Planning Board meeting of March 22, 2007 opened at 6:00 p.m.
Board members present: Daniel Andrade, Burke Fountain, Henry Ellis and John Canto
Board members not present: Chris Gallagher
Also present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney
6:00 p.m. - General Business: Minutes of February 22, 2007 were received. Mr. Fountain moved to approve the minutes as submitted and waive the reading; second b y Mr. Ellis; motion passed by unanimous vote.
Letter dated March 22, 2007 was received from Town Administrator Randall Buckner requesting recommendation from the Planning Board for Terrier Way (North Main Street/Tracy's Corner) as a Town road. During discussion, it was noted a Form A plan for Terrier Way was submitted to the Board at their March 8, 2007 meeting; however, the Board had concerns and voted not to sign the plan. Mr. McCarthy explained the plan proposes to create a new roadway off North Main so that two driveways can access North Main Street from the new roadway instead of from their existing driveways on North Main Street. He noted the purpose of the plan is to improve the traffic light situation at the North Main Street/Mill Street intersection.
Board members discussed whether or not to approve the proposed road as a Town road. After discussion, it was agreed the Board could not recommend the roadway as a Town road until as-built plans are reviewed. Mr. Canto suggested the Board could recommend the layout of the plan. Mr. Andrade moved to inform the Selectmen that the Planning Board is in favor of the layout as shown on the plan; second by Mr. Ellis; motion passed by unanimous vote.
Request for release of surety funds for Gatsby Gardens Site Plan was discussed. It was noted the Board is awaiting a letter from the applicant stating the site is in compliance with ADA regulations. The matter was tabled to the next meeting.
Elmwood Estates Subdivision (off Elm Street East): Letter dated March 14, 2007 was received from Richard McCarthy, Town Planner, regarding recommendation of Elmwood Estates/Sunflower Drive as a Town road. During discussion, it was noted that Elmwood Estates is a conventional five-lot subdivision that was approved by the Zoning Board of Appeals during the permitting process for Wildflower Estates 40B development, located off Sunflower Drive. It was noted that Highway Superintendent Roger Stolte oversaw the construction of Elmwood Estates for the Town.
After discussion, Mr. Andrade moved to send a letter to the Selectmen notifying them the Planning Board defers the matter of Town road acceptance for Elmwood Estates to the Zoning Board of Appeals; second by Mr. Fountain; motion passed by unanimous vote. Mr. Canto suggested there should be a street sign in place indicating where the private section of Sunflower Drive 40B development begins. Mr. McCarthy agreed to pass that suggestion along to the proper department.
Letter dated March 16, 2007 was received from Arthur Borden Associates, Raynham, MA, requesting a fee waiver for proposed subdivision for Barrett off South Main Street. After discussion, Board members agreed the proper fees must be filed with the plan and applicant can seek a reduction of the fees during the public hearing process.
6:35 p.m. – Public Hearing for Tree Removal: Raynham Tree Warden Brian Glavin appeared before the Board regarding removal of a hazardous public shade tree at Johnson's Pond. Mr. Glavin explained that in accordance with Mass. General Laws, a public hearing with the Planning Board in attendance must be held before a public shade tree can be removed.
Mr. Gallagher read the public hearing notice into the record. Mr. Glavin noted he posted a copy of the public hearing notice regarding removal of the tree on the tree itself at Johnson's Pond. Mr. Glavin explained the tree in question is a public shade tree and is highly visible near the boat ramp at Johnson's Pond. He noted the tree is old, is rotting and creating problems with the retaining wall at the pond. Mr. Glavin explained the public hearing must be held because the tree is a live shade tree that poses no immediate threat to anyone.
After discussion, Mr. Andrade moved to recommend removal of the shade tree by the tree warden; second by Mr. Ellis; motion passed by unanimous vote.
6:43 p.m. - Form A Tearall Road: Attorney Edmund Brennan, Taunton, MA, and Paul Bumila, Raynham, MA, appeared before the Board with a Form A plan to create one lot on Tearall Road (located off Judson Street). Attorney Brennan discussed the fact that this unpaved section of Tearall Road is a public way not maintained by the Town but it is well documented in Land Court that it is a public roadway. Mr. Fountain asked if Board members agreed with Attorney Brennan on this matter. Mr. Gallagher said he agreed; Mr. Canto suggested a letter should be sought from the Town Clerk verifying it is a Town road. During discussion, it was noted this portion of Tearall Road was not paved during construction of Deer Hollow subdivision because the fire department was not in favor at the time. After discussion,
Board members agreed that Tearall Road is a public way.
Attorney Brennan and Mr. Bumila explained the plan to construct one single-family dwelling on the site. Attorney Brennan noted Mr. Bumila is not proposing paved road improvements but he will provide other infrastructure such as 12-inch water main and sewer stub to his property. Mr. Bumila noted he received input on his plan from all necessary Town departments, ie. police, fire, water, sewer, highway. He noted there will not be any road drainage. Attorney Brennan distributed an informational packet, noting he is asking the Board to determine that the proposed improvements are sufficient for one house only and that other property owners after Mr. Bumila will have to do the same for their sites. Mr. Bumila noted he feels he has done more than is needed for just one house.
Mr. Fountain stated he believes the Town should be improving Tearall Road to town standards and then assess the property owners fairly but that he is okay with what Mr. Bumila is proposing now. The Board discussed whether or not a Certificate of Action will be needed for the record if the Board approves the plan.
During discussion, Attorney Brennan noted Mr. Bumila is putting his own money into a public way and that future applicants with similar plans could be asked to do the same in order to improve the road. Mr. McCarthy agreed Mr. Bumila is making a significant contribution and the next property owner on the road should be asked to make a contribution. During discussion, it was noted Highway Superintendent Roger Stolte is requiring as-built plans from Mr. Bumila for the site. Mr. Andrade noted this plan is a good start towards improvements of Tearall Road.
There was discussion about whether or not septic or sewer would be used on site. Mr. Bumila stated the land percs but he prefers to have sewer to prevent problems.
Mr. Ellis noted the plan seemed good but the Board needed assurance in writing regarding the fact that the improvements being made are for Mr. Bumila's lot only. After discussion, Attorney Brennan agreed to have a note added to the plan regarding the Planning Board's determination along with letters from other town departments regarding their conditions for approval of the plan. The matter was continued to the next meeting. Attorney Brennan agreed to extend the Board's time-to-act on the Form A plan to May 31, 2007.
7:25 p.m. - General Business: Memorandum dated February 23, 2007 was received from Nitsch Engineering regarding outstanding issues with the 2 Richard Street site plan. A construction cost estimate was included. The site plan was discussed. It was noted the owner is occupying the site without an occupancy permit. After discussion, Board members agreed to accept the construction cost estimate provided by Nitsch Engineering.
Letter dated March 5, 2007 was received from Attorney David Gay, Taunton, MA, regarding Roger's Way (off North Main Street). No action taken.
Survey was received from SRPEDD. It was agreed Mr. McCarthy will respond.
Correspondence was received from Tighe & Bond regarding pump station sites in Raynham. No action was taken.
7:32 p.m. - Town Planner update: Proposed amendments to the TDR by-law for the annual town meeting were discussed. Mr. McCarthy distributed copies of proposed amendments to the by-law. Attorney Edmund Brennan, Taunton, MA, was present for the discussion. During discussion, Board members agreed that in the by-law there should be examples to clarify the meaning of certain sections of the by-law.
Changes to parking space requirements were discussed. It was agreed that compact space size will be eliminated. Definition for nightclub was discussed. After discussion, it was agreed a 2 - 1 ratio for customer/ parking spaces is appropriate for a nightclub.
Changes to the phasing by-law were discussed. Increase from 7 building permits allowed in 12-month period to 10 permits allowed was discussed. Change from 10% to 20% development rate in subdivision over 105 lots was discussed.
Mr. McCarthy noted there will be no zoning amendments proposed from the Route 138 study committee for this town meeting. Proposed amendment regarding specialty retail stores was briefly discussed.
8:32 p.m. - Evergreen Estates: Steve Joyce appeared before the Board to discuss the performance bond for Evergreen Estates (located off White Street). Mr. McCarthy explained that Town Counsel Marc Antine has advised that surety bonds must be issued for more than a one year period. Mr. Joyce informed the Board that he pulled his bond after the first review by Town Counsel but upon second review of the bond, mistakes were found and Town Counsel has now indicated the bond is not acceptable. Mr. Joyce noted his bond was modeled after the bond approved and accepted for Berry Hill subdivision and his insurance agent has told him bonds cannot be issued for periods longer than one year. Mr. Joyce noted he has submitted a letter from his insurance company stating the bond will be renewed annually and cannot be
cancelled until all the work at the subdivision is completed.
After discussion, Board members agreed they must have Town Counsel's approval of the bond before they can accept it. Mr. Ellis suggested Mr. Joyce have his insurance agent speak directly to Attorney Antine. After discussion, Mr. Ellis moved to sign the Form J releasing all the lots in Evergreen Estates and to hold the Form J in escrow pending approval of the bond from Attorney Anatine; second by Mr. Fountain; motion passed by unanimous vote. The Form J was signed and held.
There was no further business and the meeting adjourned at 8:40 p.m.
Respectfully submitted,
Raynham Planning Board
Chris Gallagher, Clerk
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