The Raynham Planning Board held a meeting on June 25, 2009 at Raynham Veterans’ Memorial Town Hall.
Board members present: Burke Fountain, Chris Gallagher and Russell Driscoll
Board members not present: Daniel Andrade, Henry Ellis
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
Mr. Fountain opened the meeting at 6:04 p.m.
6:05 p. m. - Village at Foxwoods (located off Carver Street) – Letter dated June 9, 2009, was received from Brian Mulligan, L & M Custom Builders, Inc., regarding completion of Foxwoods. Mr. Mulligan appeared before the Board and updated them on the status of the subdivision. He noted there are five lots built out in the eight lot subdivision, and he wants to finish the road before the remainder of the lots are all sold in order to get the bond released and expedite sale of the remaining lots. Mr. Mulligan noted he has $180,000 in surety funds remaining and two lots were held back from release by the Board. He said he hopes to finish the work in two weeks.
Mr. Mulligan asked if he could complete the subdivision even though all the houses have not been constructed. The Board advised Mr. Mulligan they understood his need to finish the road, and although they did not like that type of situation, they could not stop him from finishing the road before all the lots are built. The Board advised Mr. Mulligan to be careful not to damage the road and curbing once it is completed and to stay in touch with the Planning Board office to request timely road inspections.
6:10 p. m. - Form A Plan, North Main Street – Attorney Bentley, Taunton, MA, appeared before the Board on behalf of Raynham Center Water District (RCWD) and presented a Form A plan for land off North Main Street that was part of Jess Marie Estates. Attorney Bentley explained that RCWD is obtaining land from the abutting Jess Marie estates property in order to accommodate the 400 feet radius for the new well site.
After review of the plan, Mr. Fountain moved to approve the plan entitled “Plan of Land Site: Assessor’s Map 5, Lot 48 North Main Street Raynham, MA Prepared for Stantec Consulting Services, Inc.,” prepared by Silva Engineering Associates, P. C., Bridgewater, MA, dated February 9, 2009; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher moved to waive the filing fees for the plan presented by RCWD; second by Mr. Fountain; motion passed by unanimous vote. The plan was signed.
Mark Peterson, developer of Jess Marie Estates, addressed the Board and explained that sloped granite curbing is on the approved plan for Jess Marie Estates. He asked that in light of the current market and the cost of the granite, that the plan be modified to allow Cape Cod berm instead of the granite. Mr. Fountain stated that is unlikely since the highway department prefers the granite curbing because of maintenance issues.
6:15 p. m. - Request for abbreviated site plan for Raynham Center Water District (RCWD) – Tom Minahan, Stantec Engineering, appeared before the Board along with Rebecca Jenkins, Stantec, and William Ward, RCWD Superintendent, and John Dolan, RCWD Commissioner.
Mr. Minahan presented a proposed site plan and reviewed it for the Board, noting the following: the district will be submitting a site plan for the Fountain well treatment plan; the project has been approved by DEP; over 1 million gallons of water per day will be produced from the facility; the facility is out of the wetland buffer; the new facility will be 150 feet off North main Street; the building will be approximately 52,000 square feet and one story; extensive site work will be done; there will be no building at the well site itself; the existing gravel cart path will remain; there will be underground utilities; the only pavement will be the driveway to the facility; there will be two parking and one handicap parking spots; the landscaping will not be extensive; and, this facility is very similar to
the other RCWD facilities and the new North Raynham Water District facility.
After his presentation, Mr. Minihan requested the Board's approval for an abbreviated site plan.
Mr. Fountain asked about the landscaping and lighting to the north of the facility. Mr. Minihan noted there is no site lighting proposed. Mr. Ward stated the district could put in additional trees to further screen the facility. Mr. Fountain stated he had no problem with the plan if it was similar to the other existing water district facilities.
Mr. Fountain moved to approve the request for Abbreviated Site Plan for the proposed RCWD treatment facility; second by Mr. Gallagher; motion passed by unanimous vote.
6:30 p. m. - Whippoorwill Woods subdivision (located off Locust Street): Mike Kramer, 117 Whippoorwill Road, along with several other residents of the subdivision, appeared before the Board to discuss conditions at Whippoorwill Woods. Mr. Kramer presented photographs of the existing road, sidewalk and driveway pavement. He explained that there is a 1 ½ inch drop between the road pavement and the driveways and sidewalks that is causing safety concerns for his and other children playing in the subdivision. A petition expressing concern about condition of Whippoorwill Woods, signed by residents of Whippoorwill Drive and Pheasant Lane, was also submitted.
During discussion, it was noted there are 60 lots in Whippoorwill Woods and 30 of those lots are currently built out. Mr. Kramer noted that three phases of the project are done and there is presently not much construction going on in the subdivision, and he was concerned because the developer is not active in Whippoorwill but he is doing work in Carriage Hill estates off King Street.
Mr. Gallagher viewed the pictures and noted it looked as if no topcoat was on the roadway. He explained the usual process for topcoating. Mr. Kramer informed that the road had been topcoated. Mr. Gallagher noted it was odd that the driveways were not topcoated at the same time.
It was noted the subdivision roads have not been accepted by the Town and are still private roads.
The Board explained to Mr. Kramer and the others present about the surety bonding process and the inspection process that occurs before surety funds are released back to a developer. The Board explained it is a difficult process to get insurance companies to release surety funds if a development is found in default.
The Board noted that residents take a certain risk when buying into a private, uncompleted subdivision. Several residents explained the situation is not what they bought into, and they are concerned with the safety of the children in the neighborhood due to the paving and drop-off at driveways and sidewalks. They noted several children have had mishaps when bike riding and playing. The stated the situation is deplorable.
The residents noted they have tried on numerous occasions to reach developer Michael Intoccia but he has not responded to their calls and letters.
The Board advised that the developer must properly complete the roads before they can be accepted by the Town and before all surety funds are released. It was noted that some funds have been released but there are still funds being held with separate bonds for each phase.
Residents also noted there is trash being dumped by nonresidents of the subdivisions alongside construction stockpile trash from the developer.
Mrs. Whalley suggested that John Schmid verify the work that has been done on the road to date. She suggested the residents advise Mr. Intoccia in writing of all their complaints. She noted as a group they have power as potential litigants. It was also suggested the residents call the police about the trash dumping and call TMLP about concerns they have with electric issues.
After discussion, the Board agreed to research the Certificate of Action for Whippoorwill to determine the time-to-act for completion of the subdivision and to determine how to proceed. Mr. Gallagher stated he will make a phone call to help the residents.
7:10 p. m. - Town Planner Update: Mrs. Whalley distributed copies of a questionnaire being sent to all town departments and Board in order to obtain their input relating to The Raynham Community Development Strategy. She noted the Development Strategy is needed as part of the process for potential bloc grants.
Mrs. Whalley advised the Board that she and Mr. Gallagher reviewed the five RFP submittals for the project review engineer contract. She noted they narrowed the selection down to two finalists, Nitsch Engineering and Beals and Thomas. She explained that after the finalists were selected, their fee proposals were opened. She and Mr. Gallagher agreed the fees were very comparable. Mrs. Whalley suggested the two finalists appear before the Board for discussion, and Board members agreed to that. Mrs. Whalley will contact the firms.
General Business: Minutes of May 14, 2009 were received. Mr. Fountain moved to waive the reading and approve as submitted; second by Mr. Gallagher; motion passed by unanimous vote.
Correspondence was received from Town Accountant Janice Boucher advising that “open article” funds for current and prior fiscal years must be carried forward to the next fiscal year if the funds’ purpose has not been fulfilled. After discussion, the Board agreed to inform Mrs. Boucher to carry over the Planning Board funds.
Letter dated June 25, 2009, was received from Town Counsel Marc Antine, regarding his review of the “Performance Secured by Lender’s Agreement for George Estates.” After discussion, the Board agreed to forward Attorney Antine’s correspondence to Joe Arruda, developer of George Estates, so he can make the necessary changes to the Agreement.
Letter dated June 2, 2009, from Hayward-Boynton & Williams, was received regarding Mill Pond subdivision (off Mill Street). The letter updated the Board on the status of the subdivision submittal. No action was taken.
Letter dated June 5, 2009, was received from Mark F. Perron, Trustee, Brook View Realty Trust, requesting reduction of surety funds for Aspen Hollow subdivision (located off North Main Street). Construction Cost Estimate, dated June 24, 2009, was received from Nitsch Engineering, establishing that $139,307.00 be held as surety for completion of the road. The Nitsch correspondence was discussed. It was agreed to forward the correspondence to Mr. Perron and advise him to take care of the outstanding items mentioned.
After discussion, Mr. Fountain moved to release all surety funds over the amount of $139,307.00 upon completion of the items on the Nitsch Engineering correspondence dated June 24, 2009, and after inspection and favorable approval from Nitsch Engineering that the items have been satisfactorily completed; second by Mr. Gallagher; motion passed by unanimous vote.
The Board and Mrs. Whalley discussed industrial zoning, mixed-use zoning and zoning in the Pine Street area. Mr. Fountain noted Pine Street is a good area for allowing industrial or business activities with owner-occupied residence. After discussion, it was agreed Mrs. Whalley will research uses in the Pine Street area and report back to the Board.
There was no further business and the meeting closed at 7:55 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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