The Raynham Planning Board meeting of March 25, 2004 opened at 6:40 p.m. with Daniel Andrade, Burke Fountain, John Canto and Chris Gallagher present.~ Also present was Town Planner Richard McCarthy and Maureen McKenney, Administrative Assistant.
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6:41 p.m.~ Ron Turowetz, Easecat, Inc., appeared before the Board to request a bond reduction for Steeplechase Preserve.~ A Construction Cost Estimate was received from Judith Nitsch Engineering, Inc. (JNEI), dated March 15, 2004, which recommended holding $545,529 as surety.~ After discussion, motion was made pursuant to March 15, 2004 JNEI correspondence to reduce the bond being held for Steeplechase Preserve to $545,529; motion seconded; motion passed by unanimous vote.
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General discussion:~ Board members briefly discussed increasing the upland requirement for lots in the Farm and Forest District.~ It was agreed to prepare an article to do so for the 2004 fall Town Meeting.
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6:50 p.m.~ Minutes of March 11, 2004 were received and then tabled.
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6:51 p.m.~ Attorney Edmund Brennan, Taunton, MA, appeared before the Board and requested a reduction in $11,000 filing fee for Eric and Brenda Easter, for a Definitive Subdivision/ Waiver of Frontage Plan on Prospect Hill Street.~ After discussion, Board members agreed they were amenable to reducing the filing fee but could not do so before the public hearing.~ After discussion, Attorney Brennan agreed to submit the $11,000 filing fee while reserving the right to stop the process if the waiver of fee were not granted.~ The public hearing was scheduled for April 22nd.~ Mr. Fountain noted that he has represented Mr. Peters, Mrs. Easter’s father, so he will not vote on the matter.~~
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7:06 p.m.~ Public hearing for Mello/250R North Main Street was reconvened.~ A request for a continuance was received from James Mello.~ After discussion, the public hearing was continued to June 24, 2004, 7 p.m.~ Mr. Fountain noted that he talked to Attorney Gladstone, who is involved in litigation on this matter, and it is proceeding slowly.
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7:10 p.m.~ Town Planner update:~ Mr. McCarthy informed the Board he has discussed completion of Locust Woods subdivision with the developer but that final work has not been done as promised.~ He noted the as-built plans have not been received.~ After discussion, a motion was made to start the process to pull the Locust Woods surety bond; motion seconded; motion passed by unanimous vote.~ A letter will be sent to the developer informing him he has 45 days to respond and to complete the subdivision or the bond will be pulled.~
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7:15 p.m.~ Public hearing for Munro Electric site plan reconvened.~ Request for a continuance was received.~ After discussion, the public hearing was continued to April 8, 2004, 8:35 p.m.
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7:20 p.m.~ Alan Micale, P.E., Ayoub Engineering, appeared before the Board with a minor modification to the Exxon-Mobil Service Station, Rte. 138, site plan. ~Mr. Micale asked to modify the canopy lighting so it will be flush with the canopy instead of recessed as it was previously approved.~ After discussion, Board members agreed that the canopy lights should either be recessed or shielded.~ Mr. Micale then requested approval for elimination of some concrete between the pump islands.~ After discussion, Board members were agreeable to that request.~ Motion was then made to allow Mobil to eliminate concrete between the pump islands according to the plan submitted, with the detail to be provided, and with conditions as stated on the Certificate of Action and for the canopy lighting to be recessed or shielded; motion seconded; motion passed
by unanimous vote.~
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7:40 p.m.~ Memorandum dated November 25, 2003, from the Raynham Board of Assessors was discussed.~ The Memorandum requested that the Planning Board consider requesting open space in developments to be transferred to the Town to avoid confusion in paying property taxes on the space.~ After discussion, Board members agreed that the open space apportionment for homeowners owing common land should be apportioned and included in the property tax bill and not billed separately.
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7:46 p.m.~ Public hearing for Toyota, Rte. 44, site plan was reconvened.~ Request for a continuance to April 8th~was received.~ After discussion, the hearing was continued to April 22, 2004, 7 p.m., because the agenda for April 8 was full.
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7:51 p.m.~ Letter dated March 19, 2004 was received from Janet Blount, Leonard Street, regarding Finch Farm Condos.~ After discussion, Board members agreed that the issues at the site are deficiencies that could lead to safety problems.~ After further discussion, Board members agreed that the Town never signed off on the pavement and parking area work that was done.
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7:57 p.m.~ The Raynham Corp. site plan that was scheduled for endorsement was not ready; endorsement will be rescheduled.
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General discussion:~ Board members discussed Special Town Employee issue.~ Mr. McCarthy informed the Board that the issue of approving Planning Board members as Special Town Employees was pending before the Selectmen.
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8:05 p.m.~ Paul Westcott, Oak Street, and Attorney Donald McManus, Seekonk, MA, appeared before the Board to discuss Westcott Circle subdivision, which was previously not approved by the Board.~ Attorney McManus noted that an appeal of the denial was filed but that Mr. Westcott would like to submit a revised plan, according to Sec. 5.8.4 of Raynham Planning Board regulations.~ He noted that the Board decision had no specific objections to correct but that changes were made to the plan according to what was discussed at the public hearings.~
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Mr. Andrade explained that the Board had asked Town Counsel for direction in this matter and Town Counsel had advised that the new plan should be refiled for a new public hearing.~ Mr. Fountain read a portion of Town Counsel’s letter explaining that the public hearing process should be followed for a resubmittal.~ Attorney McManus requested a copy of Town Counsel’s correspondence.~ Board members suggested that because the matter is in litigation, Attorney McManus should contact Town Counsel directly for a copy of the correspondence.
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After discussion, Board members agreed that further clarification is needed from Town Counsel on whether or not denial of a plan is the equivalent of a plan failing to carry a motion to approve, as happened with the Westcott Circle plan and also whether or not the Board can share correspondence from Town Counsel with an applicant.~ Letter will be sent to Town Counsel.
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Mr. Fountain asked if Attorney McManus felt the denied plan would be remanded by the Court and Attorney McManus stated it was possible but not probable but he felt that because no reason for denial was given by the Board, a substantial injustice was done.
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After discussion, Board members agreed that Town Counsel’s opinion should be followed and the Westcott plan with the approved waivers should be resubmitted for a public hearing.~~ The Board agreed to waive the filing fees.~
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Attorney McManus asked if he could represent to Town Counsel that the Planning Board was okay with sharing his correspondence; the Board unanimously agreed to that.
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8:25 p.m.~ Scott Faria of Frank Gallagher Engineering and Fred Clark appeared before the Board to discuss modifications to Kings Estates subdivision plan.~ Chris Gallagher noted he will not be voting on the plan.~ It was noted that zoning protection for the plan had expired and it has been reconfigured to meet current zoning.~ Mr. Faria and the Board discussed proposed modifications to the curbing, reduction in sidewalk and elimination of Earl’s Court.~ Mr. Faria noted the developer, Mr. Mirrione, is trying to balance the approved plan with the new Planning Board regulations and zoning.~ Board members noted that Mr. Mirrione had previously indicated that if~a special permit were granted for subdivision phasing he would invest additional funds on improvements to the subdivision.~
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No action was taken.~ Mr. Faria informed the Board the modified plan will be submitted to the Board for approval.
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There was no further business and the meeting ended at 8:48 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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