The Raynham Planning Board held a regular meeting on Thursday, December 2, 2010, at Raynham Veterans' Memorial Town Hall. Chairman Daniel Andrade opened the meeting at 6:10 p. m.
Board members present: Daniel Andrade, Burke Fountain, Henry Ellis, Russell Driscoll
Board members not present: Christopher Gallagher
Staff present: Marilyn Whalley, Town Planner, Maureen McKenney, Administrative Assistant
6:11 p. m. – Roger’s Way Extension litigation– discussion was continued to December 16, 2010, at the request of applicant.
6:15 p. m. – Wal Mart, Route 138, Site Plan - Attorney Robert Tuchmann along with Matthew Smith, Bohler Engineering, Ashleigh Tucker, Wal-Mart Design, and James Gallagher, PBZ Architect, appeared before the Board to update the Board on the status of the Route 138 Wal-Mart site plan. Attorney Tuchmann submitted memo re. Wal-Mart/Raynhamn-Permitting Action Items, dated December 2, 2010, detailing conditions of approval. Attorney Tuchmann noted the site plan was approved by the Board in 2005 and the Board’s decision was appealed by an abutter. The appeals process has been resolved in Wal-Mart’s favor and Wal Mart will begin the process of obtaining a building permit. Attorney Tuchmann noted there is the possibility of appeal of the building permit, but a judge in the case
had indicated that further appeal may not be successful. He noted Wal-Mart will be prepared to defend another appeal if necessary.
Attorney Tuchmann explained that changes to the plan required by the Certificate of Action were not made because of the appeal but Wal Mart will now be going forward with making the changes. Attorney Tuchmann explained other changes to the plan include that the Lopes trucks will access the traffic lights through the Wal-Mart access road; there will be two left-turn lanes into the site to satisfy the Mass. DOT concerns; and, a lateral road connection will be made to the adjacent property. He noted the State issued an access permit in 2009 to the site.
Copy of e-mail memo dated November 30, 2010 was received from John Schmid, Nitsch Engineering, regarding the modified Wal-Mart site plan. Mr. Schmid detailed further information he will need from applicant to review the plan. After discussion, it was agreed by the Board and Attorney Tuchmann that Nitsch Engineering will review the plan and advise if the proposed changes are a minor or major modification to the plan. Attorney Tuchmann agreed to contact Nitsch to begin the process. Attorney Tuchmann also informed the Board he recently met with various town departments to update them on the plan.
Arthur Bendenelli, Superintendent, North Raynham Water District, was present. He informed the Board that $400,000 is due the District from Wal-Mart and the District is working with Wal-Mart on the matter. He noted the funds will be going into the District’s reserve account when received.
Ashleigh Tucker introduced himself to the Board as the Wal-Mart representative who will be coordinating the project and will be the contact person.
6:42 p. m. – Mastria/Campbell Court preliminary subdivision plan public hearing was opened. Mr. Ellis read the hearing notice. Paul Patneaude, P.E., and Rick Mastria, Jr., were present. Review correspondence dated December 2, 2010 was received from Nitsch Engineering.
Mr. Patneaude presented the plan and explained that in essence this is a one-lot subdivision with two of the three lots having frontage on Campbell Court and the proposed roadway. He noted the Board of Appeals denied a variance from frontage requirements for the plan. He noted applicant has obtained additional land to meet the right-of-way requirement and is now seeking subdivision approval.
Mr. Patneaude discussed the corner lots, noting that he disagreed with Nitsch’s comments on the issue. Mr. Patneaude noted waivers will be requested for the plan. He explained that the rear lot will have a driveway instead of a full road, the subdivision road/driveway will not be named and the three lots will have Campbell Court addresses.
The Board questioned the present status of Campbell Court and whether or not Form A lots can be approved off a private way. It was noted Campbell Court is paved, utilities are installed, there is one house built and Campbell Court will eventually become a public road. Mr. Patneaude stated the rear lot on his plan will remain private. He noted there are no wetlands on the property.
Board members agreed they had no issues with the requested waivers as they were consistent with waivers granted for other one-lot subdivisions. lanning After discussion, it was agreed Nitsch will need to establish a bond amount for completion of Campbell Court, a soil sample will be needed for the new roadway/driveway and the rear lot must have a visible house number. The Board also agreed they need further information on the legal issue of using Campbell Court as access.
Mr. Patneaude informed the Board that the rear lot is wooded and trees will remain along the roadway/driveway, which will be paved.
The public hearing was continued to December 16, 2010, 615 p. m.
7:25 p. m. – Town Planner update: Memo, dated November 29, 2010, was received from Town Administrator Randall Buckner regarding the Raynham Development Fund. Mrs. Whalley noted a Planning Board representative to the committee overseeing the fund is needed. It was agreed Mr. Andrade will represent the Board. Mr. Ellis is the TIF representative.
Minutes of November 18, 2010 were received. Mr. Fountain moved to waive the reading and accept; second by Mr. Ellis; motion passed by unanimous vote.
7:30 p. m. - King Philip Street/South Main Street open-space subdivision: the Certificate of Action was reviewed by the Board. Parcel A on the plan, easement to the open space, Doris Drive and the need to not waive part of Section 7 for Board signatures on the plan were discussed. After discussion, it was agreed the COA will be amended and submitted for next meeting.
Correspondence, dated November 29, 2010, was received from developer Mark Perron requesting reduction of the bond for Aspen Hollow. It was agreed to ask John Schmid to conduct a site inspection and update the status. Mrs. Whalley informed the Board the homeowners are asking when the road will be completed. It was agreed to request a timetable from Mr. Perron for completion of all remaining work.
Mrs. Whalley informed the Board she discussed the Berry Hill bond with Mr. Antine, and he suggests the bond be called in. She noted the bank now overseeing the project is in agreement. Mrs. Whalley will speak to Attorney Antine and draft a letter for the bond.
Mr. Driscoll questioned if he can participate in the Wal-Mart matter since he was not a member of the Board at the time of approval of the plan. Mr. Ellis stated yes and noted the same applies to him.
There was no further business and the meeting adjourned at approximately 7:45 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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