The Raynham Planning Board meeting of February 8, 2007 was called to order at 6:18 p.m.
Board members present: Burke Fountain, John Canto and Henry Ellis
Not present: Mr. Andrade and Mr. Gallagher
Also present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney
6:18 p.m. - Town Planner Update: Mr. McCarthy informed the Board he had researched the "84R" rule as the Board had previously requested. Mr. Fountain explained that he believes a buildable lot should be permanently protected over and above the eight years protection afforded by state law, especially if the property owner has been paying taxes on his/her buildable lot over the years. During discussion, Mr. Ellis stated he agreed in part but he felt more comfortable with a limit on the number of years for protection, such as 15 years.
Mr. McCarthy discussed the history of changes to buildable lot sizes over the years in Raynham. He stated he felt if there is protection given, it should be for all past non-conforming size lots and not just for a certain few. Mr. Canto noted there are mechanisms already in place whereby a property owner can protect his lot. After discussion, no action was taken on the matter.
Mr. McCarthy discussed the existing Transfer of Development Rights (TDR) by-law. He advised the Board the by-law needs to be amended to include a provision for no restriction on the sending lots until they are actually sent out. During discussion, it was noted the existing by-law has been in effect since 2001 but only three to four people have seriously inquired about utilizing it. Mr. Fountain noted that since none of the inquirers have followed through on the by-laws, it apparently is too strict. Mr. Ellis agreed.
Mr. McCarthy advised he does not have the proposed changes drafted yet. Mr. Canto said he would like to see the TDR by-law from other towns and what, if any, stumbling blocks exist in other areas. Mr. McCarthy will research the matter further.
Correspondence dated February 8, 2007 was received from Town Planner Richard McCarthy regarding Lincoln Woods. Board members and Mr. McCarthy discussed whether or not the remaining lots at Lincoln Woods are buildable. Mr. Fountain suggested John Schmid of Nitsch Engineering and Mr. Stolte conduct a drive-by site inspection to determine the condition of the remaining unbuilt lots. Mr. McCarthy said he will check with Con Com to determine if there are any wetland issues on the lots. No action was taken.
6:45 p.m. - Gatsby Gardens Site Plan (located on Raynham-Taunton line, off Middleboro Ave.): Chris Mather, Project Manager, Bald Eagle Development Corp., appeared before the Board regarding a minor modification for the site plan. He submitted a written detail of the proposed modifications.
Mr. Canto noted he drove by the site and found it to be very nice. Mr. Canto suggested that if Mr. Mather wants to eliminate the sidewalk between the buildings because of the existing sloping, then a sidewalk should be provided along the driveway to connect to the sidewalk on the roadway. Mr. Mather agreed to do this if the Board felt it necessary although he felt it was not a requirement of the plan. Board members and Mr. Mather discussed ADA requirements for the site.
After discussion, Mr. Fountain moved to accept the minor modification as set forth in the undated but now dated February 8, 2007 outline from CR Mather, subject to the development being in total conformity with ADA requirements, the Board retaining the right to review the site lighting and the as-built plan being the final plan of record; second by Mr. Ellis; motion passed by unanimous vote.
6:42 p.m. - Awais Farms Subdivision (located off Bridge Street) - Correspondence, dated February 2, 2007, was received from Tony Esposito, P.E., Outback Engineering, Middleboro, MA, requesting a continuance of the public hearing. An extension of the Board's time-to-act to June 30, 2007 was also received. Mr. Esposito's correspondence noted that applicant’s attorney is researching legal issues related to the plan. Mr. Fountain asked if there were other issues with the plan, and Mr. McCarthy noted there may be other issues with the plan but the legal issue is the main one right now.
After discussion, Mr. Fountain moved to continue the public hearing to April 12, 2007, 6:30 p.m.; second by Mr. Ellis; motion to continue passed by unanimous vote.
General Business: No minutes or invoices were submitted for approval.
Board members discussed the release of surety funds. It was agreed that surety funds must be submitted by check from the applicant and the applicant's federal identification number must be used for the surety account.
Release of funds for Mastria-Nissan site plan was discussed. Board members agreed that they needed authorization for the release of the M.T. Lot LLC surety funds from the applicant, Mr. Mastria.
Correspondence dated February 5, 2007 was received from Robert J. Kelly, requesting release of surety funds for 1950 Broadway site plan. During discussion of the matter, Board members agreed that in the future there should be a 20% contingency for site plan surety funds. After discussion, Mr. Fountain moved that based on the January 24, 2007 Nitsch Engineering memorandum, the Board release any money being held for 1950 Broadway over the amount of $24,619; second by Mr. Ellis. Mr. McCarthy advised the Board it might be worthwhile to have Board of Health confirm there is no odor problem before releasing surety funds. Mr. Fountain moved to modify his motion that release of the funds be done pending written okay from the Board of Health that there are no errant odors coming from the site; second by Mr. Canto; motion to
amend passed by unanimous vote; Mr. Fountain moved to approve the motion as amended; second by Mr. Ellis; motion passed by unanimous vote.
Construction Cost Estimate, dated February 8, 2007, was received from Nitsch Engineering for Ryan Drive site plan modification. Mr. McCarthy noted the estimate was sent to the applicant. No action taken by the Board.
Request for release of surety funds for Gatsby Gardens site plan was discussed. It was agreed to have John Schmid conduct a site visit. The matter was tabled to next meeting.
Mr. McCarthy advised Mr. Ellis he will check on the Route 44 McDonald's dumpster this week and report back to the Board.
Mr. Canto questioned what could be done about zoning violations. After brief discussion, no action was taken.
There was no further business and the meeting ended at approximately 7 p.m.
Respectfully submitted,
Raynham Planning Board
Chris Gallagher, Clerk
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