The Raynham Planning Board held~its regularly scheduled meeting on Thursday, December 17, 2015, at Raynham Veterans' Memorial Town Hall.~ The meeting was opened at 6:08 p.m. by Chairman Daniel Andrade.
Board members present:~ Daniel Andrade, Burke Fountain, Russell Driscoll, John Teixeira
Board members not present:~ Christopher Gallagher
Staff present:~ John Charbonneau, Town Planner; Maureen McKenney, Administrative Assistant
6:08 p.m. – Form A Riverbrook Drive:~ John McGarry, Superintendent, Raynham Sewer Commission, presented a Form A plan for property on Riverbrook Drive.~ Mr. McGarry explained the purpose of the plan is to create a new parcel on which a sewer pump station will be located.~
After review of the plan, Mr. Fountain moved to approve “Plan~of Property Taking for Proposed River Brook Drive Pump Station Raynham, Massachusetts (Bristol County) Prepared For Town Of Raynham,” dated July 17, 2015, prepared by Reed~Land Surveying, Inc., and to waive the required fee; second by Mr. Driscoll.~ Motion passed 4-0-0.~ Mr. Driscoll signed the plan.
6:15 p.m. – Haynes Group/Paramount Drive & Commerce Way site plan:~ the public hearing was reconvened.~ Scott Faria, P. E., J. K. Holmgren, Brockton, MA, was present.~ Review correspondence, dated December 17, 2015, was received from Nitsch Engineering.~
Mr. Fountain stated that since there are three other voting members present, he can abstain from voting.~
Mr. Faria noted that at the last meeting the applicant contended that no on-site drainage was needed since the business park was approved with full buildout including this property.~ He noted there are catch basins on site that tie into the existing system.~ He noted if the Nitsch report tonight requires on-site drainage, he will request waiver from that requirement
The Nitsch letter was reviewed. Item No. 1 re. Sec. 6.9.7 d 2 – shown on the plan.~ Item No. 2 re. Sec 4.4 – shown on the plan.~ Item No. 3 re. Sec. 4.7 – all on the plan, existing and new.~ Item No. 4 re. Sec. 4.22 – waiver required.~ Mr. Faria submitted letter dated December 17, 2015, listing waiver requests.~ Item No. 5. re. site lighting – 20 ft. height of the poles is shown on the plan with zero spillover.
It was noted the plan was revised prior to the Nitsch comments and some items were either on the plan or waivers are being requested; the plans tonight are dated December 8, 2015.~
Nitsch comments further discussed:~ Item No. 6 – no issues. Item No. 8 – dumpster pad is shown on the plan.~ Item No. 9 – okay.
Mr. Andrade read into the record Mr. Faria’s December 17th waiver request letter. Mr. Fountain stated he will be abstaining from voting because he missed a meeting.
Mr. Andrade moved to approve waivers, as read, from Sec. 4.7, Sec. 4.22, and Sec. 5.3; second by Mr. Driscoll.~ Motion passed 3-1-0.
Mr. Andrade moved to approve plan entitled “Proposed Office & Warehouse Building, Paramount Drive and Commerce Way, Raynham, Massachusetts,” dated November4, 2015, revised December 8, 2015, for Haynes Group; second by Mr. Driscoll.~ Motion passed 3-1-0.~ Certificate of Action will be issued.
6:30 p. m. – Hutch Motorsports, Rte. 44 site plan:~ Owner/applicant David Hutchins was present. ~He submitted an as-built plan for the site.~ He informed the Board that since the last meeting the bollards, granite curbing at entrance and dumpster concrete pads are in place.~
Mr. Andrade said he has seen the site. ~He noted that at the last meeting, the bond amount was reduced to $16,460 with the following items remaining to be done:~ 1 ½ inch pavement top course, stop sign, Cape Cod berm and wooden guardrail.
Copy of e-mail correspondence from~Laurie Bryant, dated December~15, 2015, was received, describing the financial difficulties with the project.~ Mr. Hutchins explained to the Board that he could post $15,000 credit card as security or vehicles but that he is out of liquid funds due to unforeseen expenses.~ Mr. Andrade calculated there is $13,667 in bond items remaining to cover before a temporary certificate of occupancy (CO) can be issued.
Mr. Fountain stated the Town needs the applicant to secure credit and the alternative propositions offered are not viable, and he doesn’t see how the Board can do anything else.
Mr. Teixeira suggested Mr. Hutchins convert his credit card to cash.~ Mr. Hutchins stated they have been trying to do everything correctly but it is becoming difficult at this point.~ He noted they needed to be out of their old place by January 1st and they need to start running the business at the new place.
Mr. Andrade asked if bank commitment letters count as security.~ Mr. Charbonneau stated state law dictates they can be taken.~ Mr. Fountain stated that may be under subdivision law but this is not a subdivision project.~ He suggested applicant could get an insurance bond.
Mr. Charbonneau noted the pavement is not being done until next fall.~ He suggested a strict temporary CO could be issued until proper surety is received and, if not done, a cease and desist could be issued to the site.~ Mr. Andrade commented that the Board has been adamant about bonds being posted before temporary CO’s are issued, citing Wal Mart as an example.
The possibility of getting funds through SEED or Rockland Trust was discussed.~ Mr. Hutchins noted time is his biggest issue right now.
After discussion, it was agreed the surety amount was at the lowest amount it could be.~ Mr. Fountain suggested making a motion to approve a CO being issued before the December 17th meeting if bond is posted.~ Mr. Andrade noted at the last meeting, the Board gave him the authority to inspect the site when ready.
Mr. Fountain moved that if Hutch Motor Sports submits $13,667 cash bond, the Planning Board authorizes the chairman to sign a temporary occupancy permit; second by Mr. Teixeira.~ Motion passed 4-0-0.
6:45 p.m. – Form A Roger’s Way:~ Fred Leroy, Raynham, MA, presented the Form A plan.~ He explained he originally owned 38 acres and was left with 32 acres after selling 6 acres.~ The property had been tied up in Land Court until recently.~~ He originally sold all the land to Mr. and Mrs. Rogers with the understanding that when the property was out of Land Court, all but six acres would be sold back to him for $1.00.~ He further explained the land being sold back to him is to be included back into adjacent 100 acres of unbuildable conservation land.~
Mr. Fountain asked if all this property had been in Land Court; Mr. Leroy stated yes.~ Mr. Fountain asked if the land has been de-registered; Mr. Leroy stated, yes, it took three years.~
Mr. Andrade questioned if the Form A affects a variance, noting a plan for this land was previously presented to the Planning Board to allow one house.~ Mr. Leroy explained the six acres was taken out before the plan for the house plan was presented.~
Mr. Fountain asked if Roger’s Way is a public way; Mr. Leroy stated yes.~ Mr. Andrade said he was not sure that it is.~ Mr. Leroy noted the land is not being built on.~ There was discussion about whether or not there was a variance granted to the property and if it would be affected by the Form A plan.~ The matter was tabled to later in the meeting.
6:55 p.m. Form A White Street:~ Attorney William Rounds, Taunton, MA, presented the Form A plan for property located at~207 White Street. The plan creates two lots from the original parcel.~
Attorney Rounds and the Board reviewed the plan. After review, Mr. Andrade moved to approve “Plan of Land On White Street In Raynham, Massachusetts Prepared For RC Builders, LLC,” prepared by Yarworth Engineering Company, Inc., Norton, MA, dated December 11, 2015, revised December 16, 2015; second by Mr. Driscoll.~ Motion approved 3-1-0 (Mr. Fountain abstaining.)~ Mr. Driscoll signed the plan.
7:01 p.m. – Roger’s Way Form A reconvened.~ The approved subdivision plan for Roger’s Way was reviewed.~ It was noted the requested variance had been denied so there is no issue now.~ It was noted there is a conservation restriction shown on the plan.
After review of both plans, the Board agreed they are consistent.~ Mr. Fountain moved to approve “Plan of Land~Division Rogers Way Raynham, MA Surveyed For Rebecca & Michael Rogers,” prepared by Ribelin Land Surveyors, Inc. So. Easton, MA, dated December 2, 2015, as an ANR plan; second by Mr. Driscoll.~ Motion passed 4-0-0.~ Mr. Driscoll signed the plan.
Town Planner update:
- Plans for Rte. 138 reconstruction are moving forward.~ The scope of improvements is now all the way to the Easton line.~
- Mass DOT will meet with Towns in January for TIP program.
- There is some surveying activity at the site of a possible CVS on Rte. 138.~ It was noted that retail use is not allowed in Designated Development District unless granted a special permit by the Zoning Board.~
- Invoices were signed.~ No minutes were submitted.
- Memo dated De cember~14, 2015, was received from Mr. Charbonneau informing the Board he is resigning effective December 25, 2015.~ Mr. Andrade said he was sorry to hear that.~ He noted there have been three different town planners since he has been on the Board and transitions can be unsettling.~ He asked that the files be in order and that computer files are backed up.~ Mr. Charbonneau stated he incorporated all planner files on his computer.~ Mr. Andrade said he will be in the office next week to become familiar with files.~ He thanked Mr. Charbonneau and wished him well.
- John Teixeira noted he received an e-mail from Mr. Charbonneau regarding issues at Ryan’s Amusement on Rte. 44.~ He asked if they were coming before the Board.~ Mr. Andrade discussed the entrance, the sidewalks and bollards at the site, noting the Board approved a plan for those issues, and it is up to Ryan’s to complete as approved.~~ It was noted there was no official site plan review but the Board had approved a plan with changes.~ Mr. Andrade noted it will be up to the Building Inspector to make sure all items as completed as approved by the Board.
- Mr. Teixeira submitted a SRPEDD data brochure to be added to the SRPEDD file.
- Mr. Driscoll asked the status of Mr. Harris and Bassett Knoll Estates.~ Mr. Charbonneau explained he, Steve Ventresca and Ed Buckley inspected the site and work was proceeding okay so there is no need for cease and desist order.
Mr. Andrade moved to adjourn the meeting; second Mr. Teixeira; motion passed 4-0-0.
The meeting ended at 7:30 p.m.
Russell Driscoll, Clerk