The Raynham Planning Board met on Thursday, September 11, 2003, at Raynham Town Hall. The meeting was called to order at 6:40 p.m. with Daniel Andrade, Carl Carlson, John Canto, Burke Fountain and Chris Gallagher present. ~Also present were Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.
6:40 p.m. ~General business: Board discussed Board of Appeals Petition No. 690, Byron. ~During discussion it was noted that the Planning Board previously voted to appeal the Board of Appeals decision to grant a variance to Petitioner Byron. ~Mr. Fountain informed the Board that he had met with Town Counsel Marc Antine, Board of Appeals Chairman Robert Newton and Mr. McCarthy to discuss variances. After discussion, motion was made not to pursue an appeal of the Board of Appeals’ decision to grant the variance in Petition No. 690; motion seconded; motion passed with three in favor (Andrade, Carlson, Gallagher) and two opposed (Fountain, Canto). ~After further discussion, it was agreed that Mr. McCarthy will draft a letter to send to the Board of Appeals regarding a possible retreat by-law and variances.
After discussion, it was agreed to send a letter to the Selectmen advising them that Carl Carlson is the Planning Board’s representative to the TIF Committee.
Board members discussed the special meeting that was held at the Raynham Senior Center to present the proposed Adult Retirement Community (ARC) by-law to the public. ~Board members agreed that attendance was good and that the meeting was informative.
7:00 p.m. ~Public hearing for Mello/225R North Main Street opened. Mr. Carlson read the hearing notice. ~Mr. Andrade and Mr. Gallagher announced they would not participate in the hearing and they left the Board for the duration of the hearing. Correspondence dated September 3, 2003 was received from Highway Superintendent Roger Stolte.
George Collins, P.E., Oldstone Engineering, was present as Petitioner’s representative. ~He presented the proposed subdivision/waiver of frontage plan. He gave a brief history of the locus, noting that a frontage variance had been granted and exercised by applicants, the Mellos. Upon question from Mr. Fountain, Mr. Oldstone stated that the lot had been created by deed but not by plan. It was noted that there were several discrepancies in the deed.
Leonard and Michelle Goslin, Raynham, MA, stated they were hoping to purchase the new lot and they were favorable to the plan. Kathleen Mello, Raynham, MA, owner of the land, stated she was in favor of the plan.
Attorney Mark Gladstone, representing abutters Daniel Caldwell and Kerry Galligan, 225 North Main Street, addressed the Board and explained that his clients were against the proposed plan. He noted that his clients believed they had purchased the entire parcel of land when they bought the house at 225 North Main Street. He explained that the proposed plan before the Board was inappropriate in fact and law and the Board should not act on it.
There was discussion about ownership of the proposed new lot. Mr. Fountain noted that this matter might only be resolved in court.
Daniel Andrade, as private citizen, stated that a letter on this matter had previously been received from Town Counsel and that Town Counsel had indicated that if a Waiver of Frontage plan was presented to the Board, it should be acted on. Attorney Gladstone noted that Town Counsel’s letter had also stated that both lots on the plan were not owned by the applicant and that the owner of Lot 2 had not consented to the subdivision/waiver of frontage application. Discussion followed regarding Town Counsel’s correspondence dated March 12, 2003.
After discussion, the public hearing was continued to October 9, 2003, 7 p.m. Outstanding issues to be addressed are clarifying the easements, copies of deeds are needed and an extension of time-to-act is needed.
7:40 p.m. ~Paul Westcott, Oak Street, appeared before the Board and submitted a definitive subdivision plan for two lots on Oak Street. ~Mr. Fountain explained to those present that this was not a hearing but was only a submission. ~Mr. Westcott requested a reduction in the submittal fee. ~After discussion, it was agreed that the appropriate fee must be submitted and that a reduction in the fee could be requested at the public hearing. ~Mr. Westcott submitted fee of $840. ~After discussion, Board members agreed that no review by JNEI would be necessary for the proposed plan. Public hearing date was scheduled for October 9, 2003, 7:30 p.m.
7:45 p.m. ~Attorney Alan~Medeiros, Taunton, MA, appeared before the Board and submitted a Repetitive Petition Application on behalf of Caroline McKenney, 89 Gilmore Street, Raynham. Attorney Medeiros explained that Mrs. McKenney’s husband and son had died recently and she wanted the opportunity to resubmit her variance petition to the Board of Appeals. After discussion, public hearing was scheduled for October 9, 2003, 8 p.m. ~ ~ ~ ~
8:00 p.m. ~William Humphrey appeared before the Board to discuss Rolling Brook/Brook Meadows subdivision. ~Mr. Humphrey requested that the Board establish a surety bond amount. ~A Construction Cost Estimate dated September 5, 2003 was received from JNEI. ~ During discussion Board members agreed that if the applicant submits a bond, Town Counsel must review the bond. ~After discussion, motion was made to accept $237,785 as the bond estimate for Rolling Brook subdivision; motion seconded; motion passed by unanimous vote. ~ After further discussion, Mr. Humphrey agreed to submit $4,000 for the project review account.
8:12 p.m. Attorney Robert Shelmerdine and William Cohen appeared before the Board to discuss Whippoorwill Estates Subdivision. ~Attorney Shelmerdine submitted check for $22,500 for mitigation contribution, $9,375 for retention/detention account, $19,000 snowplow fee, and $13,646 project review fees. ~ Board members and Attorney Shelmerdine discussed the TriPartite agreement that will be accepted as surety by the Board. ~ Mr. McCarthy noted that he had spoken to Town Counsel about the TriPartite agreement and that Town Counsel had indicated that it was okay. After discussion, motion was made in regard to Whippoorwill Estates Realty Trust, the Board to endorse the performance secured by Lender’s Agreement dated September 9, 2003 and to sign the Form J Covenant Release for 18 lots as set forth in covenant restrictions dated
September 11, 2003 subject to the papers being held in the office until Town Counsel has conferred with Richard McCarthy that the agreement is in order and then may, without contact with the Board, release it to applicant and to also get the redline plans; motion seconded; motion passed on unanimous vote. ~The documents were signed by the Board and held in escrow.
8:30 p.m. ~Developer Mike Thiel appeared before the Board to discuss Lots 2 and 3 at Finch Farms condominiums on Leonard Street. ~Correspondence dated September 11, 2003 was received from JNEI. ~Mr. Gallagher noted that he had inspected the site and found that much work had been done. Mr. McCarthy also noted that he did a site inspection with John Schmid of JNEI. ~
Ann Marie Cady, 183 Leonard Street, asked when the swale between Lots 3 and 4 would be completed. ~Mr. Thiel explained that he could not finish the swale until the Board allowed him to proceed with work on Lot 4. ~Landscaping was discussed; it was agreed that it would be done in accordance with the approved plan and would be inspected by JNEI.
Alice Rezendes, 183 Leonard Street, addressed the Board and expressed concerns she had with water problems at her building. After discussion, it was agreed that the water problems would be resolved once all the work is completed. After discussion, motion was made to allow Mr. Thiel to proceed with building permits for Lots 4 and 5; motion seconded; motion passed four in favor and Mr. Carlson abstaining. ~
8:45 p.m. ~Board members discussed the proposed Adult Retirement Community by-law. ~Developer Nick Mirrione, Easton, MA, was present. ~Mr. McCarthy distributed a revised copy of the by-law. ~After discussion of the proposed by-law, Mr. Mirrione stated that he would consult with public safety officials for their input on the proposed by-law. ~
There was no further business and the meeting adjourned at approximately 9:45 p.m.
Respectfully submitted,
Carl Carlson, Clerk ~
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