The Raynham Planning Board held a meeting on Thursday, January 14, 2010, at Raynham Veterans' Memorial Town Hall.
Members present: Daniel Andrade, Burke Fountain, Chris Gallagher, Russell Driscoll and Henry Ellis (6:20 p.m.)
Board members not present: (all present)
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
Mr. Andrade opened the meeting at 6:00 p. m.
6:01 p. m. - Judson Street Form A Plan: Gregory Bunavicz, P. E., Borderland Engineering, West Bridgewater, MA, presented the plan. Mr. Fountain informed the Board he had reviewed all the deed information since the last meeting. It was noted the Board had reviewed the plan at the previous meeting but it was withdrawn until further deed information was provided to the Board.
Mr. Gallagher moved to approve the plan entitled “Subdivision Approval Not Required Plan of Land In Raynham, Massachusetts,” prepared by Borderland Engineering, dated November 17, 2009; second by Mr. Fountain; motion passed by unanimous vote (four in favor, Mr. Ellis was not present). Mr. Gallagher endorsed the plan.
6:03 p. m. - Lincoln Woods: Developer Todd Hamilton appeared before the Board to discuss bond reduction for Lincoln Woods (located off Oak Street). John Schmid, P. E., Nitsch Engineering, was present and submitted a Construction Cost Estimate establishing a new bond estimate for Lincoln Woods. Mr. Schmid updated the Board on the remaining road work to be done. He noted the two cul-de-sacs in the subdivision were not yet finished, and the new bond estimate of $147,057.00 reflected the remaining work. Mr. Schmid noted he could not verify the bounds and monuments in place due to the snow covering but that he would deduct the value for those items from the cost estimate when he received a letter from a surveyor verifying their location.
Mr. Hamilton addressed the Board. He explained he dealt with Mr. McCarthy, the previous town planner, and Mr. McCarthy had asked him to finish the work at the subdivision with the exception of the two cul-de-sacs because Highway Superintendent Roger Stolte did not want them finished until all the houses were built. Mr. Hamilton stated he has a $96,000 bill due for the final paving work and the amount available for release over the new estimate will not cover the bill. Mr. Hamilton discussed that he felt the estimate is high, and he stated his objections to only being told today of the amount of Mr. Schmid's estimate. He noted the amount of bond advised by Mr. Schmid's estimate is well in excess of the actual amount he would need to finish the subdivision.
Mr. Schmid informed the Board he had been in contact with Mr. Hamilton about the amount of the bond.
Mr. Gallagher explained that the Board hires Mr. Schmid to produce the Construction Cost Estimate and the Board does not stray from his recommendations. Mr. Andrade noted the Board understood Mr. Hamilton’s position but they need to hold enough bond money in place to cover the unfinished work if necessary.
Mr. Gallagher stated the Board must respect the numbers and they will not adjust them. Mr. Fountain noted the numbers are taken from an official “means” book for road costs. (Mr. Ellis arrived at 6:20 p.m.)
There were no further comments or questions. Mr. Gallagher moved to release all funds in excess of $147,057.00 and to release the additional amount that Mr. Schmid determines for the cost of the bounds upon receipt of a letter verifying their location; second by Mr. Fountain; motion passed four votes in favor and Mr. Ellis abstained.
6:25 p. m. - Carriage Hill Estates: Michael and Janice Fruth, 50 Durham Drive, appeared before the Board to discuss concerns at Carriage Hill (located off King Street). They explained that the stormwater drainage is not flowing freely into a catch basin and water backs up around it. They noted the sidewalks and curbing are in place and there are no problems with those. They submitted photos showing water back up around the basin in question.
Mr. Schmid and the Board discussed the situation. It was agreed Mr. Schmid will contact developer Intoccia Construction and conduct a site inspection. It was noted the road has not been accepted yet. Mr. Andrade advised Mr. and Mrs. Fruth that the work may not be done until spring, and they said they understood.
6:32 p. m. - Karen's Way: Letter dated January 12, 2010, was received from developer Steve Hansen requesting reduction in bond being held for Karen's Way (located off Robinson Street). It was noted Mr. Hansen could not make tonight's meeting. Construction Cost Estimate letter dated January 14, 2010, was received from Nitsch Engineering. It was noted the project review account for Karen's Way was depleted and in need of funds, and Mr. Hansen has agreed to transfer some funds from the release portion of his bond to that account.
After discussion, Mr. Ellis moved to release all funds in excess of $34,000.00, the amount advised by Mr. Schmid's estimate, with $2,500 of the released funds deposited into the project review account for Karen's Way as requested by Mr. Hansen; second by Mr. Gallagher; motion passed by unanimous vote (5).
6:40 p. m. - Roger's Way Extension (located off North Main Street) public hearing was reconvened from December 10, 2009. Mr. Gallagher noted he was not present on December 10th, and he would participate tonight but not vote on the plan.
Attorney William Manganiello, Taunton, MA, appeared before the Board as petitioner's representative, along with Frank Ribelin, surveyor. Attorney Manganiello updated the Board on the matter, noting that at the last meeting, the Board asked that the plan show the end of the existing pavement and a turnaround among other things. He noted presently there is gravel and dirt over the existing pavement on Roger's Way.
Mr. Ribelin discussed the revised plan and informed the Board the proposed driveway will be used as a turnaround. Attorney Manganiello noted the fire department has reviewed and approved the plan.
Mr. Andrade stated the Board had been told there would be a “wishbone” for the turnaround. He noted the turnaround should be parallel to the road.
Mr. Ribelin suggested widening the area opposite the driveway to supplement as turnaround area. He explained there were ditches on the same side of the road as the driveway and the Conservation Commission wants to protect that area. Mr. Andrade noted there was no previous mention of a steep embankment that would prevent a turnaround.
Mr. Ribelin stated there was more room to work with on the opposite side of the driveway and also they were trying to work with Conservation Commission.
Mr. Andrade stated suitable access and safety is needed. Mr. Fountain noted a decent road and access is needed along with a safe turnaround.
Brian Duvalle addressed the Board, identifying himself as the potential house builder. He stated he thought he would be seeing a “hammerhead” turnaround detailed on the plan. He asked if using a portion of the driveway for the turnaround was acceptable. Mr. Andrade stated yes but the turnaround must be usable.
Attorney Manganiello asked the Board to approve the plan as presented with the understanding that a turnaround/hammerhead will be put on the plan as discussed. Mr. Andrade stated no. He stated he wanted the plan to show that the turnaround will be suitable for the public not just the Board. Board members agreed.
The Board, Attorney Manganiello and Mr. Ribelin further discussed using a “hammerhead” turnaround.
Proposed Certificate of Action conditions were discussed. Applicant agreed to provide the “hammerhead” on the plan.
The public hearing was then continued to January 28, 2010, 6:15 p. m.
7:20 p. m. - Ryan Iron site plan (1828 Broadway): The public hearing was reconvened from December 10, 2009. Shane Oates, P. E., Coneco Engineers, appeared before the Board along with applicants Lawrence Kelly and Mr. Shea. (Mr. Ellis left the meeting at 7:21 p. m.) Site plan review letter, dated January 13, 2010, was received from Nitsch Engineering. Response letter, dated January 14, 2010, was received from Coneco Engineers.
Mr. Oates reviewed the revised plan for the Board. He noted the project will be built in three phases and the applicants are seeking a refund on the two phases that will not being built for five to six years. Mr. Andrade and Mr. Gallagher noted the Board understood the reason for the fee refund and had previously agreed to consider it.
Mrs. Whalley noted that Conservation Commission approval on the plan would expire in three years. Mr. Gallagher noted a special permit for parking reduction could lapse and applicants may need to reapply when ready to build the other phases.
Mr. Andrade said the Board was very familiar with the site, and they were pleased to see the improvements made. He noted there still seemed to be many issues with the current plan.
Mr. Schmid noted the site has challenges and Mr. Oates is working with wetland and stormwater regulations that have recently changed. Mr. Schmid reviewed Mr. Oates' January 14th response letter for the Board. Mr. Schmid suggested the applicant not seek a special permit for parking reduction until later in case it is not needed.
Mr. Oates noted there could be a problem with the parking configuration due to the way the project will be built out but he advised the applicant will consider Mr. Schmid's advice. Mr. Kelly spoke to the issue of parking, explaining why a parking reduction may be needed.
Mr. Schmid continued his discussion of Mr. Oates' letter. He tabled the drainage comments to a later meeting date. He noted that besides the drainage issues, most other items with the plan are okay at this time.
Board members agreed they were satisfied with the plan to date. The public hearing was continued to February 25, 2010, 6:30 p. m.
7:50 p. m. - Atlantic Fence Supply, 1440 Route 44, abbreviated site plan public hearing was opened. Mr. Gallagher read the hearing notice. Dave Adrian and Wayne Cobb were present for Atlantic Fence Supply.
Mr. Gallagher noted the plan seems to have made only minor changes to the former site of Jimmy's Suzuki dealership, and he was glad to see the use. He noted there was no change in impervious surface on site, the parking is sufficient and the only addition is fencing around the site.
Mr. Adrian submitted photos of the fencing, which will be 10 feet high with lattice top and gated. He stated there will be no inventory higher than 12 feet along the fencing as requested by the Board. Mr. Adrian noted he spoke to the building commissioner and was told the parking spots being provided were sufficient for the use.
Mr. Andrade spoke about the site lighting and noted it is excessive. Mr. Adrian said they are only tenants at the space but their intent is to keep the lights down but in the future Rodman's may be returning a car dealership to the site. Mr. Cobb stated the lighting can be reduced by simply removing light bulbs although they do not own the property. Mr. Adrian suggested leaving the front lights on and not illuminating the back storage.
Mr. Adrian noted the parking area for consumers is striped. He discussed the security gate to be in place. Mr. Fountain suggested wording in the Certificate of Action that there be no increase in lighting. Mr. Gallagher noted the submittal brief stated no changes are being made.
Mr. Adrian stated they have no intent to change anything except to add awnings.
After discussion, Mr. Gallagher moved to approve Atlantic Fence Supply abbreviated site plan as amended and presented; second by Mr. Fountain; motion passed by unanimous vote (4). Certificate of Action will be issued.
8:10 p. m. - Town Planner Update: Mrs. Whalley noted she sent final copies of the Housing Plan to all Board members for their review. She asked that they vote on the final plan. Mr. Gallagher moved to approve the final draft of the Housing Plan; second by Mr. Fountain; motion passed by unanimous vote (4).
Memorandum dated December 28, 2009, was received from Town Planner Marilyn Whalley regarding a proposed Pine Street zoning amendment. She discussed the Memorandum. After discussion, the Board and Mrs. Whalley agreed to continue working on the amendment.
General Business: Minutes of December 10, 2009 were received. Mr. Fountain moved to waive the reading and accept as submitted; second by Mr. Andrade; motion passed by unanimous vote (4).
Letter dated January 14, 2010, was received from Mr. Gallagher requesting the Board consider changing meeting nights from the second and fourth Thursdays of the month to the first and third Thursdays so he can continue serving on the Board. Mr. Gallagher explained his job as Sewer Superintendent requires him to attend Sewer Commission meetings on the second Thursday of each month. After discussion, Board members were agreeable to the request. The matter was tabled until all Board members are present to vote.
There was no further business and the meeting ended at approximately 8:45 p. m.
Christopher J. Gallagher, Clerk
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