Board agreed that the correspondence should be posted on the bulletin board for informational purposes for developers.

Correspondence dated December 21, 2006 from Nitsch Engineering regarding construction cost estimate for Aspen Hollow (off North Main Street) was received. Mr. McCarthy noted the developer has not contacted him. The matter was tabled with no action taken.

Letter dated January 24, 2007 was received from Henry J. LaMountain, Treasurer, LaMountain Bros., Inc., requesting release of the cash bond being held for Hess, Rte. 138, site plan. During discussion, it was noted a permanent occupancy permit has been issued for the site. Mr. Canto noted there are no light shields in place so Mr. Schmid agreed to check into the matter. Mr. McCarthy stated he will make LaMountain Bros. aware that the surety money will be going to Hess.

Copy of a letter dated January 17, 2007 from Mr. McCarthy to Tim Bruno, Route 44 Toyota, was received. Mr. McCarthy noted he spoke to Mr. Bruno and was advised there had been a problem with offloading vehicles but that it does not happen any longer. Mr. McCarthy advised that he will send a copy of his letter to the Board of Selectmen and he will also be sending a letter to the State regarding additional signs on Route 44.

Copy of memo dated January 24, 2007 from John Schmid regarding RNR Plastics, Bellows Road, was received. Mr. Schmid informed the Board he will be conducting a site visit tomorrow and will prepare a construction cost estimate. There was brief discussion regarding the use of rain gardens for drainage at sites. Mr. Schmid informed the Board they are not totally successful yet.

Memorandum dated January 24, 2007 was received from Nitsch Engineering regarding 1958/1950 Broadway site plan. Mr. Schmid informed the Board the as-built plan has been submitted and it is acceptable. He noted there is some work still to be done at the site. No action was taken.

Letter dated January 23, 2007 was received from Nitsch Engineering regarding construction cost estimate for Lincoln Woods subdivision (off Oak Street). Mr. Schmid informed the Board that he revisited the construction cost estimate for Lincoln Woods and he determined the surety bond was between $80,000 and $90,000 shy of what would be needed as surety given today's economy. He noted is not sure if all the lots in the subdivision have been released. Mr. Fountain reminded the Board of a case in Hopkinton, Mass., whereby a Planning Board retained lots as surety when a developer defaulted.

After discussion, it was agreed Mr. McCarthy will research the matter to determine how many lots are remaining in Lincoln Woods and who owns them and report to the Board at the next meeting. It was also agreed Mr. McCarthy should contact the developer to update him before the Board takes any action on the bond.

6:55 p.m. - Gatsby Gardens (located on Raynham-Taunton line, off Middleboro Ave.): Christopher Mather appeared before the Board to discuss a minor modification to the approved Gatsby Gardens site plan. Mr. Mather distributed informational packet of photographs of the site. He explained that Phase I of the project is completed. Mr. Mather explained that he wants to omit the sidewalk between the two lots on the plan and instead use the existing sidewalk between the buildings. After discussion, Board members agreed to the request.

Mr. Mather then requested that additional lighting and plantings be allowed. He assured the Board there will be no overflow of lighting onto adjacent properties and he was willing to have the Board inspect the lighting. Mr. Andrade noted he would like a stipulation that if the neighbors have a problem with the lighting, Mr. Mather must make adjustments such as putting shields on the lights. Mr. Canto agreed to inspect the site lighting.

After discussion, Mr. Fountain moved to approve the minor modifications subject to receiving a written request for the changes proposed and subject to the Board's continued jurisdiction of the lighting; second by Mr. Ellis; motion passed by unanimous vote (4).

7:10 p.m. - King Philip Street apartments: John Noblin, Raynham, MA, appeared before the Board along with Jason Youngquist of Outback Engineering, Middleboro, MA, to request an abbreviated site plan process for the addition of thirty garages to the King Philip Street apartment complex. Mr. Youngquist explained the garages will be 14 feet by 28 feet. He noted there will be no change to the rate of discharge at the site. Mr. McCarthy advised the Board that he believes the proposed site plan meets the qualifications for abbreviated site plan process. It was noted that the Board had previously agreed that there is no set criteria for abbreviated site plan approval but rather the Board would make that determination on a case-by-case basis. During discussion, it was agreed the need for peer review will be determined later and an as-built plan will be required.

Mr. Andrade stated he was concerned with drainage. Mr. Youngquist noted the project will need Conservation Commission approval. Mr. Fountain stated he was agreeable to the abbreviated site plan process as long as the plan goes to Conservation Commission. Mr. Ellis agreed with Mr. Fountain, and he also requested an architectural drawing be submitted with the plan.

7:32 p.m. - Awais Farms Subdivision (located off Bridge Street) public hearing was reconvened. Jason Youngquist, Outback Engineering, Middleboro, MA, was present on behalf of applicant. He explained the project engineer, Tony Esposito, could not be present because of a death in his family so a continuance would be needed. Mr. Schmid informed the Board there were significant drainage concerns at the site but he has not seen the plan since the first meeting. Mr. McCarthy noted there are legal issues to resolve also.

After discussion, the hearing was continued to February 8, 2007, 6:30 p.m. in order to get a status report from the engineer and to get an extension of the Board's time-to-act. It was agreed no testimony would be presented at the February 8th hearing because the chairman will not be present.

7:37 p.m. - Bumila/262 South Street West Site Plan public hearing was opened. Mr. Fountain read the hearing notice. Letter dated January 22, 2007was received from Paul Patenaude, P.E., Earth Services, requesting continuance of the hearing.

Conservation Commission Agent Erika Ueberbacher was present and informed the Board that ConCom has the file for this project but has not reviewed it yet. After discussion, the public hearing was continued to March 8, 2007, 6:30 p.m. Mr. McCarthy agreed to contact Mr. Bumila to get an extension of time-to-act.

General Business: Mr. Ellis informed the Board that he noticed the dumpster at McDonald's on Route 44 was rotted, he was concerned because of its proximity to the river and he questioned who has jurisdiction of this issue. After discussion, Mr. McCarthy agreed to look into the matter.

7:45 p.m. - Route 138 Zoning Committee: Joseph Pacheco, Carla McCrae and Erika Ueberbacher were present to discuss zoning issues with the Board. Mrs. McCrae explained the Committee was focusing now on the northern end of Route 138 and they were drafting a Designated Development District by-law for the area. The Committee distributed a map showing the area being discussed. It was noted the Committee has been working on the zoning change since March 2006.

Mr. Andrade noted the area seemed to be targeting the dog track property. Mr. Pacheco explained the present Carney operations would not be changed but rather the committee was looking at long-term issues. He stated he would not support the by-law if it jeopardized the Carney property now. Mr. Andrade noted that because the changes could impact the current property owner, he wanted to be sure things were done properly.

Mr. Ellis asked if property owners were aware of the zoning changes being proposed. Mr. Pacheco explained that John Shea of Ryan Iron properties and Chris Carney have seats on the committee although they have not been present at meetings and Frank Rozenas is Vice-Chairman of the Committee. Mr. Pacheco noted all the meetings are legally posted.

During discussion, it was noted that just three or four owners owned the parcels being discussed. Mr. Pacheco explained the Committee felt it was easier for the Town to digest rezoning for smaller parcels rather than larger ones.

During discussion, it was noted that restaurants but not fast food business would be an allowed use in the district. Mr. Ellis suggested fast-food business could be allowed but without drive-through windows. Mr. McCarthy said he would take the suggestion into consideration. Mr. Fountain suggested larger front yard setbacks for the lot than what is now being proposed. The discussion concluded without action being taken.

General Business: Project review account funds were discussed. It was noted Karen’s Way, Aspen Hollow, Finch Farm I and Ryan Iron were in need of additional funds in the revolving account. Mr. Fountain moved to request $1,500 for each account; second by Mr. Ellis; motion passed by unanimous vote.

8:25 p.m. – Riverfront LLC/Church Street - Attorney Edmund Brennan, Taunton, MA, appeared before the Board as representative of Riverfront LLC, along with Russell Yule, Manager of Riverfront LLC, to discuss a possible Transfer of Development Rights (TDR) project for land on Church Street. Mr. Andrade left the Planning Board’s table for the hearing and sat in the general public’s section of the meeting room. He noted he has a financial interest in Riverfront LLC.

Attorney Brennan distributed copies a TDR worksheet that he had completed. He explained the proposed plan will show potential development of 12 conventional subdivision lots at the Church Street property that was formerly a winery. Attorney Brennan noted the wetland line is approved. Erika Ueberbacher, Conservation Agent, agreed the wetland line was approved and no appeals have been taken on it yet.

There was discussion on whether or not this property is worth saving. Mr. Andrade explained that he became involved with the project because he believes the winery property is worth saving and the property could benefit the Town as a park. He noted if the TDR does not work for this land, it will become a subdivision.

During discussion, it was questioned why the numbers for the land value and lots are so important and Mr. Fountain noted it was important so it would not appear the Board was favoring a “buddy.”

After discussion, Board members agreed the TDR by-law may not be working as planned and it should be reevaluated. Mr. McCarthy agreed to contact Jim Williams, who was familiar with the TDR by-law, and get his input on why it does not seem to work. Mr. McCarthy will also contact other communities who have a TDR by-law. No action was taken on the matter.