The Raynham Planning Board held a regular meeting on Thursday, December 10, 2009, at Raynham Veterans' Memorial Town Hall.
Board members present: Daniel Andrade, Burke Fountain, Russell Driscoll and Henry Ellis (6:30 p.m.)
Board members not present: Christopher Gallagher
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
Mr. Andrade opened the meeting at 6 p. m.
6:00 p. m. - Discussion with Highway Superintendent Roger Stolte: Mr. Stolte appeared before the Board to discuss the Town snowplowing on roads in unfinished subdivisions. He noted the Town has been plowing Kings Estates, and their snowplow account has been depleted and the developer is delinquent in paying the invoices incurred for plowing.
Mr. Andrade stated the Board is aware of the situation. He noted the Town can continue asking for payment, and if payment is not received, the Board will keep an accounting of all the unpaid invoices for snowplowing services.
Mr. Stolte asked if the Board can stop further development at this subdivision and others that might be in the similar situation. Mr. Andrade explained the developer can continue building if the lots are released and there is a road surety bond in place. He noted there is a surety bond in place for Kings Estates so the Boards hands are tied because they cannot call in the road bond at this point.
Mr. Stolte suggested getting Town Counsel involved in the matter. Mr. Fountain asked what the Selectmen’s position is regarding snowplowing on unaccepted roads. Mr. Stolte stated he was not sure.
Mrs. Whalley noted the Town could possibly be culpable if there are safety issues with unplowed roads. Mr. Fountain stated the issue of plowing unaccepted roads is between the Selectmen and Mr. Stolte rather than the Planning Board.
The Board agreed to consider requesting additional snowplowing funds from developers in the future. Mr. Stolte informed the Board there was an issue in Whippoorwill Estates this past week when a school bus became stuck in the snow due to poor plowing.
After discussion, Mr. Stolte agreed to discuss the matter further with the Selectmen.
During brief discussion of Whippoorwill Estates, it was noted there are funds in the snowplow account but there are unpaid taxes due the Town from the developer. The Board discussed whether or not they could refuse to release additional lots in the subdivision if there are taxes owed to the Town.
After discussion, the Board agreed they will compile a list of subdivisions with outstanding snowplowing invoices owed the Town.
6:23 p.m. - Atlantic Fence Supply Site Plan – Mr. Dave Adrian and Mr. Wayne Cobb of Marwood, a Canadian-based manufacturing company, appeared before the Board to discuss a proposed site plan for Atlantic Fence Supply, a Marwood Company, at 1440 Route 44, the former site of Jimmy's Suzuki dealership.
Mr. Adrian stated Atlantic Fence Supply manufactures wood products, including fencing. He explained Marwood has chosen the Raynham site as the location of their first operation in the United States. Mr. Adrian explained Atlantic Fence Supply will operate a fence fabrication and retail/wholesale business at the site.
Board members and Mr. Adrian reviewed the proposed plan. They discussed site parking and outside storage. Mr. Adrian noted they are leasing the site and there will be no changes to the existing structure. (Mr. Ellis arrived at 6:30 p.m.)
Mr. Adrian requested that his submittal be approved for abbreviated site plan process. After discussion, the Board agreed to an abbreviated site plan for Atlantic Fence Supply.
6:36 p. m. - Form A – Judson Street – Gregory Bunavicz, P. E., Borderland Engineering, West Bridgewater, MA, appeared before the Board with a Form A plan to create one new lot from a larger parcel on Judson Street. During discussion of the plan, Board members had concerns with ownership of the land and the estate papers submitted. They asked for a more current deed than the one presented. Mr. Bunavicz advised the Board he could not answer their questions. After discussion, Mr. Bunavicz asked to withdraw the plan without prejudice. The Board voted unanimously to allow the plan withdrawn without prejudice.
6:46 p. m. - Roger's Way Extension Definitive Subdivision Plan public hearing was opened. Mr. Ellis read the hearing notice.
Attorney David Gay, Taunton, MA, and Attorney William Manganiello, Taunton, MA, appeared before the Board on behalf of applicant, Frederick Leroy, Mill Pond Realty Trust. Attorney Gay explained the plan, noting the proposed one-lot subdivision is located off Roger's Way. He noted the beginning of Roger's Way is public roadway and the second half is a private road, and a portion of the private road will be deeded to Mill Pond Realty Trust for frontage purposes. Attorney Gay informed the Board that the larger parcel shown on the plan (32 + acres) will be deeded as conservation restriction land.
Attorney Gay noted the intention is not to pave Roger's Way any further unless the Town wants that done. He stated the subdivision road will remain private.
Karl Wells, 169 Katherine's Way, abutter to the locus property, addressed the Board. Mr. Wells and the Board discussed ownership of Roger's Way. Mr. Wells noted that development of this property has been before Boards several times after he was told that there would be no further development on Roger's Way.
Attorney Steve Strojny, representing Mr. Wells, addressed the Board. He advised the Board that essentially the same plan had recently been before the Board of Appeals for a variance for lack of frontage and the variance was denied. He stated the Planning Board should respect the Board of Appeals' decision. He noted that decision is in court now and should be played out.
Mr. Fountain stated that if Roger's Way was built to Town standards, the Board could not deny the project. Attorney Strojny noted that easement language for Roger's Way states there is to be no pavement further than the existing point.
Attorney Gay stated the Form C application and plan are an alternative to the variance, not a way around the bylaws.
Mr. Andrade stated that the Board has always said a subdivision could be built on a private way if there is sufficient access provided and the existing roadway is improved to the property line. He noted that if improvements are made, they should include a turnaround.
Mr. Ellis questioned if the applicant would be okay with a private paved road. He also noted any road improvement must be done to H-20 standards. He noted he was more concerned with safety than pavement.
Mr. Andrade asked if anyone present had any questions or comments.
Attorney Strojny asked that if the Board were to approve the plan with conditions, the conditions specifically indicate what is meant by paving. He stated the Board could not grant the application without negotiating the impact to his client, Mr. Wells.
Mr. Andrade noted the plan is before the Board for adequate access on a private way, and he believes it has that but he wants pavement and wants it approved by the highway superintendent and the fire chief for safety.
Mr. Fountain stated he was concerned that this would become a situation similar to Tearall Road where the road is being continually developed by individual land owners. He noted it may not be possible here because the only other land owners are Wells and Lafleur.
Mr. Fred Leroy, owner of the locus property, addressed the Board. He stated there will never be other houses after this piece of land is developed because there are wetlands so it will be impossible. He noted the proposed house will be built on a six-acre hill.
Bill Wisz, North Main Street, addressed the Board. He questioned how Mr. Leroy's land could be built on if it is wetlands. Attorney Gay explained there is an access easement from the Conservation Commission to the proposed house site. He indicated on the plan where the proposed house will be located. Mr. Wisz stated he was concerned that there be only one house.
Mr. Wells asked if there will be language limiting the site to one house. Board members answered yes. Mr. Wells noted the access easement granted to the Town contained language stating the emergency access will not be paved.
Mr. Fountain stated that with some improvements to the road, there could be adequate access to the property.
Attorney Strojny noted the matter is still open with the Conservation Commission.
Mr. Andrade stated he wants the road paved and if it is currently paved, he wants it fixed to meet Roger Stolte's and the Fire Chief's needs. He noted there should be a turnaround with a driveway wide enough to turn in.
Mr. Ellis stated he wants the potholes fixed.
After discussion, public hearing for Roger’s Way Extension was continued to January 14, 2010.
7:55 p.m. - Ryan Iron site plan, Rte. 138, public hearing was reconvened. Request for continuance was received from Shane Oates, P.E., on behalf of the applicant. After discussion, Ryan Iron Site Plan public hearing was continued to January 14, 2010, 6:35 p. m. An extension of the Board's time-to-act will be requested from applicant.
8:00 p. m. - General Business: Minutes of November 17, 2010 were received. Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Andrade; motion passed by unanimous vote.
Town Planner Update: Mrs. Whalley informed the Board the Town was awarded funds from SRPEDD in conjunction with the South Coast Rail program for a market and fiscal analysis of land uses at the dog track property and surrounding parcels on Rte. 138. The study will consider uses with and without the rail. Mrs. Whalley recommended a Planning Board member be involved in the matter. Board members will ask Mr. Gallagher to participate.
Mrs. Whalley informed the Board the Housing Plan is completed, and she will be sending it to the Selectmen after the Board formally approves it. She will send the final draft to Board members so they can vote on it in January.
Mrs. Whalley discussed rezoning on Pine Street. She noted she has not been able to find any zoning by-laws that address mixed use, and she had no recommendation for the Board on the matter. Mr. Fountain suggested the Board could consider allowing single-family houses in an industrial zone. Board members and Mrs. Whalley agreed to consider that further.
Mrs. Whalley asked if the Board would consider changing their meeting nights from the second and fourth Thursdays each month to the first and third Thursdays in order to accommodate Mr. Gallagher, who is not able to attend meetings on the second Thursday because his job requires he attend Sewer Commission meetings on that night. The matter was tabled for further discussion.
There was no further business and the meeting adjourned at 8:25 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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