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Raynham, Massachusetts.  Incorporated 1731

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Planning Board Minutes February 22, 2007
The Raynham Planning Board meeting of February 22, 2007 was called to order at 6:25 p.m.

Board members present:  Burke Fountain, John Canto, Chris Gallagher, Henry Ellis

Not present:  Mr. Andrade
  
Also present:  Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney


6:25 p.m. – General Business:  Minutes of January 25 and February 8, 2007 were received. Mr. Fountain moved to approve the minutes and waive the reading; second by Mr. Gallagher; motion passed by unanimous vote.

6:26 p.m. – Coletti’s Market site plan:  Paul Patenaude, P.E., Taunton, MA, appeared before the Board to discuss Coletti’s Market, 470 North Main Street. Mr. Patenaude explained the owner is in the public hearing process with the Board of Appeals for a special permit to expand the parking area for the store, a pre-existing, non-conforming use, onto the Residential A property adjacent to the market.  Mr. Patenaude explained the Board of Appeals has concerns with the proposed plan especially with the proposed curb cuts for the residential lot and they preferred only one curb cut to access both the store and the residential area.  During discussion, Mr. Fountain and Mr. Gallagher both noted they liked the plan better with only one curb cut.  

Mr. Patenaude discussed the landscaping.  He noted the Board of Appeals indicated they would be amenable to a landscaper doing the work instead of a registered landscape architect.   Mr. Patenaude discussed the area designated for future parking.   He noted the Board of Appeals has concerns with the parking area in the rear of the store being too close to the abutter so they prefer it be eliminated or at least be 40 feet from the property line.     (Mr. Ellis arrived at 6:34 p.m.)   After discussion, the Board agreed in any case the applicant would have to return to the Planning Board for approval of any future parking area.         

After further discussion, Board members indicated they were agreeable to the changes suggested by the Board of Appeals but they would need the changes submitted in writing before they could formally vote on them.
  
6:36 p.m. - Evergreen Estates:   Developer Steve Joyce appeared before the Board to discuss the surety bond for Evergreen Estates (located off White Street).   Mr. Joyce submitted a letter from the Raynham Board of Health stating their proper fees had been paid.   Mr. Joyce informed the Board the telephone pole has been moved, the bounds are in place and the street sign is in place.   He then submitted a performance guarantee bond from Bond Safeguard Insurance Company along with a letter from McSweeney & Ricci Insurance Agency stating the bond is annually and automatically renewable.   
  
Mr. Ellis noted the Board needs to know the bond rating.   After discussion, the Board agreed to send the bond to Town Counsel for review and approval.   The matter was continued to March 8, 2007, 6:25 p.m.
 
6:45 p.m. - Public hearing for Muir/Sandy Hill Street Waiver of Frontage plan was opened.   Mr. Gallagher read the hearing notice.   Attorney David Gay appeared before the Board as applicant's representative.   Attorney Gay explained the Board of Appeals granted  a variance from frontage requirements for the two lots on Sandy Hill Street.     He noted the property has been family owned for approximately 75 years and the owner is selling the property to her grandsons so they can build homes.  During discussion it was noted the locus lots are larger than most other lots in the neighborhood, the paved road way is about 20 feet wide, and there is not much traffic on Sandy Hill Street.
 
Margaret Valadao, 3 Sandy Hill Street, the daughter of the property owner, spoke in favor of the plan.   She noted her mother has been waiting to see her grandsons build on the property.
 
After discussion, Mr. Canto moved to approve the waiver-of-frontage plan entitled "Waiver of Frontage Plan of Land In Raynham, Massachusetts Owned By Joseph and Mary DuPont," prepared by Hayward-Boynton & Williams, Inc., dated December 4, 2006, finding that there is sufficient and safe vehicular access to the lots; second by Mr. Gallagher.   Mr. Ellis noted that he disagrees with the Board of Appeals on the issue of variances and he will abstain from voting.   Vote was taken and the motion passed three in favor and Mr. Ellis abstaining.   
  
6:52 p.m. - Steeplechase subdivision:   Tom Armitage of QBI Homes, Inc. appeared before the Board to request bond reduction for Steeplechase (located off Leonard Street), which he noted will remain a private subdivision.   Correspondence dated February 8, 2007 was received from Nitsch Engineering, stating there are some issues with the site and the as-built plan that need to be taken resolved after which a revised endorsed plan should be submitted for review and approval.   Mr. Armitage stated the issues are being taken care of and the plan is being revised and will be submitted.
 
After discussion, Mr. Fountain moved that based on the request of Finch Farm LLC and the Nitsch Engineering letter dated February 8, 2007, the Board release surety funds in excess of $99,959 being held for Steeplechase subdivision; second by Mr. Ellis; motion passed by unanimous vote.
 
General Business:   Request for bond reduction for Gatsby Gardens site plan was discussed.   Mr. McCarthy noted the Board did not vote on the matter at their last meeting.   After discussion, the Board agreed written confirmation is needed from Nitsch Engineering.   Mr. McCarthy noted the final as-built plan has been submitted.   It was also agreed a Certificate of Action will be needed for Gatsby Gardens.   The matter was tabled to March 8, 2007 meeting.   
  
Release of surety funds for Creative World in Forge River Park (off South Street West) was discussed.   Mr. McCarthy informed that John Schmid did a site inspection and determined the parking lot has been repaired.   After discussion, the Board agreed they want written confirmation from Nitsch Engineering.   The matter was tabled.
 
Letter dated February 14, 2007 regarding Tearall Road was received from Frank Cabral of Raynham Sewer Commission.   No action was taken.
 
Memorandum dated February 22, 2007, regarding new town hall at 558 South Main Street was received.   After discussion Board members agreed the punch list of items must be completed.   Mr. McCarthy noted there is a building committee meeting tomorrow and the matter will be addressed.
 
Letter dated February 15, 2007 from Attorney David T. Gay regarding Roger's Way (off North Main Street) was received.   No action was taken.
 
Release of surety funds for 1950 Broadway site plan was discussed.   During discussion, it was noted the Board had previously requested a letter from the Board of Health be received stating they had no further issues with odors before the release of surety funds.   Mr. McCarthy informed the Board the Board of Health is not ready to sign off on the odor issue.   Mr. Fountain motioned to release all surety funds for 1950 Broadway site plan over the amount of $24,679; second by Mr. Gallagher.   Mr. McCarthy noted the previous vote to release was subject to the request letter being received from applicant George Carney.   Mr. Fountain moved to amend the motion that the surety funds be released subject to the letter being received; second by Mr. Gallagher; motion to amend passed by unanimous vote.   During discussion, it was noted there was no condition in the Certificate of Action for the site plan regarding odors or sewer tie-in.   Mr. Fountain moved to approve the motion as amended; second by Mr. Gallagher; amended motion passed by unanimous vote.
 
7:15 p.m. - Amica Insurance (Paramount Drive) site plan:   Ryan Russell of Beals and Thomas, Inc., Southborough, MA, presented a minor modification to the Amica Insurance site plan.   Mr. Russell explained the new plan proposes to add a 20 foot light pole to the site.   Mr. Russell submitted modified plans.  He explained there will be no light crossing over the property line and the new light pole will not be exactly the same as the older poles because they are no longer available but it will be the same height.   During discussion, it was noted there is considerable distance between this site and the nearest residence.   
  
After discussion, Mr. Fountain moved that based on the letter dated January 31, 2007 from John Bensley, P.E., Beals and Thomas and the plan entitled "Amica  Mutual Insurance Company Paramount Drive Raynham Woods Commerce Center Raynham, Massachusetts Parking Lot Lighting Enhancement Plan," by Beals and Thomas, Inc., dated January 30, 2007,  and the two photometric plans submitted, the Board approve the minor modification as long as it is in conformity with the plans and letters; second by Mr. Gallagher; motion passed by unanimous vote.   
  
7:20 p.m. - Yukon Landscaping/South Street East modified site plan:   (Applicant or representative were not present).   Letter dated February 13, 2007 from Sitec Engineering and letter dated February 22, 2007 from Nitsch Engineering were received.   Mr. Fountain updated the Board on the matter, noting there have been drainage concerns with this site.   Mr. Gallagher noted the plan now before the Board calls for only one building (as opposed to two buildings on original plan).   During discussion, it was noted the site plan was previously approved subject to an engineering review after the fact and that drainage issues were subsequently found and the plan was modified and that modified plan is now before the Board.   It was noted the building on the plan is the same size as originally proposed.   
  
Mr. McCarthy explained the parking area in the front of the lot was reduced in order to add a drainage area and parking spaces were moved to the rear of the lot.   It was noted Mr. Schmid reviewed the modified plan before the Board saw it.  During discussion, it was noted the Town Clerk signed the original site plan indicating no appeal had been taken but has not signed the new plan.   After discussion, the Board agreed to accept the plan without the Town Clerk's signature but they would like a letter from her stating that no appeal was taken.
  
After discussion, Mr. Ellis made a motion to endorse the site plan for Yukon Landscaping/South Street East as last revised on February 12, 2007 as the site plan of record with all previous site plans being voided; second by Mr. Fountain; motion passed by unanimous vote.   The plan was endorsed.
  
Release of surety funds for Mastria-Nissan site plan was discussed.   It was noted the check should be made payable to both the applicant and the contractor who submitted the Form W-9 with the surety funds.
 
Town Planner update:   Mr. McCarthy briefly discussed amendments to the Transfer of Development Rights by-law for the upcoming Annual Town Meeting.   The matter was tabled to the next Board meeting.
 
Mr. McCarthy informed the Board that one of the three remaining lots under covenant at Lincoln Woods has a valid Order of Conditions.   He noted he has not yet contacted the developer to discuss the matter of increasing the surety funds but he will be doing so.   Mr. Gallagher suggested the validity of the wetland line be determined.
 
Board members discussed the entrance way to the D'Angelo's Plaza on the corner of Broadway and Carver Street.   There was discussion about whether or not it will be better to allow right hand turns out of the site.   No action was taken.     
  
There was no further business or discussion, and the meeting adjourned at 7:55 p.m.
 
Respectfully submitted,
 
Raynham Planning Board

Chris Gallagher, Clerk


 
Town of Raynham 558 South Main St., Raynham, MA 02767 Phone: 508.824.2707
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