The Raynham Planning Board meeting of October 25, 2007 opened at 6:12 p.m.
Board members present: Daniel Andrade, Burke Fountain, Chris Gallagher, John Canto
Board members not present: Henry Ellis
Staff present: Administrative Assistant Maureen McKenney, John Schmid, Nitsch Engineering, and Town Planner Richard McCarthy (at 6:45 p.m.)
6:15 p.m. - Carriage Hill Estates (located off King Street): Matt Craviero, owner of Lot 21 in Carriage Hill, appeared before the Board and requested that he be allowed to clear cut additional land beyond the ‘no disturb line’ on his lot. Mr. Craviero explained the length of his house and the location of the driveway necessitate the need for an additional 8,000 square feet to be cut but he will keep between 30 to 40 feet on each side of the property as buffer. Mr. Craviero submitted a letter dated October 12, 2007 from Outback Engineering on the matter.
During discussion, it was noted the ‘no cut line’ is in effect in order to avoid house lots being clear cut but it is a Board policy and not a by-law or regulation. There was also discussion of whether or not the additional cutting would affect the neighbors. After discussion, Board members agreed that because the no-cut line was not a specific condition of approval, they were amenable to the request. Mr. Andrade moved to allow the no-cut line to be located at 30 feet from the side and rear property lines; second by Mr. Fountain; motion passed by unanimous vote.
Correspondence was received from Attorney Jennifer Theroux, Thomas T. Brady, Inc., regarding the $5,000 check submitted for Lot 21 pursuant to the special permit for Carriage Hill Estates. After discussion, the Board directed that instead of signing the documented as requested by Ms. Theroux, a receipt will be sent to her indicating that $5,000 has been received for Lot 21 as stipulated by the Certificate of Action for Carriage Hill Estates.
6:27 p.m. - Forge Knoll Subdivision/Pamela Way (located off South Main Street): Letter dated October 11, 2007 was received from Thomas Armitage, Sr. Project Manager, QBI Homes, requesting bond release for Pamela Way. Mr. McCarthy informed the Board there were outstanding matters still to be resolved at Pamela Way. The matter was tabled to November 8, 2007, 6:20 p.m.
6:29 p.m. - Form A Brookside Circle: Paul Patenaude, Earth Services Corporation, presented the proposed plan to the Board. Mr. Andrade read correspondence dated October 25, 2007, from Raynham Conservation Commission Agent Erika Ueberbacher regarding 81 Brookside Circle. Mr. Gallagher briefly explained the history of Brookside Circle, noting the developer had defaulted and the surety bond was taken by the Town but there are not enough funds to finish the road work. Mr. Patenaude noted Mr. Gallagher was correct about the road. Applicant and owner Rick Mastria was present and he explained there are drainage problems and currently a private developer is trying to find a way to finish the road using the funds the Town is holding.
After review of the plan, Mr. Fountain moved to accept the plan entitled “Plan of Land 81 Brookside Circle Raynham, MA Prepared For Rick Mastria,” dated October 3, 2007, prepared by Earth Services Corporation, as an Approval Not Required plan; second by Mr. Gallagher; motion to approve passed by unanimous vote. Mr. Gallagher endorsed the plan.
6:35 p.m. - 81 Brookside Circle/Mastria Site Plan public hearing was opened. Mr. Gallagher read the hearing notice. Paul Patenaude, P.E., Earth Services, presented the proposed plan to the Board. He explained that an addition for a repair shop for Mastria Buick Pontiac, GMC is planned. He noted there will be no additional impervious surface added to the site, the building will be located within the setbacks and the only additional site lighting will be one wall pak. During discussion, it was noted the project is before the Board as an abbreviated site plan so it was not reviewed by Nitsch Engineering.
Mr. Andrade noted a utility easement will need to be provided, and Mr. Patenaude agreed. After discussion, Mr. Fountain moved to accept with conditions as discussed the abbreviated site plan entitled “Abbreviated Site Plan 81 Brookside Circle Raynham, MA Prepared For Rick Mastria,” prepared by Earth Services Corporation, dated September 24, 2007; second by Mr. Canto; motion passed by unanimous vote. Certificate of Action will be issued.
6:50 p.m. - General Business: Minutes of September 27, 2007 were received. Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Andrade; motion passed by unanimous vote.
Invoices were signed.
Letter dated October 20, 2007 was received from Michael Thiel, developer of Finch Farm Condominiums, requesting the Board’s approval to relocate six trees as shown on a drawing included with the letter. During discussion, it was noted the six trees will be located in the same vicinity as originally planned. After discussion, Mr. Andrade moved to allow Mr. Thiel to plant the trees as requested in his correspondence; second by Mr. Fountain; motion passed by unanimous vote.
Letter dated October 19, 2007 was received from Loughton Construction Co. requesting release of the surety bond for Step By Step Learning Center site plan. Mr. Schmid advised the Board he inspected the site and found bounds were needed and all signage was not in place. After discussion, the Board agreed to notify Loughton Construction of the outstanding issues. No action was taken on the surety release.
Letter dated October 11, 2007 was received from Nick Mirrione, President, Mirrione Realty Corp., regarding King’s Estates and Berry Hill relative to the Board’s July 26, 2007 letter to subdivision developers. Mr. McCarthy informed the Board he had previously spoken with the project manager of Intoccia Construction, owner of several lots in Kings Estates, and he was assured that the area would be cleaned up but since that has not been done to date, he will contact the project manager again.
Project review accounts were discussed. After discussion, Mr. Andrade move to request $5,000 for Carriage Hill Estates project review account and $600 for Forge Knoll/ Pamela Way review account; second by Mr. Fountain; motion passed by unanimous vote.
Town Planner Update: Mr. McCarthy discussed whether or not the Board should require developers of unfinished subdivisions to bring the roads and sidewalks to better standards for safety reasons. Mr. Schmid noted this could mean less work for the Town if a developer were to default on a subdivision and the Town took the project over. Mr. Andrade noted if developers completed work and requested surety funds be released, this could lead to problem later on if there were insufficient funds left in the surety account. Mr. Canto noted there were time limits specified in certificates of action for subdivisions and he suggested these be followed. After discussion, it was agreed Mr. McCarthy will speak to developers about the matter.
7:10 p.m. - Riverfront Estates Preliminary Subdivision Plan (off River Street): The public hearing was opened. (Mr. Andrade left the meeting room.) Mr. Gallagher read the public hearing notice. Attorney Ed Brennan, Taunton, MA, appeared before the Board as petitioner’s representative. Mr. Brennan advised that Mr. Andrade left the room because he has a financial interest in the project. Mr. Brennan, noting that Board member Henry Ellis was not present, requested the public hearing be continued so all Board members could be present for all testimony. Mr. Brennan pointed out the definitive plan for this project will be submitted as a Transfer of Development Rights.
No testimony was taken and the public hearing for Riverfront Estates was continued to November 8, 2007, 7:10 p.m. Mr. Brennan submitted an extension of the Board’s time-to-act.
7:18 p.m. - Mr. Andrade returned to the meeting. The Board discussed their November meeting schedule. It was noted the second meeting fell on Thanksgiving so that meeting is cancelled.
7:20 p.m. - Mill Pond Preliminary Open Space Subdivision Plan (located off Mill Street): The public hearing was opened and Mr. Gallagher read the public hearing notice. Correspondence dated October 23, 2007 was received from Nitsch Engineering and letter dated October 24, 2007 was received from Raynham Historical Commission. Applicant James Williams and Craig Horsfall, P.E., Hayward-Boynton & Williams, appeared before the Board with the plan. Mr. Williams advised the Board that this plan is a resubmittal of the same preliminary plan that was recently withdrawn from consideration.
Mr. Schmid noted there is a small change to the conventional layout portion of the proposed open-space plan and the open space has been reduced to conform more to the by-laws but these changes have no impact on the plan.
Mr. Williams discussed the benefits of the open space, noting there will be less roadway to be maintained, less destruction of land to the abutters, less thru traffic. He noted the pond on the property is not part of the open space land and the pond will not be open to use by the general public.
Board members and Mr. Williams discussed the fact that the proposed plan will need a waiver from maximum length of a dead-end street. Mr. Fountain noted he was concerned with a waiver for road length if the width of the road was also going to be less than required. Mr. Gallagher stated he like the proposed plan. Mr. Canto questioned the difference in the use and size of the open space between the conventional and open space plans. During discussion, Mr. Williams explained the road will be public but the open space area will be kept private. Mr. Gallagher noted there is value in the open space even if it is kept private.
Mr. Andrade questioned whether or not the parcel with the barn is included with the open space, noting that the 15 acres there could not be used to calculate the number of lots available for the open space plan if those acres are not in the open space land. Mr. Williams explained the 15 acre parcel with the barn is not part of the open space land but it is simply one large lot that will not be developable in the future. After discussion, Mr. Andrade stated he was more agreeable to the plan knowing that the large 15 acre parcel is not actual “open space.” Mr. Gallagher noted the proposed entrance will be attractive and the entire subdivision will not be seen from the road.
During discussion, it was noted the lots meet the upland requirements even with the pond calculated as part of the open space area. Mr. McCarthy informed the Board he recently visited the property and found it to be beautiful. The Board discussed the fact that they must determine if the proposed open space plan will be beneficial to the Town before they can grant a special permit for open-space subdivision. Mr. Schmid suggested the development could be kept private if the open space area is private or it could be a public roadway if the open space were to be open to the public.
Board members and Mr. Williams discussed whether or not two affordable units would be provided or payment in lieu of the units would be offered. Mr. McCarthy suggested the existing by-law could be amended to allow payment in lieu of the affordable units being provided as required or applicant could seek a variance. After discussion, Mr. Williams noted he would consider a donation in lieu of the affordable housing lots.
After discussion, the public hearing was continued to November 8, 2007, at 7:30 p.m.
8:30 p.m. - Jess Marie Estates Special Permit public hearing was reconvened. Request for continuance of the public hearing was received from applicant Michael Peterson. After discussion, the hearing was continued to December 13, 2007, 6:30 p.m.
There was no further business and the meeting closed at 8:32 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
Raynham Planning Board
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