The Raynham Planning Board held a regular meeting on Thursday, January 28, 2010, at Raynham Veterans’ Memorial Town Hall. Chairman Daniel Andrade opened the meeting at 6:04 p. m.
Board members present: Daniel Andrade, Burke Fountain, Henry Ellis (6:15 p. m.), Christopher Gallagher and Russell Driscoll
Board members not present: (all present)
Staff present: Town Planner Marilyn Whalley; Administrative Assistant Maureen McKenney
6:05 p. m. - Jess Marie Estates: Michael Peterson, Easton, MA, developer of Jess Marie Estates (off North Main Street), appeared before the Board to discuss the status of the subdivision. Mr. Peterson submitted a letter, dated January 28, 2010, requesting waivers and a release from covenant for Lots 3 and 4 in Jess Marie Estates.
Mr. Peterson explained the Board granted a special permit for this open space subdivision in 2008, and he is now beginning construction on the road so the special permit will not expire. He noted one house lot in the subdivision has been sold. Mr. Peterson informed the Board that Nitsch Engineering conducted a site visit to inspect the work done to date and also that he has talked to Highway Superintendent Roger Stolte.
Mr. Peterson noted the Board had approved the plan with sloped granite curbing on both sides of the road. He then requested a waiver of the sloped granite curbing on the right side of the road and a waiver to not plant street trees on the right shoulder of the road up from the intersection of North Main Street to the entrance of the first driveway at Lot 5. Mr. Peterson explained the first driveway is 400 to 500 yards from the intersection of North Main Street and there is plenty of natural vegetation until the driveway. Mr. Peterson spoke to the issue of turtles on the site, which had been a concern of Natural Heritage. He explained that other towns have eliminated granite curbing in place of Cape Cod berm so that slopes in the curbing can be made for the turtles to utilize as
crossings.
Mr. Gallagher stated it is too early to release street trees from Nitsch’s estimated cost. He noted the Board had already said no to a previous request by Mr. Peterson for a change in curb material. Mr. Peterson said he spoke to Mr. Stolte regarding the curb change, and Mr. Stolte indicated he was okay with it.
Mr. Fountain and Mr. Gallagher suggested tabling the matter. Mr. Peterson said he was agreeable to that as he was not looking for answers right away. Mr. Gallagher noted most of the issues raised by Mr. Peterson were within the Board's jurisdiction.
Mr. Peterson and the Board discussed surety bonds and lot releases. Mr. Peterson asked if it is possible to deed lots to the town in lieu of bonding. Board members informed him that was never done.
Mr. Gallagher stated the Board cannot waive regulations even when the economy is difficult. He noted the project was approved five years ago and the Board will be sticking to the rules in place.
Mr. Peterson questioned how lots get released. Mr. Andrade explained the project can be bonded in its entirety at this point or Mr. Peterson can complete sufficient work to reduce some of the bonding items.
Mrs. Whalley read into the record an e-mail, dated January 27, 2010, from Conservation Commission Agent Erika Euberbacher regarding RDA filings for the subdivision.
Mr. Peterson again spoke of eliminating trees on the right side of the road. Mr. Andrade stated it is too early for the Board to decide that issue. Mr. Peterson stated he needs to finish the road quickly.
Board members agreed to forward Mr. Peterson's January 28 letter to Roger Stolte for his response.
A tri-partite agreement was explained to Mr. Peterson as a bonding option.
No action was taken by the Board on the waiver requests.
6:28 p. m. - Atlantic Fence Supply site plan: Wayne Cobb appeared before the Board on behalf of Atlantic Fence Supply, which will be locating at 1440 Route 44 (former Jimmy's Suzuki site). Mr. Cobb explained that a 117 square foot sign for Atlantic Fence will be erected on the front of the building, and, according to Raynham Zoning By-laws, because the sign exceeds 80 square feet in size, it needs approval from the Planning Board. Mr. Cobb explained the sign will consist of lettering on clear plexiglass-type material. He submitted a detail sheet of the proposed sign.
Board members reviewed the sign detail. After discussion, Mr. Gallagher moved to approve the proposed sign, which exceeds 80 square feet, as shown on the detail plan; second by Mr. Ellis; motion passed by unanimous vote. Letter recommending approval of the sign will be sent to the building department.
6:33 p. m. - Roger's Way Extension: the public hearing was reconvened. Correspondence, dated January 28, 2010, was received from Attorney William Manganiello requesting a continuance of the public hearing. During discussion of the request, it was noted all Board members will not be present at the February 11th board meeting. The public hearing was continued to February 25, 2010 at 6:15 p.m.
Mr. Fountain informed the Board he spoke to three attorneys today regarding the Roger's Way plan, and he advised Attorney David Gay that the Planning Board would need a letter from the Board of Selectmen approving of the land swap that applicant proposes for a portion of his land to replace farm land taken when the Town widened Thrasher Street.
Letter dated January 25, 2010, was received from Roger Stolte regarding Roger's Way. The letter will be forwarded to the applicant. No testimony was taken on the plan.
6:44 p. m. - Town Planner update: Mrs. Whalley reminded the Board there is a meeting regarding the Southeast Commuter Rail on February 11, 2010, and that Mr. Andrade had agreed to attend as the Board's representative.
Mrs. Whalley presented a proposed amendment to rezone a portion of Pine Street from industrial district to light industrial district and proposed amendments to the language in Section 4.8, Light Industrial, and Section 5.1, Minimum Requirements. The Board and Mrs. Whalley discussed the need to keep industrial zoned land especially considering the dog track land on Rte. 138 may be developed in the future. After discussion, Mr. Gallagher moved to forward the proposed amendments to the Selectmen; second by Mr. Ellis; motion passed by unanimous vote.
6:50 p. m. - General Business: Minutes of January 14, 2010, were received. Mr. Fountain moved to waive the reading and accept the minutes as submitted; second by Mr. Gallagher; Mr. Ellis moved to amend by add the words “as requested by Mr. Hansen” to the Karen's Way paragraph; amendment seconded by Mr. Fountain; motion to approve as amended passed by unanimous vote.
Letter dated January 27, 2010, was received from Robert Monahan, McSweeney & Ricci Insurance Agency, Inc., regarding the surety bond for Evergreen Estates/Christina's Path. The letter advised the bond was set to renew on February 9, 2010. After discussion, the Board agreed to request a copy of the bond from the insurance company and to inquire why the bond needs to renew yearly if it has no expiration date.
Letter dated January 21, 2010, was received from Peter D. LaMountain, LaMountain Bros., Inc., requesting release of the surety bond being held for Hess, Rte. 138, gas station. After discussion, it was agreed Mr. Ellis will inspect the site to determine if the light shields in question have been installed; Mr. Andrade moved to release all the surety funds when Mr. Ellis determines the light shields are acceptable; second by Mr. Gallagher; motion passed by unanimous vote.
Board members discussed a change in meeting nights from the second and fourth Thursday to the first and third Thursday of the month. After discussion, Mr. Andrade moved to change the Planning Board meeting night to the first and third Thursday of each month beginning March 1, 2010; second by Mr. Ellis; motion passed by unanimous vote.
There was no further business and the meeting adjourned at approximately 7:05 p. m.
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