The Raynham Planning Board held a regular meeting on Thursday, September 16, 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, Chris Gallagher, Henry Ellis and Russell Driscoll
Staff present: Marilyn Whalley, Town Planner, Maureen McKenney, Administrative Assistant; John Schmid, P.E., Nitsch Engineering
6:05 p. m. - Awais Farms subdivision – At applicant’s request, discussion was tabled.
Karen's Way subdivision: On the matter of request for recommendation for Town acceptance, Mr. Gallagher noted the sewer department had no major issues to hold up acceptance. It was noted a memo was sent to town departments asking if there were outstanding issues at Karen's Way, and the only response received was from the Tax Collector Linda King in memorandum dated September 9, 2010.
Charles Tower, 68 Karen's Way, addressed the Board and stated he had no complaints with the road, that a good job was done by the developer.
Walter Tokarz, 93 Karen's Way, stated he believed a fair job was done, and he wants the street accepted.
Frank and Pam Roach, 76 Karen's Way, asked what the outstanding issues were. They agreed they wanted the road accepted and plowed by the Town.
Mr. Andrade explained the process a developer follows to have a road accepted, including public hearing with the Selectmen with recommendation on whether or not to accept from the Planning Board. He noted John Schmid, Nitsch Engineering, reviewed the as-built plan and has been monitoring the subdivision progress since the beginning. Mr. Andrade noted there are minor items such as cleaning the street, completing minor sewer issues, minor issues with the as-built to take care of before Town Meeting. He also noted any outstanding taxes must be paid to date by Town Meeting.
John Schmid briefly discussed the status of the subdivision and noted all was okay.
Mr. Tower noted there had been problems but he believed they were now okay.
Mr. Gallagher noted that if there are outstanding issues on the date of Town Meeting, the Board will request that road acceptance be denied. Mr. Ellis noted a bond of approximately $12,000 is still being held. He suggested the residents contact the developer to remind him a bond is being held in escrow and advise him to make arrangements to pay all taxes prior to Town Meeting. Mr. Andrade noted the developer should know what to do and all items must be done prior to Town Meeting. Mr. Gallagher advised the residents to have Mr. Hansen contact him if needed to further discuss the minor sewer items.
Mr. Ellis moved to recommend acceptance of Karen's Way subject to the taxes being paid and minor sewer issues, street sweeping and drain cleaning, with highway department oversight, completed prior to Town Meeting; second by Mr. Gallagher; motion passed by unanimous vote (5).
6:22 p. m. - Route 44 Hyundai site plan public hearing reconvened. Mr. Gallagher noted he was not at the previous public hearing and will not be voting on the plan. Attorney Daniel Vieira, Easton, MA, Brian Dunn, MBL Land Development and applicant were present.
Site Plan Review correspondence, dated September 15, 2010, was received from Nitsch Engineering. John Schmid discussed the landscaping plan and noted the plan shows 20 trees. He noted the revised plan has not changed much. He discussed the waivers. He noted the landscaping on site is okay. He suggested a sign detail be shown on the plan before the plan is endorsed.
Attorney Vieira noted there is a lighting plan. The Board and Mr. Dunn discussed the lighting plan and the light poles on the site. Mr. Dunn noted the plan is color coded to indicate which existing poles will remain on site, which will be removed and the new poles to be installed. Board members found the plan acceptable.
Mr. Fountain moved to approve the waivers requested on the proposed Certificate of Action as discussed; second by Mr. Driscoll; motion passed four in favor and Mr. Gallagher abstaining.
A draft copy of an easement granting access through the adjacent Rte. Toyota site was received. The Board and Attorney Vieira discussed the need for the easement.
Proposed conditions of acceptance were discussed. It was agreed to add condition re. the granting of an easement by Mibobden, Robert Barboza, Trustee, for access from Narragansett Drive, said easement to be approved by Burke Fountain; add condition re. all loading and unloading of car carriers to be done in area so designated on plan and no cars to be loaded or unloaded anywhere on Rte. 44; add condition re. applicant to submit final site plans to Planning Board consultant for his approval prior to endorsement by the Board.
It was agreed that proper signage would be addressed by the Building Commissioner when a building permit is sought.
During discussion, it was noted loaming and seeding are noted on the plan.
Mr. Dunn discussed the issue of vehicles “bottoming out” when entering the site. He noted the problem should go away with the new plan. He noted there are no RV's on site now.
Mr. Fountain moved to accept the plan entitled “Route 44 Hyundai Proposed Site Development Plans,” dated July 15, 2010, last revised September 9, 2010, subject to the waivers as granted and conditions as discussed; second by Mr. Driscoll; motion passed four votes in favor and Mr. Gallagher abstaining. Certificate of Action will be issued.
Letter (undated) received from Robert Barboza, Vice President, DMR Corp., Rte. 44 Toyota, requesting release of bond funds being held in name of DMR Corp., 191 New State Highway. It was noted the funds related to the old Silver City Toyota site, which is no longer in existence. Mr. Andrade moved to release the remaining funds; second by Mr. Fountain; motion passed by unanimous vote (5).
6:50 p. m. - Berry Hill modification of special permit public hearing was opened. Mr. Gallagher read the hearing notice. Letter dated September 15, 2010, was received from Vincent Cragin, Esquire, requesting continuance of the hearing. The public hearing was continued to October 21, 2010, 6:30 p. m. Extension of time-to-act to November 22, 2010, was received.
6:55 p. m. - Carriage Hill Estates, Phase II, public hearing was reconvened. Attorney Edmund Brennan, applicant Matt Dacey, Jim Pavlik, P.E., Outback Engineering and John Crowley of Norwood Bank were present. Attorney Brennan explained that Mr. Pavlik and John Schmid had been exchanging information since the last meeting and the plan was now in substantial compliance except for the waiver requests. Letter dated September 1, 2001, was received from Matthew Dacey, Champion Builders, updating the Board on the status of Carriage Hill.
It was noted that Conservation Commission voted for the Certificate of Compliance but it was not issued yet.
It was noted a letter dated September15, 2010, was received from Town Administrator Randall Buckner requesting the Board’s recommendation on acceptance of Carriage Hill, Phase I, as a Town road. Mr. Ellis asked Mr. Schmid if Phase I is ready. Mr. Schmid stated he believed the developer will be correcting the minor remaining items. A request will be sent to Town departments asking if there are any outstanding issues at Phase I before the Board recommends. The recommendation was tabled to next meeting.
Attorney Brennan explained that six lots in Phase I are owned by Norwood Bank but most other lots have been sold, and the Bank also owns Phase II. He noted the outstanding issues at Phase I include regrinding and regrading at the Fruth's lot and relocating the mailbox. He noted the plantings are on site.
John Schmid pointed out on the plan that Phase I ends at the temporary cul-de-sac, noting the Town will only be accepting up to that point. Jim Pavlik discussed the temporary cul-de-sac area, noting the road is now finished to station 17 +95. Mr. Schmid noted the cul-de-sac cannot be physically blocked; Mr. Andrade agreed. Mr. Gallagher suggested the warrant article be specific as to what station Phase I is being accepted; Attorney Brennan agreed to do that.
Mr. Ellis advised applicant to be sure all taxes are paid. Mr. Gallagher advised applicant to check with the Selectmen's office on the deadline for submitting Town Meeting articles.
Phase II was discussed. Mr. Schmid stated he is satisfied with the design. He noted waivers are requested to mitigate changes to storm water rates. He stated Nitsch Engineering is okay with the waiver requests and Conservation Commission is also okay.
The waiver requests were discussed. Waiver for length of the ‘dead-end’ road was discussed. The sidewalk will be four feet instead of five in order to be consistent with sidewalk in Phase I, and Waiver G on the list was withdrawn. Waiver F was also withdrawn at applicant's request.
Mr. Gallagher moved to grant Waivers A through E as read, with Waivers F and G withdrawn, per the Nitsch Engineering letter dated September 14, 2010; second by Mr. Ellis; motion passed by unanimous vote.
Mr. Schmid stated everything else on the plan is addressed. Attorney Brennan noted there is an agreement with Natural Heritage and they issued a letter on July 28th.
Mr. Gallagher moved to approve the plan entitled “Carriage Hill Estates Phase II, a Definitive Subdivision Modification in Raynham, Massachusetts,” dated June 16, 2010, revised August 27, 2010, prepared by Outback Engineering, Inc., 11 lots, for the extension of Carriage Hill Drive; second by Mr. Driscoll. At Mr. Ellis' request, John Schmid verified the plan was the plan he reviewed. Motion passed by unanimous vote.
Mrs. Whalley had a question about the trees in Phase I. Mr. Andrade noted the Board will hold a bond for the trees for approximately 18 months.
It was agreed Attorney Brennan will draft a Certificate of Action. Mr. Fountain will review and a final Certificate of Action will be issued.
Foxwood Estates: Correspondence, dated September 15, 2010, was received from Brian Mulligan requesting a recommendation of acceptance of Foxwood Estates at Town Meeting. Mr. Mulligan was present and explained he was recently made aware of outstanding issues and they will be corrected next week, weather permitting. He noted he is working with Mr. Schmid on the issues.
Copy of E-mail correspondence, dated September 16, 2010, from John Schmid was received Mr. Schmid was present and stated he received a revised as-built today and finds it in substantial conformance. He noted he is waiting for a stamped copy of the as-built plan, the fence must be relocated and there is a minor sewer issue. He noted the Board could consider recommending approval with conditions. Mr. Gallagher agreed the sewer work to be completed is minor work.
Mr. Mulligan stated he is working on a punch list, and the taxes have been paid. Mr. Schmid noted Roger Stolte prefers the street be swept just prior to Town Meeting.
Mr. Andrade moved to recommend acceptance of Foxwood Estates as a Town road with the condition that all issues as discussed are completed prior to Town Meeting; second by Mr. Fountain; motion passed by unanimous vote.
King Estates: Richard Feoderoff appeared before the Board to discuss lots in King Estates. Mr. Driscoll noted he has contacted Mr. Feoderoff regarding work issues. It was agreed Mr. Driscoll will mention this matter at the next public hearing.
Mr. Gallagher noted he worked for Mr. Feoderoff for a number of years and he still does some work and has some financial interest with Mr. Feoderoff.
Mr. Feoderoff informed the Board he has purchased Phase IV of King Estates, and he has been getting calls from neighbors who are concerned with the subdivision. Mr. Feoderoff asked if Mr. Mirrione defaulted and what is the Town doing with the subdivision.
Mr. Andrade stated the Town is working through the legal process, and Mr. Mirrione was found in default and the bond called in.
A petition was received from residents in King Estates requesting the subdivision be completed. After discussion, it was agreed Mrs. Whalley will send a letter to the names listed on the petition advising them of the status in King Estates.
Mr. Feoderoff said he would work with the Board on taking care of where the two phases of the project meet.
Mr. Andrade noted Mr. Gallagher has a conflict on the matter of King Estates.
7:36 p. m. - NMR Meditation Center public hearing reconvened. (Mr. Gallagher left the meeting.) Richard Cook, BSC Group, agent for applicant, appeared before the Board and informed applicant has responded to the Nitsch issues. Regarding the gate and fence, he noted applicant had questioned whether or not the fence is a structure and it has been determined it is not so the fence can be located along the property front. He noted the fence will be set back to allow for visibility. Project review correspondence, dated September 16, 2010, was received from Nitsch Engineering. Correspondence dated September 16, 2010 was received from BSC Group in response to Nitsch correspondence.
John Schmid addressed the Board. He noted the Board had liked the fence depicted on the model brought to the last meeting, and the fence now shown on the plan. Mr. Schmid questioned if the fence would be the same as the model. Mr. Cook stated the intent is to construct the same fence shown. Access ports were discussed.
Mr. Schmid noted all site plan issues are addressed. Draft Certificate of Action was submitted.
Mr. Ellis asked about curb stops and bollards. Mr. Schmid stated the plan complies with bollards, curbing and they are aesthetically appropriate. Mr. Schmid noted there is adequate sewer capacity, according to Mr. Gallagher. He noted lighting details were provided. Mr. Andrade noted he went over the outside lighting provided and it was acceptable.
Memo dated September 13, 2010, was received from Captain Richard Pacheco, Raynham Police Department, advising there were no problems anticipated with the plan. Letter, dated September 16, 2010, was received from James T. Januse, Fire Chief, advising the department had no concerns with the plan.
Mr. Andrade asked if any neighbors were present. No one responded.
Mr. Ellis asked Mr. Schmid if he reviewed Mr. Stolte’s earlier letter. Mr. Schmid stated Mr. Stolte was concerned with parking but the applicant has committed to off-site parking. He noted Mr. Stolte’s issues were okay now.
Mr. Andrade noted the police department has no concerns with the plan.
Mr. Fountain and Mr. Schmid reviewed the proposed Certificate of Action. Mr. Schmid noted he reviewed the waiver requests and found them acceptable. He noted he was not sure waiver from Sec. 5.1.5 relative to trees and landscaping is needed but the applicant requested clarification. After discussion, Board members agreed the waiver could be granted.
Mr. Schmid noted a photometric plan and detail are provided.
Special permit for parking reduction was discussed. It was noted the applicant has considered that 720 visitors could be attending the largest function on site and has provided 240 parking spaces, and that applicant has agreed to police detail and off site parking for the large events. Mr. Schmid noted that when more than 142 spaces are needed, the grass is uses and that sets off the need for a police detail. It was noted there will not be “no parking” signs but residents can notify the Town if problems arise. Mr. Cook noted South Street East is posted for no parking.
Mr. Andrade asked if Nitsch needed to further review the plan. Mr. Schmid asked to review the plan prior to endorsement. He noted the regulations allow for oversight at construction. Mr. Andrade requested that the Town be notified in advance so proper inspections can be made. Mr. Schmid suggested a pre-construction meeting be held, and Mr. Andrade advised applicant to go through the Planning Board office to arrange.
Mr. Ellis moved to approve the special permit, File No.10-SP-4, for reduction in parking for NMR Meditation Center, 364 & 382 South Street East, as requested; second by Mr. Fountain; motion passed by unanimous vote (4).
Mr. Fountain moved to approve the 10 waivers requested as presented in the proposed Certificate of Action; second by Mr. Ellis; motion passed by unanimous vote (4).
Mr. Driscoll moved to approve the site plan, File No. S-10-7, entitled “Wat Nawamintararachutis NMR Meditation Center in Raynham, Massachusetts (Bristol County), August 5, 2010, Revised: September 16, 2010,” prepared by BSC Group, subject to the conditions set forth in the Certificate of Action as presented; second by Mr. Ellis; motion passed by unanimous vote (4). Certificate of Action will be issued.
Town Planner Update: Mrs. Whalley informed the Board the South Coast Rail Study will be presented to the Board of Selectmen on Tuesday. Mr. Andrade noted the Board reviewed the study and had no additional input. He noted Mrs. Whalley worked hard on the study, and he thanked her for that.
Mrs. Whalley discussed the new Open Meeting Law and recommended that materials being submitted for Board meetings be provided 48 hours prior to the meeting in order to be available to the public. The Board and Mrs. Whalley discussed the matter and agreed Mrs. Whalley would contact Town Counsel for input on the matter. Board members agreed it would be good policy to require meeting-related material to be submitted in a timely manner.
General Business: The Hall Street subdivision plan was endorsed.
Letter dated September 16, 2010, was received from Ayoub Engineering requesting the Board approve a final occupancy permit related to the McDonald's site plan of 2000. The Board agreed to forward the request to Nitsch Engineering for review to determine if there are outstanding issues. The matter was continued to October 7, 2010.
It was noted there were no invoices to be signed.
Municipal assistance form was received from SRPEDD. Mrs. Whalley will consider and recommend how the Board’s available hours can be used.
Minutes of September 2, 2010 were received. Mr. Fountain moved to waive the reading and accept the minutes as presented; second by Mr. Driscoll; motion passed by unanimous vote (4).
Mrs. Whalley informed that Safeguard Bond has notified that they received the information sent to them regarding King Estates bonds. She noted Town Counsel has advised that the Board not wait too long to contact Safeguard. Mr. Andrade said to give the matter two to three weeks.
Mrs. Whalley noted she also discussed Berry Hill with Town Counsel, and that bond may have to be called in.
Mr. Fountain asked if proposed modification to the Berry Hill special permit must be done at Town Meeting; Mrs. Whalley stated that according to Town Counsel, no, because the zoning by-laws reference the Fair Housing Act, which supersedes in this case. The Fair Housing Act was briefly discussed. It was noted that Berry Hill plans have been changed without permission from the Board. Mr. Andrade noted there are many issues at the site other than the 55 age limit restriction.
There was no further business and the meeting adjourned at 8:30 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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