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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes November 21, 2013
The Raynham Planning Board held a meeting on Thursday, November 21, 2013, at Raynham Veterans' Memorial Town Hall.  Chairman Andrade opened the meeting at 6:10 p.m.

Board members present:  Daniel Andrade, Burke Fountain, Henry Ellis, Russell Driscoll (6:12 p.m.)  

Board members not present:  Christopher Gallagher

Staff present:  John Charbonneau, Director Planning & Community Development; Maureen McKenney, Administrative Assistant

6:10 p. m. – Gatsby Gardens site plan:  Nyles Zager, P.E., Outback Engineering, Middleborough, MA, appeared before the Board to request a bond release for Gatsby Gardens.  Memorandum dated November 5, 2013 was received from Nitsch Engineering stating the site is in substantial compliance with the approved plan.  Mr. Charbonneau informed the Board he viewed the site and found it looks good.

Mr. Ellis moved to release the remaining surety funds being held for Gatsby Gardens pending payment of bills; second by Mr. Andrade; unanimous to approve (3-0).  (Mr. Driscoll arrived.)

6:13 p. m. – Mill Pond subdivision:  Applicant James Williams, Raynham, MA, appeared before the Board to request an extension of the Board's time-to-act on the Mill Pond submittal (letter dated October 28, 2013).  It was noted the plan was officially submitted but a public hearing has not yet been scheduled, at Mr. Williams' request. There was discussion of whether or not Mr. Williams should withdraw the plan until he was ready to proceed.  The Board informed Mr. Williams that they are in the process of revising the fee schedule and the submittal fee will likely be reduced.  After discussion, the matter was tabled to the next meeting so Mr. Williams can consider his options.

6:21 p. m. - Carriage Hill Phase II subdivision:  (Mr. Driscoll stated he is abstaining from the matter.)  Matt Dacey, Champion Builders and John Crowley, V.P. Norwood Bank, were present to request a reduction in the surety being held for the subdivision.  Construction Cost Estimate, dated November 5, 2013, was received from Nitsch Engineering, establishing the amount of $62,070 as the new cost estimate.

Mr. Dacey stated he thought the Nitsch estimate was high.  After discussion, it was agreed the Board would reduce the current bond to the new estimate and Mr. Dacey can request another site inspection to further reduce the surety.  Mr. Ellis moved to reduce the cash bond being held for Carriage Hill Phase II to $62,070 subject to the November 5th Nitsch estimate; second by Mr. Fountain.  Motion passed 3-0 with Mr. Driscoll abstaining.

6:26 p.m. - Public hearing for the Planning Board's fee schedule was opened.  Mr. Ellis read the hearing notice.  The revised fee schedule was discussed.  It was noted that although the Board's revised fees will still be higher than many surrounding towns, the revised fees will be closer to the fees of other towns.  It was agreed the revised fee schedule will be effective January 1, 2014.  After discussion, the hearing was continued to December 5, 2013 in order to include language for an abbreviated/minor site plan fee.

6:35 p.m. - Federal Express site plan modification:  Applicant was not present.  The matter was tabled.

6:36 p.m. – Lincoln Woods:  Matt Kashmanian, Maple Street, appeared before the Board to discuss his concerns with the fact that Lincoln Woods subdivision is not complete.   Mr. Kashmanian noted he was last before the Board on August 15th.  Mr. Kashmanian showed the Board a video (on his phone) of developer Todd Hamilton at the site on August 15th.  Mr. Kashmanian discussed that Mr. Hamilton had previously stated he could not get building permits for remaining lots but permits have since been issued.

Mr. Andrade stated he drove through the subdivision today and found that an old dump truck was gone, there is a house foundation on Lot 1 and the dirt pile is still there.  Mr. Charbonneau noted the dirt pile has gone down a little bit.  

Mr. Andrade discussed the fact that Lincoln Woods is a private way, not a Town way, and when it is ready to be accepted the Town will inspect and address any remaining issues.  Mr. Kashmanian questioned how long it should take to fully complete a house.  Mr. Andrade noted it is not the Board's job to determine how long it should take to construct a house.

Mr. Fountain said he understood Mr. Kashmanian's frustration but the only control the Board has at this point is the bond, and if the matter went to court it would be a slow process.  During discussion, it was noted the Board, as well as the State, has given extensions to the developer to complete the subdivision.

Mr. Charbonneau informed the Board he spoke to Mr. Hamilton and tried to encourage him to finish the work.  He noted there is no permanent sign on Maple Street but he was told it was stolen.  Mr. Andrade noted a letter could be sent to Mr. Hamilton requesting the sign be replaced for safety reasons.  Mr. Andrade noted there is not much work left to be done between the berms and the sidewalk.

Mr. Kashmanian showed another video and discussed his concerns with safety, noting there are many children in the subdivision.  The Board advised they only have say over the road layout and any other issues are a civil matter.  

Mr. Charbonneau noted he spoke to Mr. Hamilton about clearing vegetation and it has been done.  Mr. Kashmanian stated the residents did that work as a group.  

The Board requested that Mr. Charbonneau discuss with the Building Inspector if there are any safety violations on site and also that Mr. Charbonneau send a letter to Mr. Hamilton about the issues raised tonight.  Mr. Kashmanian asked if there will be a time limit for Mr. Hamilton.  Mr. Andrade said there could be on the street sign because of safety issues and they will also request that the work between the berm and curbing be completed before snow falls.

6:57 p.m. - Form A Nottingham Drive:  Cameron and Robin Govonlu appeared before the Board with a Form A for their two-lot property.  Proper application form and fee were submitted.   Mr. Govonlu explained he is not asking to create another buildable lot on the back property but only wants to separate the parcels.  It was noted the back lot has no frontage and is not buildable.

After review of the plan, Mr. Ellis moved to approve the ANR plan entitled "Plan of Land In Raynham, MA. Prepared For Cameron M. & Robin L. Govonlu Prepared By Earth Services,” Taunton, MA, dated November 1, 2013; second by Mr. Driscoll; motion passed by unanimous vote.  The Board signed the plan.

7:07 p. m. – 1746 Broadway:  No one was present and the matter was tabled.

7:08 p. m. - Form A Warren Street West:  Scott Faria, P.E., J. K. Holmgren Engineering, Inc., presented the plan and explained the owner is adding land to the adjacent lot.  Proper submittal form and fee were submitted.  The plan was reviewed.

It was noted the area is zoned Farm and Forest and Lot A meets the requirements.  Mr. Fountain moved to accept the plan entitled "Plan Of Land In Raynham, Bristol Co., MA. Warren Street West,” prepared for RMB Trust, Raynham, MA, last revised date November 19, 2013, as an ANR plan; second by Mr. Driscoll; motion passed by unanimous vote.  The Board signed the plan.

7:17 p. m. - Performance Plus Dog Training Center site plan:  Attorney William Rounds, Taunton, MA, appeared before the Board on behalf of applicant Nancy Droukas, who was also present.  Attorney Rounds explained that the Board issued a 90 day temporary occupancy permit, which expires on December 5th, and applicant is now seeking a final occupancy permit.  He stated the site is doing fine and there are no issues.  

Mr. Andrade noted that Mr. Charbonneau and the Board of Health agent went to the site.  Mr. Charbonneau stated neither of them saw any issues nor were there any complaints received about the site.  

Mr. Ellis noted there was considerable neighborhood concern with the site and asked if letters should be sent to neighbors before a final occupancy is issued.  Mr. Andrade stated no complaints were received.  The issue of noise at night was discussed.  It was noted there are dogs on site overnight but not frequently and they are not let outside at night.    

Nancy Droukas stated she needs the final occupancy permit for her bank and felt it is unfair to make her wait any longer since she has done everything asked of her.  Ms. Droukas noted she is there overnight if necessary so the dogs are not left unattended at night.

After discussion, Mr. Andrade moved to issue a final occupancy permit subject to Mr. Charbonneau calling neighbors to confirm there are no issues; second Mr. Fountain; motion passed by unanimous vote.

7:26 p. m. - Dave Mello of Life Care Center, South Street East, appeared before the Board to discuss adding 15 to 20 parking spaces to the site.  The spaces are needed to accommodate Bristol Plymouth students who frequent the facility.  He noted Building Commissioner Dennis Machado advised him to check with the Board to determine if site plan review is needed.  

During discussion, it was noted the new parking area will be about 100 feet off the wetlands and the ConCom is agreeable to haybales being placed there.  The Board advised Mr. Mello he need only prepare a plan showing the proposed parking spaces, and this could be done using an old plan if one is available.

7:33 p. m. - Lot 10 Forge River Park site plan:  Applicant George Turner was present.  It was noted the site plan has been approved and the Certificate of Action is ready for signature.  Mr. Andrade signed the COA.  

The Board and Mr. Turner discussed a Memorandum dated November 4, 2013 from Mr. Charbonneau regarding an issue with a proposed dwelling at Berry Hill being approximately eight inches from a lot line.  Mr. Turner explained there is an easement in place to address access issues and the lot meets zoning requirements.

After discussion, Mr. Andrade stated Mr. Machado had the Board's blessing on the matter and it need not come before the Board again.

7:40 p. m. - Form A Pleasant Street:  Marcel Masse, Pleasant Street, presented the plan to the Board.  He explained that lot line adjustments were being made between Lots 196B and 196 for the purpose of constructing a barn on placeLot 196B.  Submittal form and fee were submitted.  It was noted the application form was missing one signature from the owner of Lot 196B.

Mr. Fountain moved to accept the "Plan of Land Lot Line Adjustment Owned By John P. Hammet & John P. Hammet and Jennifer Hammet Bristol County 1128 Pleasant Street, Raynham, MA Assessor Map #9, Lot 196 & 196B,” prepared by Tauper Land Survey, Inc., Oxford, MA, dated October 31, 2013, approval subject to Jennifer Hammet signing the application form before the mylar plan is released; second by Mr. Ellis; passed by unanimous vote.  The plan was endorsed and will be held until the signature is obtained.

7:46 p. m. - Wal Mart, Route 138, site plan:  Gary McNaughton, McMahon Associates, Taunton, MA, appeared before the Board to discuss issues at Wal Mart.  Also present was Rob Carlson, Carlson Brothers, general contractor for the entire project, and John Cusick, Bohler Engineering.  

Mr. McNaughton explained that WalMart is working with Mass DOT to finalize road work, including curbing, signal foundations and equipment, and they are working towards the signals operating in February for a March store opening.  He noted Mass. DOT wants the final paving to be done in the spring.  It was noted that the work being finalized now is for the site driveway and King Philip Street, and Center Street intersection is being reviewed by Mass. DOT so it will not be done before March.  Mr. McNaughton noted the conditions of approval do not require lights at Center Street prior to opening but a police detail will be required until the lights go in.

Mr. Andrade stated there is an $800,000 bond being held for the roadwork.  He said he personally spent a lot of time working on the Center Street intersection but the necessary land taking paper work has not been produced yet, and he noted it was unsettling to learn that the general contractor did not know about the Center Street light until recently.  Mr. Andrade stated that any road improvements need to be done prior to opening, except for road top coating, which is not a safety issue.  Mr. Fountain agreed.  Mr. Andrade stated that if there are no traffic lights in place, there will be no temporary occupancy issued.  

Mr. Andrade discussed that the bond may need to be reviewed and restructured to include the Center Street lights.  Mr. McNaughton stated that there will be lights going at Center Street and although they are not on this contract, they are being worked on.

Rob Carlson, Carlson Brothers, addressed the Board.  He discussed the fact that there is not a separate set of traffic lights at the Lopes site entrance but provisions are in place for Lopes to access through the Wal Mart property, if needed.  He noted there will be four traffic lanes from south of Wal Mart to past King Philip Street.   

Mr. McNaughton noted the store is 150,000 square feet in size, including the grocery area, and not the 210,000 square feet size store that was approved.

John Cusick, Bohler Engineering, informed the Board that there is sufficient parking for the site.  He noted Phase I will probably be the only phase built. It was noted the grocery section of the store will be opening when the store opens and there are no plans to expand beyond that.

Mr. Andrade noted the light at Center Street was tied to Phase II and now Phase I and II have run together.  There was discussion that the language on the bond will need to be adjusted to address the Center Street light deadline issue.  Mr. Cusick noted the permit for that light is at DOT now and they hope to start that light roadwork when the plants reopen in April.  Mr. Ellis suggested that no permanent occupancy permit be issued until the Center Street light is installed.

It was agreed that Mr. Charbonneau will review the Certificate of Action and the bond and contact Nitsch to determine if the current bond amount is sufficient.  Mr. McNaughton felt the $800,000 bond amount should be enough.

The Board agreed Nitsch Engineering will conduct the site inspections at Wal Mart for the occupancy permit.

General Business:  Letter dated October 21, 2013 from Beals and Thomas, Inc. regarding invoices was tabled to the next meeting.  Minutes were tabled to the next meeting.

Town Planner update:  

§      Rte. 138 committee held its first meeting recently with new members on the committee.  A second meeting is scheduled for December 9th.

§      Metro West Volkswagen temporary occupancy permit has been extended to 60 days.

§      King Estates - 22 trees have been planted and Mr. Stolte is okay with the locations.  The as-built plan was submitted and King Estates should be ready for acceptance next spring.

§      Beekeeping - Mr. Charbonneau and Board of Health agent David Flaherty are working on a by-law to address concerns with bees in residential neighborhoods.

§      53G accounts - Mr. Charbonneau and Mrs. McKenney are working to return funds to applicant for completed projects.

§      The state Gaming Commission is holding a hearing on December 5th;  Mr. Charbonneau will attend before the Planning Board meeting.

§      Letter dated November 20, 2013 was received from Yiannis Davos informing the Board that work at 855 Broadway has been completed and requesting return of the remaining project funds.  Mr. Andrade noted he drove by the site and found all work was done except for two trees that were dead.  During discussion, it was noted that cars are parking in the fire lane.  Letter will be sent to Mr. Davos advising him of the Board's concerns.  It was agreed to not release project funds at this time.  

There was no further business and the meeting adjourned at 8:35 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

Town of Raynham 558 South Main St., Raynham, MA 02767
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