Planning Board meeting of April 26, 2007 was called to order at 6:10 p.m.
Board members present: Daniel Andrade, Burke Fountain, Chris Gallagher, John Canto, and Henry Ellis
Not Present: Town Planner Richard McCarthy
Also present: Administrative Assistant Maureen McKenney
6:10 p.m. - General Business: Minutes of April 12, 2007 were received. Mr. Fountain moved to approve the minutes and waive the reading; second by Mr. Gallagher; motion passed by unanimous vote.
General Business: Mr. Fountain informed the Board he will not be at the May 24, 22007 meeting. Mr. Ellis noted he will not be present either. After discussion, Board members agreed to decide on the agenda for May 24th at the Board’s meeting on May 10th.
General Business: Memorandum from Nitsch Engineering regarding Harry's Auto Body (679 South Street West) site plan was received. After discussion, the Board agreed to send a letter to Harry's Auto Body asking them to submit a written request to the Planning Board if they intend to keep propane on site as noted in the Nitsch memo.
Correspondence: Letter dated April 13, 2007 received from Highway Superintendent Roger Stolte advising the Board that Rolling Brook Estates is ready for Town acceptance. Mr. Fountain moved to recommend Rolling Brook Estates as a Town roadway based on the April 13, 2007 Roger Stolte letter; second by Mr. Gallagher; motion passed by unanimous vote.
Correspondence: Letter dated April 13, 2007 received from Highway Superintendent Roger Stolte recommending Town acceptance of Finch Farm roadways. Mr. Fountain moved, with second by Mr. Gallagher, to recommend acceptance of Finch Farm roadways as Town road; motion passed by unanimous vote.
General Business: Hill Street Drainage Study Report, prepared by Sitec, Inc., Dartmouth, MA, was received. Discussion on the report was tabled to May 10th meeting. Board members requested a copy be sent to Highway Superintendent Roger Stolte. They agreed to invite Mr. Stolte to the May 10th meeting to discuss the report.
6:26 p.m. - Form A for land on Broadway owned by Prospect Leasing was received. Mr. Gallagher briefly discussed the history of the property. During discussion of the plan, it was noted there is land being deeded to North Raynham Water District and parcel B on the plan is going to Wal-Mart. After review of the plan, Mr. Fountain moved to accept the "Plan of Land In Raynham, MA Prepared For Bohler Engineering P.C.," dated March 14, 2007, prepared by Hayward-Boynton & Williams, Inc., as an Approval Not Required plan; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher signed the plan.
6:32 p.m. - Awais Farms subdivision (off Bridge Street): The public hearing was reconvened. Attorney Philip Nessralla, Jr., Brockton, MA, appeared before the Board on behalf of applicants. The Board informed Attorney Nessralla they received a letter dated April 23, 2007 from Town Counsel Marc Antine regarding the fact that the variance granted to the locus property was not recorded.
During discussion of Attorney Antine's correspondence, Mr. Ellis suggested the Board conduct an evidentiary hearing regarding the issue of the applicant and/or the previous owner knowing about the variance granted the property. Discussion followed regarding how to procedurally handle the matter.
Mr. Fountain suggested the Board request certification from Attorney Nessralla regarding the property title search and also request an affidavit under pains and penalty of perjury from the owners regarding their knowledge of the variance. Mr. Ellis stated he was not certain that would be adequate. He noted he would like to talk to the owners in person and see a copy of the purchase and sales agreement for the land.
Mr. Gallagher noted he agreed with Mr. Fountain in requesting an affidavit from the present owners. He also noted the Board was not yet at the point where they could discuss drainage and design issues because there is a legal issue at hand.
Attorney Nessralla stated he understood that drainage and design would not be discussed tonight. He stated he concurred with Mr. Fountain on how to handle the matter. He noted the minimum obligation of the applicant is to give a sworn affidavit. He informed the Board he will submit an affidavit regarding the property title search and the fact that the firm that did the title search found no variance recorded. During discussion, it was noted Attorney Nessralla was not involved in this subdivision process until a few months ago.
Mr. Gallagher noted no building permit should have been issued without the variance being recorded.
Mr. Fountain noted he would like to see a chain of ownership for the locus property. Mr. Gallagher stated that if anyone in the audience had contrary evidence, the onus was on them to present it to the Board.
Mr. Andrade asked if anyone present had any information to present to the Board regarding the matter.
Robert Sidlauskas, 20 Bridge Street, addressed the Board and informed them he went to the Registry of Deeds and found the recorded document in question. He submitted a copy of it to the Board.
Mr. Ellis reviewed the document. He asked Attorney Nessralla if the property was previously owned by Lynnebrook Realty Trust; Attorney Nessralla stated he did not know. Mr. Ellis asked if the property was about 12 acres and Attorney Nessralla stated yes.
Wendy Sidlauskas, 20 Bridge Street, informed the Board she found the variance document in the Registry.
Joseph Cardoso, 42 Bridge Street, presented a Town Clerk’s certified copy the variance to the Board.
Mr. Ellis noted the document was recorded in Book 1823, Page 163 on July 14, 1978. He noted if this is the proper land, the matter was done.
Attorney Nessralla noted that sometimes documents at the Registry can be difficult to find because of the way they are filed. He stated he resented any insinuation that he was lying about the matter. He noted a mistake could have been made and the proper document overlooked.
Mr. Andrade informed Mr. Nessralla the Board was not accusing him of lying. Mr. Gallagher noted his family has known the Nessralla family for many years. Mr. Ellis noted the document could have been overlooked because it was in the name of Lynnebrook Realty Trust. He stated the Board was not accusing Attorney Nessralla of lying.
After discussion, the public hearing for Awais Farms was continued to May 10, 2007, 6:25 p.m.
Mrs. Cardoso, 42 Bridge Street, submitted additional copies of recorded documents.
Attorney Nessralla was given a copy of all documents submitted to the Board.
There was no further business and the meeting adjourned at 7:15 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
Raynham Planning Board
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