The Raynham Planning Board held a regular meeting on Thursday, November 18, 2010, at Raynham Veterans' Memorial Town Hall. Vice-Chairman Burke Fountain opened the meeting at 6:01 p. m.
Board members present: Burke Fountain, Christopher Gallagher, Russell Driscoll, Henry Ellis (6:25 p.m.)
Board members not present: Daniel Andrade
Staff present: Marilyn Whalley, Town Planner, Maureen McKenney, Administrative Assistant
6:01 p. m. – McDonald’s Rte. 44 and McDonald’s Rte. 138 site plans were presented for endorsement by Alan Micale, P. E., Ayoub Engineering. Mr. Micale informed the Board that the appeal period expired this day at 4:30 p.m., and by e-mail, dated November 18, 4:33 p.m., the Town Clerk’s office confirmed no appeal was taken on the plans but she was not yet able to sign the plans.
Mr. Micale informed the Board that a special permit hearing with the Board of Appeals will be held to request a larger directional sign for the Rte. 138 McDonald’s. He asked the Planning Board to support the request. After discussion, it was agreed Mrs. Whalley will draft a letter to the Board of Appeals in support.
The site plans were left for signing by the Town Clerk and the Board.
6:05 p. m. – Mill Pond subdivision (located off Mill Street): Craig Horsfall, P.E., Hayward-Boynton & Williams and applicant/owner James Williams appeared before the Board for a status update on the project. Written chronology of the plan from submittal in May 2008 to present was submitted and discussed. Mr. Horsfall noted that interim approval from Natural Heritage for the project has been received.
It was noted no public hearing has been scheduled yet for the plan. The Board and Mr. Williams agreed to an extension of time-to-act. Mr. Williams signed the extension form.
6:10 p.m. – Bella Estates (located off Hill Street): Developer Mike Intoccia appeared before the Board and informed them he is getting ready to start the project. He noted that the Certificate of Action obligated that $48,000 be submitted to the Town before the project obtains a building permit, and $14,000 of that amount has already been submitted. He informed the Board he is trying to obtain only a foundation permit at this time and he cannot obtain full bank financing until the foundation is in place. He asked the Board to consider allowing the foundation permit before the balance of funds is paid to the Town.
Mr. Gallagher informed Mr. Intoccia that no real sewer approval was given for the project. Mr. Intoccia said he was not aware of that and he will look into the matter.
After discussion, Mr. Fountain moved that as requested by Mr. Intoccia, the Board is clarifying that the applicant is allowed to pull a foundation permit without paying the $34,000 owed by the Certificate of Action; however, the building permit for structures is not to be issued until the $34,000 is paid; second by Mr. Gallagher; motion passed by unanimous vote (4-0). Letter will be sent to the Building Commissioner.
Mrs. Whalley asked Mr. Intoccia about an old truck that has been on the site for some time. Mr. Intoccia explained the truck has been removed and the site cleaned up.
6:20 p. m. – Ryan Iron site plan public hearing reconvened. Shane Oates, P. E., Coneco, and applicants Larry Kelly and John Shea were present. Mr. Fountain noted only three Board members were present. Applicants agreed to proceed with the hearing. Correspondence was received from Nitsch Engineering, November 17, 2010; Roger Stolte, October 20, 2010; North Raynham Water District, November 4, 2010;
It was noted this plan is a reduction from three buildings approved by previous site plan to the two buildings as now proposed. No special permit is being requested with the site plan. Project review correspondence, dated November 17, 2010 was received from Nitsch Engineering.
The plan was reviewed. Changes from the previously approved site plan include the two buildings being shifted slightly on the site and a dry detention basin is planned. The project will be sewered, and utilities will be the same as the previous plan. Mr. Oates noted this plan is basically a “toned back” version of the previously approved plan.
Mr. Gallagher stated he was okay with the plan. Waiver requests were discussed. (Mr. Ellis arrived at 6:25 p.m.) It was noted the parking on site will not change. After discussion, Mr. Gallagher moved to approve the waivers as outlined in the November 17, 2010 Nitsch Engineering letter (Nos. 10, 15, 16 & 17) and to reaffirm previous waivers as granted apply to this plan; second by Mr. Fountain. After further discussion, Mr. Gallagher amended the motion to add waiver section numbers 4.10, 5.7.3, 5.7.6 and 5.9; second by Mr. Ellis. Mr. Fountain moved to amend further to state the reason being the Board received photos that are sufficient to show architectural features of the new buildings; second by Mr. Ellis; amended motion passed by unanimous vote (4-0).
Mr. Oates discussed a reduction in submittal fee. He noted over $50,000 was submitted for the previous site plan and a portion of that money was refunded with $17,300 being retained for submittal fees for the first plan. He noted $34,700 has been submitted for this 2-building site plan, and he asked that the previous $17,300 be applied towards this submittal and the difference then reimbursed to the applicant. After discussion, Mr. Gallagher moved to reduce the submittal fee for this site plan by the amount submitted for the first site plan with that amount to be confirmed; second by Mr. Ellis; motion passed unanimously ( 4-0).
Conditions of approval were discussed. Mr. Fountain noted the Board will review and approve signage at a later date. It was noted an ANR plan will be submitted to remove an interim lot line. Standard conditions of approval will apply.
Mr. Fountain moved to approve the “Ryan Iron, Permitting Plans, Development of Map 1/Lot 14 - 1828 Broadway, Raynham, Massachusetts 02767,” dated October 14, 2010, last revised November 10, 2010, subject to waivers and conditions addressed; second by Mr. Driscoll; motion passed by unanimous vote (4-0). Certificate of Action will be issued.
6:43 p.m. - Karen's Way – Developer Steven Hansen appeared before the Board and requested release of road bond and snow plow funds for Karen’s Way, which was accepted at November Special Town Meeting. It was noted a deed must be prepared and submitted at no expense to the Town. After discussion, it was agreed Mr. Hansen will prepare the deed. Mr. Fountain moved that after review and approval of the deed by Mr. Fountain and proof of deed recording provided to the Planning Board office, all money being held for Karen's Way be released; second by Mr. Ellis; motion passed by unanimous vote (4-0).
6:47 p. m. – Village at Foxwoods – Developer Brian Mulligan appeared before the Board and requested release of road bond funds for Village at Foxwoods, which was accepted at November Special Town Meeting. Mr. Mulligan noted he was advised by the Town Administrator to prepare a deed and submit to him. After discussion, it was agreed Mr. Mulligan will prepare a deed and forward to Mr. Fountain for approval. Mr. Fountain moved that after review and approval of the deed by Mr. Fountain and proof of deed recording provided to the Planning Board office, all money being held for Foxwoods be released; second by Mr. Ellis.
Mrs. Whalley noted she was approached at Town Meeting by a member of the Conservation Commission and advised there were a couple of minor issues at Foxwoods but they were okay with the road acceptance. Mr. Mulligan noted he never actually had to file with Conservation Commission but he did and he checked with Conservation Commission but got no feedback on outstanding issues. He said he will comply with the Commission's issues. Vote was taken and the motion passed by unanimous vote (4-0).
Town Planner update: Mrs. Whalley questioned if the Board should amend the subdivision regulations to accommodate changes to state regulations regarding recycled material in pavement. After discussion, the Board agreed their subdivision regulations were adequate but they will take the matter under advisement.
Mrs. Whalley informed the Board she met with reps of Wal-Mart and they advised they are proposing changes to the plan, which they contend will not require plan modification. Changes include moving parking back from the well area, slightly smaller building size and change in the road from Lopes property to Broadway. The Board agreed the change to the Lopes road could be a major modification depending on the design. Mrs. Whalley noted Wal-Mart believes the Certificate of Action (COA) gives them some latitude to make changes without Board approval.
During discussion, it was noted all fees required by the COA must be submitted prior to obtaining a building permit. Taking of land at Center Street by the Town for the proposed light was discussed.
General Business: Mr. Fountain moved to waive the reading and approve the minutes of October 7, October 21, and November 4, 2010, as submitted; second by Mr. Gallagher; motion passed by unanimous vote (4-0).
Letter was received from the Raynham Library thanking Mr. Andrade and Mrs. Whalley for attending their planning meeting.
Mrs. Whalley discussed South Main Street/King Philip Street open space plan. She noted Mr. Pilling was advised at the last meeting to make the plan meet the 5-acre requirement and Mr. Pilling has advised he cannot do that without affecting the wetland/upland square footage area. After discussion, Board members agreed the plan must meet the requirements or go to the Zoning Board for relief.
There was no further business and the meeting adjourned at 7:16 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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