Town of Raynham, MA - Planning Board Minutes April 10, 2008

6:10 p.m. – North Raynham Water District approved site plan (for location off King Philip Street) was submitted for endorsement. After brief review and discussion, the plan was endorsed.

6:15 p.m.- Rte. 44 Toyota Site Plan (1134 – 1154 Rte. 44) public hearing was reconvened. Request to continue the public hearing was received from Leslie Burton, P.E., Fuss & O’Neill. It was noted the Board’s time-to-act on the proposed plan expires on April 14, 2008 and that an extension of the time-to-act was not received. Mr. Fountain moved to deny the site plan modification for Rte. 44 Toyota based on the public hearing not being completed, various information not being received and further that the Board’s time-to-act expires on April 14, 2008; second by Mr. Andrade; motion passed by unanimous vote.

6:22 p.m. – George Estates: Developer Joe Arruda appeared before the Board to discuss lot releases for George Estates (located off Judson Street). He requested the Board hold Lots 5 and 6 in the subdivision as surety guarantee and to reduce the amount of the bond needed for release. He explained that one lot has already been released by the Board and 11 lots are still under covenant. He explained that the road and infrastructure are completed but he is still awaiting approval from the Sewer Department before proceeding with further construction in the subdivision.

Mr. Fountain asked how much of the estimated $272,000 road construction, as detailed in the Nitsch Engineering Construction Cost Estimate, remains to be completed. Mr. Arruda explained that amount is still good because no work has been done in the subdivision since July. Mr. Ellis suggested John Schmid, Nitsch Engineering, update the Board to validate the construction estimate. Mr. McCarthy noted the amounts are likely to increase simply due to inflation.

Mr. Arruda explained the lots will be built with septic systems but when Phase 6 of the sewer lines becomes available, the lots will have to be hooked into the system in accordance with State regulations.

Mr. Andrade noted the Board has never taken lots as sole collateral but they have held lots back from release with additional bond security in place. Mr. Canto noted he does not like to see the Board in the position of holding lots as surety. Mr. Fountain noted the Board would not be taking lots as surety but rather only be releasing some and not all of the lots.

After discussion, the Board agreed they were open to Mr. Arruda’s request and suggested he call John Schmid to get an updated bond estimate. The matter was then tabled to allow Mr. Arruda time to attend the Sewer Commission meeting being held this same night and to return later to update the Board, if possible.

6:35 p.m. – Wildflower Green: Rachel Hartley, 14 Wildflower Green (located off Broadway), appeared before the Board. She explained that she and her husband are selling their house in Wildflower Green and have been informed by their attorney that a covenant was recorded for a commercial project that had been approved years ago for this site. The commercial project was abandoned and never constructed, and the site was eventually approved as a 40B residential development; however, a covenant is still in place at the Registry of Deeds so a lot release is needed for the Hartly property in order for them to proceed with their sale. Mrs. Hartley requested either a Form J or a letter from the Board to release her lot from the previous covenant. After brief discussion, the matter was tabled so Mr. Fountain could review the paperwork.

6:40 p.m. – Campbell Court Subdivision Modification: Developers Frank Campbell and John Noblin appeared before the Board along with Todd Pilling, P.E. to discuss modifying Campbell Court (located off Darrington Drive/Pleasant Street) plan Mr. McCarthy explained the applicants were before the Board to determine what type of plan review will be needed for the proposed modification.

Mr. Pilling explained the approved plan was drawn by HOS Engineering in 1990 and there is very little information on the plan. He noted no construction work of any type has been done for the subdivision and they are now asking for a modification to bring the road to today’s standards. He noted there will be no changes to the approved lot lines or to the road layout.

During discussion, it was noted John Schmid has not yet reviewed the modified plan. Mr. Pilling briefly discussed the drainage and catch basins. He noted a reduction of the pavement width to 24 feet is being sought. Mr. Pilling advised the Board the catch basins will meet required standards and he noted Mr. Schmid is okay with the preliminary concept of the basins at this time.

Mr. McCarthy noted the focus of the modified plan will be on the drainage and the roadway cross section. He noted Roger Stolte had concerns with subgrade road inspections being done so he wants John Schmid to review the borings when done.

6:53 p.m. – Wildflower Green: The matter of the lot release was reconvened. Mr. Fountain moved the Board release the covenant on the plan entitled “Modification Plan Raynham Executive Park,” prepared by Hayward-Boynton & Williams, as recorded in Bristol County Registry of Deeds, Northern District, Plan Book 379, Page 50 and release all lots as the subdivision was never constructed and approve the Form J; second by Mr. Ellis; motion passed by unanimous vote. The Form J was signed and given to Mrs. Hartley.

6:55 p.m. – Determination of Site Plan Approval, 370 Hill Street: Anne Avelino appeared before the Board regarding operating a business from her residence at 370 Hill Street, which is located in a business zone. Ms. Avelino explained that due to illness in her family, she needs to relocate her existing business to her house. She explained that for now, the business at her house will not be open to the public and it will only be her working the business. She noted that in the future, she hopes to expand and add a building for the business.

After review and discussion, the Board agreed that no site plan approval is needed for Ms. Avelino’s project. Mr. Fountain moved that based on the plan presented and based on Anne Avelino’s description of using the existing basement, site plan approval is not required; second by Mr. Ellis; motion passed by unanimous vote.

7:00 p.m. – General Business: Minutes of March 12, 2008, were received. After discussion, Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Ellis; motion passed by unanimous vote.

7:02 p.m. – General Business: Letter dated April 10, 2008 was received from Paul Westcott, 219 Oak Street. Mr. Westcott requested release of the remaining project review funds being held for his subdivision plan (219 Oak Street). Board members agreed Mr. Schmid should conduct a site inspection. After discussion, Mr. Andrade moved to release the balance of funds subject to recommendation from John Schmid, Nitsch Engineering, Inc.; second by Mr. Fountain; motion passed by unanimous vote.

Letter dated April 3, 2008 was received from George Turner, Manager, Alice Development LLC, requesting the Board allow removal of the gate from Lot 5 Forge River site plan.

Mr. McCarthy noted the building is being developed as condo units and the gate is no longer needed because the fenced-in area would be too small. After discussion, Board members were agreeable to the gate being removed if it is not specifically a condition of the Certificate of Action for the site plan.

Mr. McCarthy informed the Board the applicant will be submitting a check for surety so a temporary occupancy permit can be issued. After discussion, Mr. Andrade moved to approve the request to remove the gate and to require a surety check and revised as-built plan before issuance of a temporary occupancy permit for Lot 5, Forge River Parkway.

7:12 p.m. – Town Planner Update: Letter dated April 10, 2008 was received from Town Planner Richard McCarthy recommending the four engineering companies to review Riverfront Estates TDR project to avoid potential conflict for the Board due to the fact that Chairman Dan Andrade has a financial interest in the project. Mr. Andrade then recused himself from this matter.

Mr. McCarthy then requested the Board add the name of Pilling Engineering to the list of recommended engineering firms. Mr. Fountain moved that the Board approve the request to allow the five firms, including Pilling Engineering, to be contacted for proposals to review Riverfront TDR; second by Mr. Ellis; motion passed unanimously with three votes. (Mr. Andrade was recused.)

Letter dated April 10, 2008 was received from Town Planner Richard McCarthy regarding Subdivision Completion Progress. Mr. McCarthy discussed the matter. Mr. Ellis suggested King Estates/Nick Mirrione should also be included in the list of subdivision developers to be contacted. Board members agreed. Mr. McCarthy will follow-up with Mr. Mirrione.

Mr. McCarthy informed the Board that the developer of Whippoorwill Estates advised that he will be completing the subdivision rather than posting additional surety funds.

Mr. McCarthy and the Board discussed the proposed zoning amendments to the overlay district. Amendments to the Water Resource Overlay District map were discussed. Mr. McCarthy noted the map is being changed to coincide with the DEP map and that the Zone II areas will now be “dramatically” reduced.

7:20 p.m. – Plan of Land on Pine Street was received from Carol Sullivan. (Ms. Sullivan was not present.) Mr. McCarthy explained this plan just came out of Land Court after a boundary dispute and was now ready to be endorsed. During review of the plan, it was noted all the lots on the plan had the required frontage and there was no need for a subdivision public hearing. After further discussion, the matter was tabled to allow Mr. McCarthy to determine if town water is available to the lots.

7:26 p.m. - George Estates: Developer Joe Arruda appeared before the Board and informed that he just returned from the Sewer Commission meeting and the Commission gave him approval for four lots to be built, and they will provide a letter so stating. He noted the Board of Health has the results from the perc tests on his lots.

After discussion, the Board agreed to consider release of some of the lots in George Estates (located off Judson Street) that have perced but a surety bond will be needed. Mr. Arruda and the Board discussed the possibility of an insurance bond rather than cash bond. Mr. Arruda said he will investigate an insurance bond and possibly finish some of the road work to lower the bond estimate. Mr. Ellis advised that he runs the risk of some road work needing to be redone prior to Town acceptance.

7:35 p.m. – General Business: Mr. McCarthy informed the Board he will be inviting his Bridgewater State College intern to the Board’s April 24^th meeting to discuss an affordable housing plan. Board members were agreeable.

Mr. McCarthy briefly discussed the Housing Trust Fund being proposed for the Town. He noted Raynham the affordable housing numbers for Raynham may be short in 2010. He noted he saw no negatives to the Town adopting a Housing Trust Fund. He explained that the affordable lots could be created by a developer or a payment in lieu of such lot could be donated to the Fund. Mr. McCarthy advised the Affordable Housing Plan is needed and should be adopted.

Attorney Edmund Brennan, Jr., Taunton, MA, was present for discussion. He noted the regulations are for procedural purposes only and are not put in place to supersede the by-law. Board members agreed.