Town of Raynham, MA - Planning Board Minutes March 8, 2007

6:26 p.m. - General Business: Memorandum dated February 27, 2007 was received from Nitsch Engineering regarding as-built site plan review for Mastria Nissan (1525 New State Highway). The access easement over the adjoining property was discussed. After discussion, Mr. Andrade moved to release $6,127 of surety funds for Mastria Nissan subject to the easement being reviewed by Mr. Fountain; second by Mr. Ellis; motion passed by unanimous vote.

Letter dated February 26, 2007 from George L. Carney, Jr., Trustee, was received requesting release of surety funds being held for 1950 Broadway site plan. Mr. Ellis moved to release all but $25,000 of surety funds to George L. Carney, Jr., Trustee; second by Mr. Canto; motion passed by unanimous vote.

Letter dated February 27, 2007 was received from Nitsch Engineering regarding Gatsby Garden as-built site plan review (located off Middleboro Ave. in East Taunton). The matter was tabled until a letter regarding compliance with ADA requirements is received from applicant. Applicant will be notified the letter is needed.

Letter dated February 28, 2007 was received from Town Administrator Randall Buckner requesting recommendation from the Planning Board for acceptance of Elmwood Estates (off Elm Street East) subdivision as a Town road. After discussion, it was agreed Mr. McCarthy will advise Mr. Buckner that the Board of Appeals should be giving the recommendation because they approved the plan in conjunction with a 40B comprehensive permit application.

Request for release of surety funds for Creative World Daycare site plan (located on Forge River Parkway) was discussed. Copy of e-mail from John Schmid, Nitsch Engineering, was received stating all outstanding issues were addressed. After discussion, Mr. Ellis moved to release the surety funds in entirety pursuant to the Nitsch Engineering letter dated February 27, 2007; second by Mr. Canto; motion passed by unanimous vote.

General Business: After discussion, the Board agreed to schedule a special meeting on Tuesday, March 20, 2007, 6 p.m., at Town Hall, to discuss amendments to the Transfer of Development Rights by-law.

Town Planner update: Mr. McCarthy advised the Board that at the request of the NRWD, he will be assisting in amending the zoning map to coincide with the DEP maps. The Board advised Mr. McCarthy to determine if the NRWD will be sharing the cost involved in redoing the maps.

6:50 p.m. - 262 South Street West/Bumila site plan public hearing was opened. Paul Patenaude, P.E., Earth Services, Taunton, MA, was present on behalf of applicant George Bumila, Jr. Mr. Patenaude was advised there were only three Board members present and he could continue the hearing if he preferred to have a full Board present for the vote. Mr. Patenaude agreed to proceed with three members present.

Comment letter dated January 12, 2006 (sic) was received from Building Commissioner Rod Palmer; letter dated January 17, 2007 was received from Highway Superintendent Roger Stolte. Mr. Andrade read the letters into the record. Mr. Patenaude stated he was okay with the comments in Building Commissioner's letter but he did not agree with Mr. Stolte's comments. Mr. Patenaude explained there is an apron being paved so the site can withstand trucks driving in and out of it. Mr. Stolte's letter was discussed. During discussion, it was noted item Nos. 1 and 2 are done, and item Nos. 3 and 4 are to be done. It was agreed the building issues will be addressed during the building permit process.

Mr. Patenaude explained that 4,800 square foot building is being constructed. Board members requested the building materials be noted on the plan, the height of the building be noted on the plan and a rendering of the building must be submitted to the Board prior to a building permit being issued.

Mr. Patenaude noted the plan has been approved by ConCom, there is no site lighting proposed, which he will note on the plan and a compact gravel driveway is planned. Board members suggested the applicant consider adding site lighting to the plan to avoid a modification to the plan if lighting is needed in the future.

After discussion, Mr. Canto moved to approve the site plan entitled "Abbreviated Site Plan 262 South Street West Raynham, MA. Prepared for George Bumila By Earth Services Corporation," dated October 11, 2006, last revised February 6, 2007 with the following conditions: Item Nos. 3 and 4 of January 17, 2007 Roger Stolte letter be addressed; building rendering submitted prior to building permit being issued; no additional site lighting shall be allowed without further site plan approval; Con Com approval of the plan is necessary; business hours of operation shall not begin before 7 a.m.; applicant shall maintain roadway debris; all other applicable standard conditions of site plan approval shall apply; motion seconded by Mr. Ellis; motion passed by unanimous vote. Certificate of Action will be issued.

7:10 p.m. - King Philip Street Apartments/Noblin Realty Trust site plan public hearing was opened. Mr. Ellis read the hearing notice. Nyles Zagar, P.E., Outback Engineering, Inc. and applicant John Noblin were present. Correspondence received: letter dated February 14, 2007 from Nitsch Engineering, copy of February 14, 2007 letter from Nitsch Engineering to Raynham Conservation Commission. Mr. Zagar presented the site plan along with photos of what the garages will look like. He explained the six proposed garages will be constructed on slabs, will be unheated, will have two lights on the front of each building, will have electric door openers and electric lights inside and there will be a dumpster.

Crystal Shuler, 722 King Philip Street asked about the size of the garages. Mr. Noblin noted some will have 6 bays, some will have 4 bays. He noted the garages will not be used for large trucks or heavy equipment.

Mr. Schmid asked if there are wells on First Street. During discussion, it was noted the wells are a distance away and will be protected. It was noted there will be no drains in the garage floors.

Resident of Pontiac Road asked where the access to the garages will be. Mr. Zagar explained the garages will not be accessed directly from King Philip Street or seen from King Philip Street.

Mr. Shuler asked if there is potential for additional garages. Mr. Noblin noted there is not much land left on the site. Ms. Shuler asked if trees would be taken down and Mr. Zagar explained the garages will not be seen from the street.

After discussion, Mr. Canto moved to approve the site plan "King Philip Apartments In Raynham Massachusetts," dated January 30, 2007, drawn by Outback Engineering, Inc., with conditions: the garages shall be used by residents or owners of the apartments only and the Board of Health standard conditions shall apply; motion second by Mr. Ellis; motion passed by unanimous vote.

7:30 p.m. - Cedar-Raynham LLC/Shaw's Plaza (Rte. 44) site plan public hearing was reconvened. Tom Pozerski, P.E., Hayward-Boynton & Williams, Inc. was present. Letter dated March 7, 2007 was received from Mr. Pozerski requesting withdrawal without prejudice of the site plan. Mr. Ellis moved to accept the request for withdrawal without prejudice; second by Mr. Canto; motion passed by unanimous vote.

7:32 p.m. - RNR Plastics site plan modification: Tom Pozerski, Hayward-Boynton & Williams, Inc. appeared before the Board with a request for a minor modification to RNR Plastics (20 Bellows Road) site plan. Mr. Pozerski explained there has been standing water in the drainage pond and in order to correct the problem, the outlet structure is being modified. Mr. Pozerski informed the Board that John Schmid has reviewed the modified plan and approves of it. Letter dated January 30, 2007 was received from Nitsch Engineering. During discussion, Mr. McCarthy noted the rain garden system is not working as hoped.

During discussion, it was noted a bond for the site plan has not yet been posted but the new addition is not yet being used so an occupancy permit has not been requested.

After discussion, Mr. Canto moved to approve the plan entitled "RNR Realty LLC 2 Raven Road Canton, Massachusetts, 02021 Stormwater Management Area Modifications 20 Bellows Road Raynham, Massachusetts 02767," dated January 31, 2007, without conditions; second by Mr. Ellis; motion passed by unanimous vote.

7:50 p.m. - Form A Plan, Terrier Way (off North Main Street) - Jim Noyes of Greenman - Pederson, Inc., Engineering and Construction Services, Mansfield, MA, presented a Form A plan for Terrier Way, a proposed roadway to be located off North Main (at Tracy's Corner/Mill Street). Property owner of record is Colleen Farrington. Mr. Noyes explained the intent of the plan is to create Terrier Way as a means for Ms. Farrington's neighbors to access North Main Street and eliminate their access to North Main from their existing driveways. Mr. Noyes further explained the plan may help eliminate one or two traffic lights at the intersection. During discussion, it was noted the Town will be creating and maintaining Terrier Way and Highway Superintendent Roger Stolte is favorable to the plan.

Board members and Mr. Noyes reviewed the plan and discussed whether or not the Board can approve a Form A plan for a roadway not yet created on property that the Town does not own. Mr. Noyes informed the Board that Town Counsel Marc Antine suggested the Form A plan as the mechanism for creating Terrier Way. After discussion, the Board agreed they were not prepared to vote on the plan without further clarification from Town Counsel Marc Antine or Highway Superintendent Roger Stolte. Mr. McCarthy noted he originally believed the roadway would be created through a Form C subdivision plan but he was told by Marc Antine it should be done with a Form A plan. It was agreed that Mr. McCarthy will contact Attorney Antine for further clarification. No action was taken and the matter was tabled to the special meeting on March 20, 2007.