Town of Raynham, MA - Planning Board Minutes October 9, 2008

The Raynham Planning Board meeting held on Thursday, October 9, 2008, at Raynham Veterans’ Memorial Town Hall, was called to order at 6:08 p.m. by Vice Chairman Burke Fountain.

6:09 p.m. - Riverfront Estates: Mr. Fountain announced that applicant’s representative, Attorney Ed Brennan, Taunton, MA, was present but due to a lack of a voting quorum on this plan, the public hearing for Riverfront Estates would be continued to October 23, 2008, at 6:05 p. m. No testimony was taken.

6:10 p.m. - DePuy Orthopaedics, Paramount Drive, Site Plan - Michael Dryden, RLA, Waterman Design Associates, appeared before the Board on behalf of DePuy. He noted the Board approved the DePuy building expansion site plan in June 2008 and the expansion is now being constructed. Mr. Dryden explained applicant is now proposing an additional 1600 sq. ft. of space to the two-story expansion to be used as social space. Mr. Dryden requested the Board approve the 1600 sq. ft. additional space as a minor modification to the site plan.

Mr. Fountain moved to approve the request for minor modification shown on “DePuy Orthopaedics, Inc. Education Center 325 Paramount Drive Raynham Massachusetts Building Modification Exhibit,” last revised September 25, 2008, second by Mr. Canto. Mr. Andrade noted Nitsch Engineering reviewed the proposed addition, and correspondence dated October 7, was received from Nitsch offering no objection to the modification. Vote was taken and the motion to approve passed by unanimous vote (3).

6:14 p. m. General Business: Mr. Fountain moved to waive the reading and approve the minutes of August 14, and September 11, 2008; second by Mr. Canto; motion passed by unanimous vote (3).

6:15 p.m. – Central Dodge Site Plan (Rte. 44) - Attorney Ed Brennan, Taunton, MA, appeared before the Board to discuss the unfinished site plan. He noted there are unresolved issues still remaining with the plan. He explained there is space near the IHOP restaurant that the Raynham Selectman had approved for use by the dealership but the Planning Board had not yet approved the use of that space, and he felt it would be advantageous to use the space.

Mr. Fountain noted the dealership was now unloading their cars from the Bernie & Phyl’s site across the street, and he asked if the incline at the Dodge site was too steep to use. Attorney Brennan said he would look into where and why the cars are being unloaded. Mr. Fountain noted the approve site plan specified an area for unloading of cars.

During discussion, Mr. Andrade noted the approved site plan showed berm was to be located between the car dealership building and the land leased by the dealership and the applicant had wanted to do away with the berm even though they did not own the adjacent land. He also noted there was a fencing issue and that the back of the lot needed to be cleaned out. Mr. Canto noted the back lot had been gravel but is now blacktopped, and Mr. Fountain noted drainage was never discussed for the blacktopped area. It was noted the Dodge dealership has now merged with a Chrysler dealership.

After discussion, Mr. Andrade requested that Mrs. McKenney research the timeline of the issues and any related correspondence. The Board agreed they would consider referring the matter to Nitsch Engineering if necessary.

Attorney Brennan noted another parcel has been under lease by the dealership since September 2007, and on September 4, 2007, the Board of Selectmen expanded the dealership’s license to include that parcel. No action was taken. The matter was continued to October 23, 2008, 6:10 p. m.

6:20 p.m. - Whippoorwill Estates (off Locust Street): Wayne Roach, Project Manager, and Bobby Hearn, appeared before the Board on behalf of Intoccia Construction to discuss Whippoorwill Estates bond reduction. Correspondence dated October 9, 2008, was received from Attorney Robert A. Shelmerdine, Sharon, MA, requesting the bond reduction. Correspondence dated September 23, 2008, from Nitsch Engineering, and memo dated October 9, 2008, from Nitsch Engineering, were also received.

Upon questioning from Mr. Fountain, Mr. Hearn informed that after the final paving is done, the subdivision will be finished for Town Meeting acceptance. Mr. Roach noted that Phase I/II, Phase III and Phase IV were all 100% sold and built out, while Phase V, Cardinal Circle, is not yet done.

It was noted the Board is holding a Tripartite Agreement as surety for this subdivision so a reduction in surety funds by the Board will mean the bank will lower the lien they have with the applicant. After discussion, Board members agreed Mr. Fountain would discuss the matter with Attorney Shelmerdine. Mr. Fountain moved that pursuant to the September 23, 2008, Nitsch Engineering letter setting the project total construction cost estimate at $568,748, the Board will reduce the money held and secured by the Tripartite Agreement subject to review of paperwork submitted by Attorney Shelmerdine; second by Mr. Canto. Mr. Andrade noted there are three separate tripartite agreements in effect for the total $568,748. Vote was taken and the motion passed by unanimous vote (3). Mr. Fountain advised Mr. Roach to have Attorney Shelmerdine call him.

6:30 p. m. - 1253 Broadway - Abbreviated Site Plan Determination - Larry Silva, Silva Engineering, Bridgewater, MA, appeared before the Board to discuss a request for abbreviated site plan for 1253 Broadway. Property owner Richard Donato was also present. Mr. Silva described the property in question and explained Mr. Donato is the new owner and is proposing to renovate the residential property for use as a mortgage company, but there will not be a lot of alteration made to the site or existing structure.

Mr. Silva explained the changes will include an upgrade to the septic system because sewer is not available to the property; a handicap ramp will be provided; runoff control will be provided; there will be no increase in lighting; a sign will be located out front; and, applicant will go to Mass. Highway to discuss driveway issues.

Mr. Canto asked if a buffer will be needed. Mr. Fountain noted a 25-foot buffer may be needed in order to conform to zoning by-laws. Mr. Silva questioned the need for a buffer because the site is zoned business and the structure is existing. Board members agreed the site was zoned business but advised Mr. Silva that a buffer may be needed because the business site will abut residential property. Board members advised Mr. Silva to consult with the Building Inspector/Zoning Enforcement Officer for confirmation on the buffer.

Richard Donato informed the Board that he spoke with the Town Planner prior to purchasing the property and was told there were no issues with the site and that he also talked with the abutter to the property and the abutter informed him he did not want a buffer between the properties. Mr. Donato said he himself would like the buffer although the neighbor did not want it. Mr. Silva noted he also spoke with Mr. McCarthy who told him there were no zoning issues involved.

After discussion, Mr. Fountain moved to approve the request for abbreviated site plan review for 1253 Broadway with the possibility that review by Nitsch Engineering may be needed; second by Mr. Canto; motion approved by unanimous vote.

Mr. Donato asked the Board to explain the action they just took, and Mr. Andrade explained they agreed the plan could be submitted for abbreviated site plan process but a review of the proposal may be needed by Nitsch Engineering, and also that applicant should confer with the Building Inspector for a determination on the buffer zoning issue.

7:11 p. m. - General Business: 407 South Street East/Yukon Landscaping Site Plan - correspondence dated September 30, 2008, was received from Kenneth Bollin requesting final inspection to release funds for 407 South Street East. Memorandum dated October 8, 2008, was received from Nitsch Engineering. The Board noted a proper written request for a bond reduction and release of funds was needed. Mr. Fountain moved to reduce the surety bond for 407 South Street East to $1,950 per Nitsch Engineering October 8, 2008 correspondence subject to proper written request being received from applicant; second by Mr. Andrade; motion passed by unanimous vote.

Lot 5, Forge River Park - Memorandum dated September 19, 2008, was received from Nitsch Engineering regarding a previous request for bond reduction at Lot 5 Forge River Parkway. After discussion, it was agreed the matter will be forwarded to John Schmid for a re-review of the items remaining to be completed.

Correspondence dated September 24, 2008, received from Joe Cardoso, Bridge Street, Raynham, regarding Prospect Hill Preserve, a subdivision proposed for nearby Prospect Hill Street in Taunton. After discussion, Board members noted they had no concerns with the proposed subdivision at this time but will advise Mr. Cardoso to check with other Raynham Departments to see if they have issues or concerns.

Letter dated September 11, 2008, was received from Attorney David P. Frenette, Frenette & Dukess, regarding cancellation of Note and Mortgage being held by the Board as a condition of the special permit for Carriage Hill Estates. Attorney Frenette noted the $75,000 had been paid in full as agreed, and he requested the mortgage and promissory note be returned to the applicant.

Mrs. McKenney confirmed the town had received the $75,000. Mr. Fountain moved to release the note and mortgage as the Town has received the full $75,000 as required by the special permit for Carriage Hill Estates; second by Mr. Andrade; motion passed by unanimous vote (3).

Rolling Brook Estates - Correspondence dated September 19, 2008, received from John Schmid, Nitsch Engineering, informing Board members he conducted a site visit at Rolling Brook Estates and found there was one dead tree at the cul-de-sac. Mr. Andrade instructed the applicant be advised to replace the one tree and that no funds will be released until all trees are properly in place.

Correspondence dated October 8, 2008, was received from Charles Young, III, Brams, Young& Levinson, informing of Foreclosure Sale Notice for Carriage Hill Estates. After discussion, the Board agreed to forward the correspondence to Town Counsel and request his opinion on what the Board can do in this matter.

Correspondence dated October 1, 2008, was received from Attorney David T. Gay, Taunton, MA, regarding rezoning property off Carver Street. The Board agreed to forward the letter to the Rte. 138 zoning committee.