The Raynham Planning Board held a regular meeting on Thursday, February 25, 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, Christopher Gallagher and Russell Driscoll
Board members not present: Henry Ellis
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 (located off North Main Street), appeared before the Board as a follow-up to a previous discussion with the Board.~ Letter dated February 24, 2010, was received from Highway Superintendent Roger Stolte regarding design waivers for Jess Marie Estates.~ E-mail correspondence, dated February 9, 2010, was received from Steve Ventresca, Nitsch Engineering.
Mr. Stolte’s February 24th letter informed the Board he will support the developer’s request for a waiver to eliminate sloped granite curbing on a portion of Jess Marie Road that is approximately 500 feet long on the right side of the subdivision entrance. Mr. Stolte advised he would still like granite curb in other areas as indicated on the approved plan. He also advised that if the Board grants the requested waiver from planting trees along the same portion of the road, he would like the trees made available for planting elsewhere in town.~
Mr. Andrade noted he was not sure if a subdivision owner would consider planting the trees at a location other than his own subdivision.~ He also noted the Board previously agreed it was too soon in the process for the Board to decide on a waiver for the street trees. Mr. Gallagher stated he agreed with Mr. Andrade, but he likes Mr. Stolte’s idea about planting the trees elsewhere if waived for a subdivision.
Mr. Peterson stated he did not think the trees required by the plan will grow where proposed because of an “umbrella” of pine trees nearby.
The request for waiver of sloped granite curbing was discussed.~ Mr. Fountain noted the Board has previously accepted funds from an applicant when a less costly modification to the plan is sought by the applicant for certain items on a plan.~ Mr. Fountain also noted Mr. Stolte has always preferred sloped granite curbing in subdivisions.~ Mr. Gallagher agreed that Mr. Stolte has always been adamant about the curbing so he is surprised by Mr. Stolte’s letter.~ Mr. Driscoll stated he could only go by Mr. Stolte’s letter because he is not familiar with the history.~
Mr. Andrade stated he was surprised and disappointed by the comments in Mr. Stolte’s letter regarding the curbing considering the past history, and he disagrees with Mr. Stolte’s position now.~ Mr. Andrade said he is not in favor of funds in lieu of the curbing, and he wants the subdivision done in a way best for the future. Mr. Gallagher noted the Board was getting to the point of consistency on the granite curbing and he prefers it stay that way.~ Mr. Andrade noted the sloped granite is best for the future.
Mr. Peterson noted that Mr. Stolte’s letter does not mention the reason for the request, that being Natural Heritage has issue with the turtles on his site.~ He noted Cape Cod berms will be easier for the turtles to cross.~ Mr. Andrade asked what the savings to Mr. Peterson will be with the Cape Cod berms.~ Mr. Peterson stated he has already spent $10,000 on Natural Heritage issues, and he is not sure what the total savings will be.~ Mr. Peterson stated he is trying to satisfy issues of all involved departments and boards.
Mrs. Whalley noted Mr. Stolte had stated to her that he was aware of the turtle issue.~ Mr. Gallagher noted the turtles are no longer endangered.
Mr. Andrade requested Mr. Peterson put his waiver requests and reasons for them in writing for the Board.~ Mr. Andrade noted he is more concerned with the overall curbing issue not just at Jess Marie Estates.
It was agreed that Mrs. Whalley will contact Mr. Stolte to discuss his change in position regarding granite curbing.~ Board members noted Mr. Stolte had previously supported the new regulations requiring granite curbing.
Mr. Gallagher moved to not grant the requested waivers at this time; second by Mr. Fountain. Vote was taken and the motion passed unanimously.~ Mr. Andrade noted the Board is not stopping progress on Jess Marie Estates, and they will work with the developer.
6:25 p. m. – Carriage Hill Estates:~ Nyles Zagar, P. E., Outback Engineering, Middleborough, MA, presented a Form A to the Board on behalf of Norwood Cooperative Bank.~ Proper fee and paperwork were submitted.
Copies of e-mail from John Schmid, Nitsch Engineering, dated February 1, and Roger Stolte, dated February 18, 2010, regarding concerns at Carriage Hill, were received by the Board.~ The Board agreed the concerns mentioned were not an issue to the Form A plan.
Mr. Zagar reviewed the Form A plan.~ Mr. Gallagher moved to approve the plan entitled “Plan of Land At Lots 1 & 2 Carriage Hill Drive In Raynham, Massachusetts,” prepared by Outback Engineering, dated February 10, 2010; second by Mr. Fountain; motion passed by unanimous vote.~ Mr. Gallagher signed the plan.~
6:34 p. m. – Roger’s Way Extension public hearing was reconvened.~ Attorney David Gay, Taunton, MA, and Attorney William Manganiello, Taunton, MA, appeared before the Board as petitioner’s representatives.
Letter, dated February 25, 2010, was received from Randall Buckner, Town Administrator, advising that the Board of Selectmen unanimously endorsed in principle the acceptance of a gift of 32 acres of land off Roger’s Way from Mr. Fred Leroy.~ Mr. Fountain noted there was no mention of a tie-in to Thrasher Street land that would be swapped for the 32 acres.
Mrs. Whalley informed the Board she was informed by Ms. Francis of the Park and Rec Department that there cannot be a land swap involving farm land versus wetland as proposed by applicant because it is not allowed and not possible.
Attorney Gay noted the 32-acre gift would provide more conservation land.~ He agreed it could not be swapped because the 32 acres is not farm land but he noted the Selectmen were okay with saving conservation land even though it cannot be used in a land swap as hoped.
Frank Ribelin, land surveyor, presented the revised Roger’s Way Extension plan and detail sheet and reviewed the changes with the Board.~ He explained the details of the proposed hammerhead turnaround design.~ He noted a guardrail is proposed.~ Mr. Gallagher stated he was okay with the plan and thought the hammerhead design will work.
The proposed Certificate of Action was discussed.~ It was noted item No. 5 in the waiver requests is not applicable and will be deleted.~ Condition No. 13 was discussed.~ Mr. Andrade noted he was adamant that there be pavement and that the existing pavement, which may be covered by dirt, be used and repaired if necessary.~ Attorney Gay noted the Certificate contains the language he believed the Board requested at the previous meeting.~ New language regarding the pavement was discussed.~ After discussion, it was agreed the new wording will cite a 22 feet pavement width requirement and the existing pavement will be repaired to make it useable to the Board’s satisfaction.
Attorney Steve Strojny, Taunton, MA, addressed the Board.~ He noted the pavement was a big issue in the 2007 Land Court easement matter on this land, and it was determined at that time the road would remain unpaved. He noted the pavement now violates the spirit of the easement.~
Mr. Gallagher noted the Town of Raynham is bound by that Land Court agreement but a private owner is not. Mr. Andrade noted the Board is not asking for additional pavement but only that the existing pavement be repaired and maintained.
Attorney Strojny asked what would happen if it is found the existing pavement is 20 feet wide.~ The Board agreed applicant must return to the Board in that case.~ Mr. Andrade noted the wording allows for that.
Attorney Strojny noted there is case law stating a Planning Board cannot waive a condition of the Board of Appeals.~ He noted the applicant was denied a variance for this plan by the Board of Appeals and this subdivision approval violates case law.~ Mr. Gallagher stated he disagreed, noting case law is in favor.~ He noted the plan has adequate frontage and the Planning Board can waive requirements per 81R.
Attorney Strojny noted he has been told the Building Inspector, as zoning enforcement officer, will not issue a building permit for the property because of zoning issues.
Attorney Gay noted there is no need for zoning variance if the plan is approved and the zoning issues are moot.~ He noted if the applicant did not go to the Board of Appeals, this would not be an issue.~ Mr. Andrade stated he agreed.~ Mr. Fountain said he is not downplaying concerns, but the Board has approved similar plans.
Mr. Fountain moved to approve the requested waivers as proposed in the January 10, 2010, draft Certificate of Action with the exception of No. 5 regarding the as-built plan and that the waivers are to be placed on the plan; second by Mr. Andrade; motion passed with three votes in favor (Mr. Andrade, Mr. Fountain and Mr. Driscoll) and Mr. Gallagher abstaining.
Mr. Fountain moved to approve the plan entitled “Definitive Subdivision of Rogers Lane Extension Raynham, MA Surveyed for Mill Pond Realty Trust Surveyed By Ribelin Land Surveyors, Inc., dated October 2, 2009, last revised January 21, 2010,” subject to the conditions as set forth on the January 2010 draft Certificate of Action~ except that condition No. 13 shall be reworded as was agreed by the Board; second by Mr. Andrade; motion passed with three votes in favor (Mr. Andrade, Mr. Fountain and Mr. Driscoll) and Mr. Gallagher abstaining.~ A Certificate of Action will be issued.
7:15 p. m. – Ryan Iron site plan public hearing was reconvened.~ Request for continuance was received from Shane Oates, P.E., Coneco, on behalf of applicant.~ After discussion, the public hearing was continued to March 4, 2010, 6:15 p.m.~ A new extension of time-to-act will be requested from applicant.
7:17 p. m. – Art’s Bakery, Forge River Parkway – Attorney David Gay, Taunton, MA, appeared before the Board on behalf of Arthur Cabral of Art’s Bakery.~ Attorney Gay gave a brief history of the site, noting Mr. Cabral temporarily relocated there after a fire destroyed his Taunton location, and Mr. Cabral now wishes to permanently locate his retail business at the Forge River Parkway site.~ Attorney Gay noted no additional pavement will be added to the site, and the site will conform to parking requirements.
Attorney Gay requested the Board consider allowing abbreviated site plan approval process for the new plan. After discussion, the Board unanimously agreed to abbreviated site plan process for Art’s Bakery.
7:30 p. m. – South Street East, Form A Plan - Richard Cook, BSC Group, presented a plan for land on South Street East that will consolidate land owned by Wat Nawamintarachutis.~ Proper fee and paperwork were submitted.~ Mr. Cook explained the plan.~ After review of the plan, Mr. Fountain moved to accept the plan entitled “Approval Not Required Plan 364 & 382 South St. East in Raynham Massachusetts (Bristol County),” dated February 23, 2010, prepared by BSC Group, Boston, MA; second by Mr. Gallagher; motion passed by unanimous vote.~ Mr. Gallagher signed the plan.
7:36 p. m. – Town Planner update:~ Memorandum, dated February 18, 2010, from Marilyn Whalley to the Board regarding Lakeshore Center in Bridgewater was discussed.~ Mrs. Whalley noted she has discussed the proposed plan with Roger Stolte, and he is hoping for some type of mitigation to Raynham from the project.~ After discussion, Board members agreed they had concerns with the traffic that will result from the proposed retail plans but they were not sure what they could do about it.
Mrs. Whalley briefly discussed proposed rezoning property located of property off Ashley Way in Paramount Woods.~ The land is owned by Johnson & Johnson and it is proposed to rezone it from business to Designated Development to conform to the rest of the Johnson & Johnson parcel.
After discussion, Mr. Fountain moved to approve the proposed zoning amendment for the Town Meeting warrant and to hold a public hearing on March 18, 2010; second by Mr. Andrade; motion passed by unanimous vote.~ The proposed amendment will be sent to the Board of Selectmen.
7:54 p. m. - General Business:~ Minutes of January 28, 2010, were received. Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Andrade; unanimous vote.~
Correspondence, dated February 10, 2010, was received from McSweeny & Ricci Insurance Agency, regarding the bond for Evergreen Estates (located off White Street).~ The correspondence noted the bond can only be cancelled by letter from the Town of Raynham, and the bond is ongoing until that time.
The Board discussed the Berry Hill bond.~ Mr. Fountain noted he spoke with developer Nick Mirrione, who alleged that the bank that currently owns the project will be constructing less expensive homes on the site.~ After discussion, the Board agreed they were comfortable with the bond in place.~ They noted the correspondence regarding the bond at Evergreen Estates stating bonds could only be cancelled by letter from the Town of Raynham.
Correspondence, dated February 18, 2010, was received from developer Steve Hansen regarding proposed language for a retaining wall easement at Karen’s Way.~ After discussion, the Board agreed the language was insufficient and needs a better legal description of the property.
Correspondence, dated February 19, 2010, was received from Mark F. Perron, T & M Realty Corp., developers of Aspen Hollow, requesting a reduction in the surety bond being held for the subdivision in accordance with the Construction Cost Estimate, dated June 24, 2009, from Nitsch Engineering.~ Mr. Gallagher moved to release all funds being held for Aspen Hollow over the $139,307 amount recommended by Nitsch Engineering; second by Mr. Fountain; motion passed by unanimous vote.
There was general discussion of the issue of affordable housing lots in subdivisions.~ No action was taken.
There was no further business, and the meeting ended at 8:10 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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