The Raynham Planning Board held a regular meeting on Thursday, April 15, 2010, at Raynham Veterans' Memorial Town Hall. Chairman Andrade opened the meeting at 6:05 p. m.
Board members present: Daniel Andrade, Burke Fountain, Christopher Gallagher and Russell Driscoll, Henry Ellis (6:14 p. m.)
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
6:05 p. m. - Karen Estates subdivision (located off Robinson Street) – Developer Steve Hansen was not present for discussion, and the matter was tabled to later date.
6:06 p. m. - Carriage Hill subdivision (located off King Street) – Jim Pavlik, P. E., Outback Engineering, and Bob Hearn of Intoccia Construction appeared before the Board to discuss the status of Carriage Hill. Mr. Andrade noted no residents of Carriage Hill were present. Project review letter dated April 15, 2010, was received from Nitsch Engineering. Mr. Pavlik stated he had received the Nitsch letter.
Mr. Pavlik noted Norwood Bank, current owners of the subdivision, hired Intoccia Construction to complete Carriage Hill to roadway acceptance standards so it can be accepted at Town Meeting.
Mr. Hearn informed the Board Intoccia Construction has been working on the last few issues, including road binder and driveway aprons. He explained the eight items concerning the water district are being completed and the items on the sewer department punch list are mostly done. Mr. Hearn noted the major issue at this point is the street trees, which have not yet been planted. He noted there is a surety bond in place that will cover the cost of the trees. Mr. Hearn stated all remaining items in the subdivision will be completed within four to five work days.
Mrs. McKenney informed the Board requests for street acceptance must be submitted to the Selectmen's office with a positive Planning Board recommendation by April 23rd in order to be included on the Special Town Meeting warrant. Mr. Gallagher noted that theoretically the article for acceptance could be included on the warrant and withdrawn at Town Meeting if necessary. (Mr. Ellis arrived at 6:14 p. m.)
Mrs. Whalley informed a site visit was done with herself, Roger Stolte, Erika Ueberbacher, Mr. Intoccia and Bob Hearn present. She noted the subdivision has come along way and is well done but she is concerned with loose ends although they are minor. Mrs. Whalley noted the street trees are not planted.
Mr. Hearn noted the list of outstanding items looks extensive but is not really big.
Mr. Ellis stated he is concerned with possible Conservation Commission issues and asked if the Conservation Commission agent expressed any concerns at the site visit. Mrs. Whalley stated the ConsCom agent noted the applicant may have to refile with the Commission. Mr. Gallagher stated he did not disagree with the wetlands concerns but the applicant only needs to refile with the Conservation Commission to resolve them.
During discussion, it was noted there could possibly be a special town meeting scheduled before the fall town meeting and acceptance of the subdivision could be included on that warrant.
Mr. Andrade stated he is concerned with the items not yet done, especially the trees. He stated he is happy the bank is fulfilling its obligation to the subdivision but he will be more comfortable when all town departments say all issues are resolved.
Mr. Pavlik noted there is a surety bond in place to cover the street trees and asked if the trees need to be in the ground before road acceptance. Mr. Andrade noted the trees are usually in the ground and have had one year full growth before road acceptance.
Mr. Gallagher stated that once the Town accepts a road, they own it; he questioned whether or not a bond can be held on a subdivision once it has been accepted by the Town. Mr. Ellis stated he agreed with Mr. Gallagher concerns and he was not sure of the answer. During discussion, it was noted the Raynham subdivision regulations say the trees need to be in place for 18 months before acceptance.
Mr. Hearn noted there is a mechanism in place to get the bond if needed. Board members discussed whether or not they can legally hold the surety bond after Town acceptance.
Attorney Robert Shelmerdine was present for developer Intoccia. He asked if the trees were the only outstanding issue of concern to the Board. Mr. Andrade stated the trees, the water department issues, the sewer department issues and the minor Nitsch issues were all of concern. It was also noted the trees need a full growing season.
Attorney Shelmerdine asked if the Board would consider a bond just for the trees. Mr. Fountain asked if the developer would consider a cash bond when the trees are planted. Attorney Shelmerdine stated yes.
There was discussion about the temporary cul-de-sac on Carriage Hill drive not being part of the accepted roadway. Board members expressed concern with accepting the roadway without the cul-de-sac being finished.
No vote was taken on the matter.
6:35 p. m. - Art's Bakery Abbreviated Site Plan (Forge River Parkway) public hearing was opened. Mr. Gallagher read the hearing notice. Attorney John Holgerson, Gay, Gay & Field, Taunton, MA, was present along with applicant Arthur Cabral and Josh Borden of Arthur Borden Associates and Steve Gordon.
Mr. Andrade noted Building Commissioner Dennis Machado had comments on the plan, in particular the traffic circulation and parking spots. Attorney Holgerson noted they discussed the site plan with Mr. Machado and he advised them the project is a permitted use.
Mrs. Whalley advised the Board of Mr. Machado's concerns with the traffic flow, noting he indicated on a copy of the plan that he wanted another access/exit to the site with one-way traffic flow for cars and he suggested angling the parking spots. Parking was discussed. Mr. Gallagher stated the plan was acceptable as presented. Mr. Fountain noted he did a site visit and found the site tight. The Board discussed angling the parking spots for maximum spacing.
Mr. Andrade asked if repairs will be made to the existing asphalt. Mr. Gordon explained the existing pavement will be removed and replaced.
After discussion, Board members agreed with Mr. Machado's suggestions regarding a second means of egress and the parking spots. They agreed the plan should be revised to include those changes. Mr. Ellis moved to approve the site plan with subsequent to Mr. Fountain and Mr. Gallagher reviewing the plan for the requested changes; second by Mr. Fountain; motion passed by unanimous vote.
6:52 p. m. - 1753 Broadway Abbreviated Site Plan public hearing was opened. Mr. Gallagher read the hearing notice. Applicant and property owner Richard Ferreira presented his proposed plan to the Board. He explained he owns a paving company and plans to locate his trucks and equipment at the back of the site and reside in the existing single-family residence at the front of the lot.
Mr. Fountain stated he was concerned that the site not be elevated similar to the adjacent Dunkin' Donuts site. Mr. Ferreira stated it would not be. Mr. Ferreira explained the barns on the site will be razed and the existing dirt driveway will be paved.
Jack Fisher, Jr., 245 Robinson Street, came forward to review the plan. He asked if asphalt will be stored on site. Mr. Ferreira stated no asphalt will be produced or stored on site and just the trucks will be parked and maintained on site.
Mr. Fisher asked about the noise levels from the business. Mr. Ferreira stated he is now parking the trucks in Mr. Fisher's neighborhood and there are no problems. During discussion, it was noted the lot is zoned business from the street to 250 feet back on the lot and no business use is allowed beyond that point.
Mr. Fisher stated he did not mind the plan.
Concern about the elevation was discussed. Mr. Ferreira assured the Board the buildings will remain at ground level. He noted the new garage will be 16 feet high to the eaves and 20 feet high to the peak.
Mr. Fisher asked if the trucks will be cleaned on site. He noted there is a water problem on the site and there are animals on the adjacent lot. Mr. Ferreira stated he will have to clean the trucks but the water will be sent towards Rte. 138 and he would not hurt the animals.
After discussion, motion was made to approve the plan entitled “Proposed Site Layout Plan #1753 Broadway, Raynham, Massachusetts,” dated March 4, 2010, with the following conditions: the ground level of the proposed garage shall be no more than four feet above existing ground level, and a fence, of applicant's choosing, shall be placed at the business line of the property with a gate allowed. Motion was seconded by Mr. Gallagher; unanimous vote to approve. Certificate of Action will be issued.
General Business: Mr. Gallagher discussed the upcoming Pine Street rezoning amendment. He noted he did not think residential subdivisions were intended to be included when the Board approved the amendment. Mr. Fountain stated because of the distance to the nearby highway, he did not think subdivisions would be an issue. The matter was tabled for further discussion. (Mr. Fountain left at 7:11 p.m.)
7:12 p. m. - Ryan Iron Site Plan public hearing was reconvened and the Special Permit public hearing was opened. Mr. Gallagher read the hearing notice. Shane Oates, P. E., Coneco, was present along with applicants Larry Kelly and John Shea of Ryan Iron. Mr. Gallagher noted the site plan public hearing was continued in order to allow applicants to apply for a special permit for parking reduction at the site.
Mr. Oates presented a proposed Certificate of Action for the site plan and special permit. He submitted a layout plan depicting the proposed parking areas on site and areas for additional parking if determined to be needed in the future. Mr. Oates also submitted photos of the existing 95 Ryan Drive buildings and noted the proposed new buildings will have the same architectural features and materials.
Mr. Oates explained there are no signage details being provided now and a waiver from site plan regulations Section 4.20 will be requested. Mr. Andrade stated the Board many not grant a waiver from signage requirements but they could include a condition of approval requiring signage locations and details be provided to the Board prior to a building permit.
The proposed Certificate of Action was discussed. It was agreed the reference to waivers from subdivision regulations should be eliminated and the waivers should reference site plan regulations.
After further discussion, it was agreed the Certificate of Action will be revised. The public hearings for site plan approval and special permit request were continued to May 6, 2010, 6:05 p. m.
Town Planner update: The Board and Mrs. Whalley discussed King Estates' bonds. The Board agreed to research and review the three bonds and corresponding phases of buildout. Matter tabled to next meeting.
Mrs. Whalley informed the Board she spoke to a resident of Deer Hollow today who had complaints of flooding on his property. The Board discussed who was responsible in this situation because the Town owns the road. Mrs. Whalley agreed to contact Mr. Stolte on the matter.
Mrs. Whalley informed the Board she met with a planning team regarding the Rte. 138 dog track property. She stated another meeting must be held before June and she wants to have a group including a Planning Board member available for the meeting.
General Business - Surety bond release for Atlantic Fence Supply site plan: Mr. Andrade informed he did a site visit and the business looks good. Mr. Andrade moved to release the $1,000 surety bond; second by Mr. Gallagher; motion passed by unanimous vote.
The SRPEDD delegate appointment form was signed.
There was no further business and the meeting adjourned at 8:12 p. m.
Respectfully submitted,
Christopher J. Gallagher
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