Town of Raynham, MA - Planning Board Minutes-September 13, 2007

6:32 p.m. – Rte. 138 Rezoning Committee member Carla McRae was present to update the Board on the status of the proposed zoning changes on portions of Broadway. Mrs. McRae and the Board discussed conference facilities as an allowed use in the proposed Designated Development District. During discussion, it was noted the Rozenas property and the dog track property were not in the proposed district but the area includes Ryan Drive to M.D. cabinets to the north and from the self-storage facility to the Arcand property to the south.

Mrs. McRae asked if the Planning Board would endorse the proposed zoning amendments for the fall Town Meeting. After discussion, Board members unanimously voted to sponsor the amendments and will instruct Town Planner to draft an article.

6:26 p.m. – Woodlands/Pamela Way subdivision: Ron Turowetz appeared before the Board to request bond release for Woodlands/Forge Knoll subdivision/Pamela Way. Mr. Turowetz informed that hydro seeding was done today at the subdivision. Construction Cost Estimated, dated September 11, 2007, was received from Nitsch Engineering. Mr. Schmid informed the Board the site looks good. Mr. Gallagher moved, second by Mr. Fountain, to release all but $24,972 of surety funds being held for Pamela Way, per the September 11, 2007 Nitsch correspondence. Motion passed with unanimous vote.

6:30 p.m. – 95 Ryan Drive Site Plan – Shane Oates, P.E., Coneco Engineers, appeared before the Board re. modification to 95 Ryan Drive site plan. He noted he was before the Board two weeks ago and has made the changes regarding the easement between 65 and 95 Ryan Drive. After review of the plan, Mr. Fountain moved to accept as a minor modification the changes set forth in the plan entitled “Warehouse Building 95 Ryan Drive Raynham Massachusetts 02767,” Access Easement Detail Plan, prepared by Coneco Engineers, Bridgewater, MA, second by Mr. Gallagher; motion passed by unanimous vote.

After brief discussion, Mr. Fountain moved pursuant to the request by Ryan Iron, in letter dated September 6, 2007, and based on information from John Schmid, Nitsch Engineering, to release all surety funds for Ryan Iron site plan over $5,000; second by Mr. Gallagher; motion passed by unanimous vote.

6:35 p.m. – Awais Farms Subdivision (located off Bridge Street) public hearing was reconvened. Neither applicant nor representative was present. It was noted an extension of time-to-act was granted to December 31, 2007. Mr. Schmid informed the Board that he did an initial review of the subdivision plan but no response to it was received from applicant’s engineer. After discussion, it was agreed to send applicant’s representative, Attorney Nessralla, a letter advising the hearing is continued and the Board will need an update at the next hearing or the Board will take action on the plan. The hearing was continued to September 27, 2007, 6:25 p.m.

6:42 p.m. – Yukon Landscaping Site Plan, 407 South Street East: letter dated August 30, 2007 was received from Daniel Aguiar, P.M., Sitec Engineering, requesting a minor modification to the site plan. Memorandum dated September 13, 2007 was received from John Schmid, Nitsch Engineering, regarding the proposed modification. Mr. Schmid discussed the changes to the plan, noting they were minimal. After review of the plan, Mr. Andrade moved to approve the requested changes, pursuant to the Nitsch Engineering correspondence, as a minor modification; second by Mr. Fountain; motion passed by unanimous vote.

6:45 p.m. – Aspen Hollow Subdivision (located off North Main Street) – Developer Mark Perron appeared before the Board and presented the Lender’s Agreement for surety. Mr. Fountain reviewed the agreement. The Board and Mr. Perron discussed lot releases. Construction Cost Estimate from Nitsch Engineering, dated December 21, 2006, was discussed. After discussion, the Board agreed Lot 5 could be added to the lot release. Letter dated June 20, 2007 from Town Counsel Marc Antine regarding the lender’s agreement was also received. After discussion, the Lender’s Agreement was signed by the Board.

6:55 p.m. – General Business: Minutes of August 23, 2007 were received. Mr. Fountain moved, second by Mr. Canto, to waive the reading and approve the minutes; motion passed with unanimous vote.

6:56 p.m. – Public hearing for Mill Pond Preliminary/Open Space Plan (located off Mill Street) was reconvened. Applicant Jim Williams was present along with Craig Horsfall, P.E., Hayward-Boynton & Williams. Mr. Williams informed the Board he met with the Sewer Commission and that his plan was grandfathered from the new fee schedule so he will be proceeding with municipal sewer for the subdivision. Mr. Williams also noted the wetland line has been approved.

John Schmid informed the Board he was okay with the number of lots at 20. Mr. Williams noted he does not believe the subdivision will want a community center lot so Lot 23 was eliminated from the plan. Project review correspondence dated September 12, 2007 was received from Nitsch Engineering. Mr. Schmid noted an emergency access to Mill Street senior housing is provided on the plan. Mr. Williams noted the Housing Authority indicated they were okay with the plan. During discussion, it was noted a waiver of road length is being requested but the Board does not approve waivers at the preliminary plan stage.

Affordable lots at the subdivision were discussed. During discussion, it was noted Mr. McCarthy will contact Mr. Williams to discuss providing funding in lieu of creating affordable lots at the subdivision.

Mr. Canto noted he does not like the lot with the existing house being counted towards the number of lots for the open space plan. Mr. Fountain stated he was not okay with the number of lots and felt applicant was getting more than deserved. Mr. Fountain noted he could not go along with the open space plan unless three lots were eliminated.

Mr. Fountain noted he does not believe the plan is in the best interests of the Town and that is an issue to decide for a special permit. Mr. Gallagher noted he is okay with the plan and with Mr. Williams keeping his lot. Mr. Andrade said he cannot say yet how many lots he will give to the plan.

Mr. Williams stated he has no problem with general town use of the pond and that the roadway for residents of the subdivision will be public. He asked Mr. Fountain what he considered the appropriate number of lots. Mr. Fountain stated four less than is shown on the plan. During discussion, Mr. Williams suggested rewriting the regulations so developers would better know what to deal with. Mr. Fountain noted a special permit allows discretion on the part of the Board.

Mr. Canto suggested a conventional subdivision could be built and Mr. Williams noted he is trying to preserve the land. Mr. Andrade noted there is not much difference in the land preserved between the open space and conventional plan.

Mr. Williams explained he is trying to protect the time between submittal of the preliminary and definitive plan and he then requested the plan be withdrawn. After discussion, Mr. Andrade moved to approve the plan withdrawal; second by Mr. Gallagher; motion passed by unanimous vote. Board members agreed to waive or reduce the filing fees and balance of review fees will be used towards new plan.

7:53 p.m. – Finch Farms Condominiums Site Plan – Letter dated August 25, 2007 was received from Mike Thiel requesting release of surety funds for Finch Farm Condominiums site plan. Memorandum from Nitsch Engineering, dated August 27, 2007, regarding as-built review for the site plan was received. Letter dated August 14, 2007 regarding Finch Farms Condominiums was received from Attorney A. Miriam Jaffe. Mr. Schmid informed the Board he did a site inspection and all was okay except for the trees. The matter was tabled to later in the meeting.

7:55 p.m. – North Raynham Water District Commissioners Mike Lally, Bob Chase and Mike Dyer along with Superintendent Arthur Benedelli appeared before the Board to discuss the water resource zoning map. Mr. Gallagher explained that the present zone lines were drawn arbitrarily and the goal now was to redraw the lines to coincide with DEP standards. Board members and the NRWD members reviewed the existing map and the proposed DEP standards map. During discussion, it was noted some land use is unfairly restricted according to the present water resource map. (Richard McCarthy arrived at 8 p.m.) After discussion, Board members agreed the proposed concept is good and the current map should be revised. North Raynham Water District Commissioners also agreed the concept is good and they will go along with it. It was agreed the new district lines should follow property lines. It was also noted the proposed map must be approved at Town Meeting.

8:25 p.m. – Proposed Plan for Elm Street East – Stuart Clark appeared before the Board to discussed proposed plan for land off Elm Street East. During discussion, it was noted some of the property on the proposed plan is in Bridgewater. After discussion, the Board advised Mr. Clark he should approach the Bridgewater Planning Board regarding a Form A for the third lot off Birch Hill Road and return to the Raynham ZBA for variances on the two other lots in the plan.

8:30 p.m. – Finch Farm Condominiums Site Plan bond release was discussed. After discussion, the Board agreed the site plan must be completed as approved and no surety funds will be released until that is done. It was agreed to send Mr. Thiel a letter advising him to plant the remaining trees and to contact the Board when that is done so Mr. Schmid can conduct a site visit. Mr. Thiel will also be advised that the Board will the release the remaining funds with the exception of $2,000, which will be held as surety for the trees. Mr. Thiel will also be advised there is an outstanding Nitsch Engineering invoice that must be paid.