The Raynham Planning Board held its regular meeting on Thursday, July 22, 2004, at Raynham Town Hall.~ Present were Burke Fountain, Carl Carlson and Chris Gallagher.~ Also present was Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.~ The meeting was called to order at 6:37 p.m.
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6:38 p.m. - Dan Aguiar, Sitec Engineering, presented a Form A plan for land on Carver Street owned by Evelyn and Marie Rapoza.~ Mr. Aguiar reviewed the plan for the Board, noting that 5.6 acres of land were being divided into two house lots, with an existing house on one of the lots.~ After review of the plan, motion was made to approve the plan entitled "Approval Not Required Plan of Land Located In Raynham, MA Prepared for Evelyn & Marie Rapoza," dated May 24, 2004, as a plan not requiring subdivision approval; motion seconded; motion passed by unanimous vote.~ The plan was endorsed.
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6:45 p.m. - Dan Aguiar, Sitec Engineering, presented for endorsement the “Definitive Subdivision Plan of Land Located off Carol Drive in Raynham, MA, Prepared for Easecat, Inc.,” dated May 15, 2003, revised January 20, 2004, prepared by Sitec Engineering.~ He noted there were no outstanding issues.~ Board members reviewed the Certificate of Action.~ Mr. Fountain informed Mr. Aguiar that the plan should not be recorded until the Covenant is recorded so the plan and Covenant can be cross-referenced.~ Mr. Aguiar stated he would assume that responsibility.~ After discussion, the plan was endorsed.~ During discussion, Board members agreed that in the future subdivision plans presented for endorsement should state "Waivers Granted" rather than "Waiver Requests."~ Mr. McCarthy will advise project engineers of this
change.~~
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6:58 p.m. – Waiver of Frontage Plan for Easter-Peters on Prospect Hill Street, dated December 16, 2003, prepared by J.K. Holmgren & Associates, Inc., was submitted for endorsement.~ After review, it was agreed there were no outstanding issues and Board members endorsed the plan.
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General Business:~ Mr. Fountain asked Mr. McCarthy to research the Framingham sign ordinance for the Board.~
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Town Planner update: Mr. McCarthy discussed the fact that Raynham is at the 10% affordable housing requirement.~ He explained he felt the affordable housing section in the Open-Space By-law could be eliminated because it no longer served any purpose.~ He also explained to the Board changes that are pending to amend Chpt. 40B housing, such as counting owner-occupied units twice, counting one-half the number of mobile homes in a town and legislation to designate Planning Boards as the permit granting authority for 40B projects.~ After discussion, Board members agreed to wait until legislative changes are made before taking action to eliminate the affordable housing component of the Open-Space By-law.
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7:00~p.m. - Carver Woods public hearing was reconvened.~ A letter was received from Arthur Borden Associates requesting a continuance of the hearing to August 19, 2004.~ Time-to-act was extended to September 3, 2004.~ After discussion, the public hearing was continued to August 26, 2004, 7 p.m.
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General Business:~ Correspondence was received from Roger Stolte, dated July 14, 2004, regarding the fact that Locust Woods is not completed.~ Board members noted that a letter was sent to developer Russell Grabau in March 2004 to inform him the surety bond will be taken by the Town if the subdivision is not completed; however, no response was received from Mr. Grabau.~ It was noted that the Town is holding approximately $34,000 in surety funds with no funds left in the snowplow account.~ After discussion, motion was made to take the surety funds being held for completion of Locust Woods; motion seconded; motion passed by unanimous vote.~ Letter will be sent to Mr. Grabau informing him of this action.
Memo was received from Town Accountant Nicole Riel indicating that the Planning Board has funds remaining in accounts for installation of traffic lights at Church Street and Rte. 44 and for updating Planning Board Regulations.~ After discussion, it was unanimously agreed to send a letter indicating that both projects are still pending and the accounts should remain open.~
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Letter was received from Attorney Robert Shelmerdene, Sharon, MA, dated July 16, 2004, requesting a bond reduction for Whippoorwill Estates.~ After discussion, Board members agreed the request should be forward to Highway Superintendent Roger Stolte and to Judith Nitsch Engineering, Inc. for their recommendations.
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7:30 p.m. - White Street preliminary subdivision plan hearing was reconvened.~ Project engineers Paul Patenaude and Karen Patenaude were present along with applicant Steven Joyce.~ Mr. Gallagher announced his brother is an abutter to the locus property so he will not be voting on the plan.~ Mr. Patenaude updated the Board on the fact that there was concern about houses being located in the utility easement running through the subdivision.~ He informed the Board he discussed the matter with Building Commissioner Rod Palmer and he felt Mr. Palmer agreed the lots were all buildable.~ A letter dated July 22, 2004 was received from Mr. Palmer on this matter.~ After discussion of the correspondence, Mr. Patenaude stated he felt Mr. Palmer was in error and that there was no problem with the setback on Lot 6 as referred to in Mr. Palmer's recent
letter.~ Mr. Patenaude agreed to discuss the matter further with Mr. Palmer to get clarification.
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Mr. Patenaude stated he wanted to proceed with the open-space plan.~ Mr. McCarthy indicated he would like to see a more creative open-space layout to the plan.~ Mr. Patenaude agreed to reconfigure a better layout.~ He noted the applicant was concerned that trees on the lots not be cut if possible.~ He also noted the open-space plan will better allow for houses to be placed outside of the Edison easement area.
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After discussion, it was agreed that Mr. Patenaude should get a letter of approval from Mr. Palmer for Lot 6 as shown on the plan.~ After discussion Board members agreed an open-space plan was best suited for this property and there was no need to return to the Board with the preliminary plan if Mr. Patenaude resolves his issue re. Lot 6 with the Building Commissioner.~
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7:45 P.M. - Scott Faria, Gallagher Engineering, Foxboro, MA, appeared before the Board with a request for a minor modification to the Kings Estates subdivision plan.~ Letter dated July 14, 2004 was received from Gallagher Engineering requesting an under-drain system be allowed on Baron's Way because of soil conditions.~ Mr. Faria noted that at the July 8, 2004 Planning Board meeting correspondence was received from JNEI regarding the need for the under-drain system and John Schmid, JNEI, approved of the requested modification at that meeting.~ After discussion, Board members agreed they would like approval from Roger Stolte for the proposed modification.~ Mr. McCarthy noted the under-drain system is in the ground now and a soil analysis was done at the site and the results were good.~
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After discussion, motion was made to approve the minor modification as requested subject to approval from Roger Stolte; motion seconded; motion passed with two votes in favor and Mr. Gallagher abstaining.~ The matter will be forwarded to Mr. Stolte.
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There was no further business and the meeting adjourned at 7:50 p.m.
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Respectfully submitted,
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Carl Carlson, Clerk
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