Town of Raynham, MA - Planning Board Minutes November 17, 2009

The Raynham Planning Board held a special meeting on Tuesday, November 17, 2009, at Raynham Veterans’ Memorial Town Hall. Vice-Chairman Burke Fountain opened the meeting at 6:03 p. m.

6:04 p. m. - Foxwoods Subdivision (located off Carver Street): Letter dated November 11, 2009, was received from developer Brian Mulligan requesting reduction of the surety bond being held for completion of Foxwoods. A Construction Cost Estimate, dated November 11, 2009, for Foxwoods was received from Nitsch Engineering.

Mr. Mulligan appeared before the Board to discuss the matter. He noted he felt the $60,000 Construction Cost Estimate from Nitsch was high considering what the actual amount of remaining work, and he felt there is, at best, only $20,000 worth of work to be done. Mr. Mulligan noted $12,500 was being held for road maintenance and $12,400 was estimated for the as-built plan, both of which he said could be done for less money.

Mr. Andrade noted the Board usually abides by the Nitsch estimates and it is possible the estimated amount could be needed if the Town had to finish any work. Mr. Gallagher agreed and noted Nitsch Engineering is paid to generate the estimates and the Board goes by what they submit.

Mr. Mulligan explained that he has donated $15,000 worth of work to the Town for off site improvements after the Foxwoods subdivision plan was approved in a good faith effort to work with the Town, and the off-site work was completed almost two years ago. Mrs. Whalley informed the Board all the off site work was done to Highway Superintendent Roger Stolte's satisfaction.

Mr. Andrade stated the Board could not reduce the surety bond to $20,000. Mr. Mulligan reminded the Board they are still holding two of his lots. Mr. Gallagher noted the Board could release the lots when requested by Mr. Mulligan.

Mr. Mulligan explained that his bank is withholding additional funds from him based on the tripartite amount, and he is hoping to get those funds released by the bank. The Board noted that was between Mr. Mulligan and his bank and did not affect the tripartite agreement with the Town.

Mr. Andrade stated he could consider reducing the tripartite amount to $45,000. After discussion, Mr. Gallagher moved to reduce the tripartite agreement being held by the Town to $45,000 and to release all funds over that amount; second by Mr. Fountain; motion passed by unanimous vote. Mr. Mulligan stated he will submit a Form J to have his two lots released.

6:20 p. m. - Ryan Iron Site Plan public hearing was reconvened. Request for continuance was received from Shane Oates, P. E., Coneco Engineers & Scientists. After discussion, the Board continued the public hearing to December 10, 2009, 6:15 p. m.

6:21 p. m. - Munro Electric Site Plan: Attorney William Rosa, Wynn & Wynn, Raynham, MA, appeared before the Board along with Rich Riccio, P. E., Field Engineering, to discuss Munro Electric site plan. Attorney Rosa noted the building was constructed 10 years ago on Commercial Street,~and a site plan for an addition to the building was approved by the Board but it was never built because there were outstanding issues from the original site plan.

Attorney Rosa updated the Board on the status of the site, noting that since October 2008, the applicant has been before the Conservation Commission in an effort to complete the issues of the first site plan. He noted all but two improvements were made according to the original plan, and he asked if the Board would consider a plan modification for two improvements not done according to plan.

Mr. Andrade asked why this work is being done now. Attorney Rosa explained that the Building Commissioner had issued a cease and desist order a while ago, and the applicant wants to be a good neighbor and clear up the issues.

The Board and Attorney Rosa discussed site parking. Attorney Rosa noted 51 spaces were approved on the plan ten years ago but time has shown that the 38 spaces provided on site have been adequate. It was noted there is available space on site to add parking if it is needed at a later time.

Attorney Rosa explained another outstanding issue is the current location of the curb cut. Mr. Riccio noted it is 50 feet closer to Richmond Street than what is shown on the plan.

After discussion, Board members agreed they had no problem with the proposed modifications for parking and curb cut. Attorney Rosa stated the applicant will be submitting a plan with the modifications in the near future.

6:34 p. m. - Mill Pond Definitive Subdivision Plan (located off Mill Street) – Developer James Williams, Mill Street, appeared before the Board to update on the status of the subdivision plan. Mr. Williams explained the plan has been delayed due to issues with Natural Heritage and Endangered Species Program. Mr. Williams submitted and discussed “Mill Pond Chronology Since Def. Plan Filed,” which detailed ongoing issues with the plan.

Mr. Williams requested an extension of time-to-act for the plan so all the outstanding issues can be resolved. Mr. Fountain moved to extend the time-to-act for Mill Pond by one year; second by Mr. Gallagher; motion passed by unanimous vote.

General Business: Minutes of September 24, 2009 were received. Mr. Fountain moved to waive the reading and accept the minutes as submitted; second by Mr. Gallagher; motion passed by unanimous vote.

Town Planner Update: Mrs. Whalley informed the Board that the Raynham Economic Business Development Commission is taking up the issue of amending the sign by-laws. She stated she will be attending the Commission’s meeting on proposed amendments. After discussion, the Board agreed they will review the sign by-law amendments when they are submitted to them.

A “Notice of Tax Taking” was received. Mrs. Whalley informed the Board that on December 10, the Treasurer will be taking property in Whippoorwill Estates for nonpayment of taxes.

General Business: Letter dated October 6, 2009 was received from Randall Buckner, Town Administrator, requesting the Board's recommendation on acceptance of roads within Whippoorwill Estates and Carriage Hill Estates. An As-Built Review, dated October 2, 2009, was received from Nitsch Engineering regarding the status of Whippoorwill Estates. As-Built Review, dated October 7, 2009, was received from Nitsch on the status of Carriage Hill Estates.

Letter dated September 28, 2009, was received from Chris J. Gallagher, P. E., Sewer Superintendent, informing the Board the Sewer Commission has outstanding issues with Carriage Hill and Whippoorwill Estates. Mr. Gallagher noted there are sometimes outstanding sewer issues that get overlooked before a road is accepted by the Town.

After discussion, Mr. Fountain moved that pursuant to the Nitsch Engineering As-Built Reviews, dated October 2, 2009, for Carriage Hill and October 7, 2009, for Whippoorwill Estates, and other engineering issues, the Board not recommend Town acceptance of the roadways; second by Mr. Gallagher; motion passed by unanimous vote. Letter will be sent to the Board of Selectmen.

6:57 p. m. - Lincoln Wood Subdivision: Mrs. Whalley informed the Board she spoke to developer Todd Hamilton today, and he informed her he was upset to find out after the fact that an inspector was needed at the asphalt plan for inspection of material before road paving begins. Mrs. Whalley noted that John Schmid informed her he had previously advised Mr. Hamilton of the requirement.

Mrs. Whalley noted that Highway Superintendent Roger Stolte will be requesting boring tests be done since an inspector was not at the plant for inspection. After discussion, it was agreed the matter will be researched and that, if needed, the requirement should be on a checklist for developers to avoid problems in the future.

The Board discussed the fact that there are funds, which were donated to the Town by Ron Turowetz, developer of Finch Farms, being held by the Town for road improvements on Leonard Street. It was noted the funds cannot be used for another purpose unless agreed to by the developer who donated them because they were specifically earmarked for the road improvements. Mr. Gallagher suggested the Board consider approaching the developer and asking him to consider allowing the Town to use the funds for other purposes in exchange for returning a portion of the funds. Mr. Gallagher suggested the funds could be used for improvements to the wall at Johnson’s Pond. During discussion, it was noted any change in use of the funds must go through Town Meeting. (7:12 p. m. - Mr. Gallagher left the meeting.)

General Business: Mr. Fountain informed the Board there are still signs missing at Rockland Trust site even though the Board informed the owner of the plaza by letter to replace the signs. After discussion, it was agreed to send another letter to the owner instructing all the signs be replaced.

The Board inquired as to the status of rezoning on Pine Street. Mrs. Whalley advised she is researching the matter and has not yet heard from the homeowner who was interested in rezoning.