The Raynham Planning Board meeting of Thursday, May 8, 2008, at Raynham Veterans’ Memorial Town Hall, was opened at 6:00 p.m. by Chairman Daniel Andrade.
Board members present: Daniel Andrade, Burke Fountain and Chris Gallagher
Board members not present: Henry Ellis, John Canto
Staff present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney
6:00 p.m. - General Business: Reorganization of the Board was discussed. Mr. Fountain moved to keep the officers and delegates the same as previous year with Mr. Andrade as chairman, Mr. Fountain as vice-chairman, Mr. Gallagher as clerk, Mr. Canto as SRPEDD representative and Mr. Ellis as TIF representative; second by Mr. Gallagher; motion passed by unanimous vote.
6:06 p.m. - Town Planner Update: Mr. McCarthy submitted a letter dated May 8, 2008 updating the Board on subdivision completion progress. During discussion of the matter, Mr. Andrade noted that due to the economy, developers may not have funds available for additional surety for their subdivisions and they will instead elect to finish their roadways. He noted the Board seemed to be issuing an ultimatum to them to either finish the road or submit additional surety to cover the increased construction cost of their roads.
Mr. Gallagher noted this situation occurs whenever the economy is bad and the Board has seen it in the past. Mr. Andrade noted the idea behind the letter is good but that some subdivisions may be better not being completed and perhaps they should not be pushed into completion. Mr. Gallagher noted the Board must be careful not to let any bonds expire. Mr. Fountain agreed and noted he was okay with road work being completed.
General Business: Mr. Fountain moved to waive the reading and approve the minutes of March 27, 2008, April 10, 2008 and April 24, 2008 as submitted; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher signed the minutes.
Discussion of the subdivisions continued. Mr. McCarthy noted the Board has only one year after a bond expires to stake claim to the funds. After discussion, it was agreed copies of subdivision surety bonds will be sent to Town Counsel Marc Antine with the request that he get the appropriate bonds extended. It was noted Town Counsel had reviewed the bonds originally for the Board.
6:20 p.m. - George Estates: discussion with Joe Arruda was tabled to await Mr. Arruda’s arrival.
6:21 p.m. - Form A Plan for land on High Ridge Drive, owned by James Williams, was submitted for approval. Mr. Williams explained he was making three lots on High Ridge Drive larger. He noted no land was being taken from the proposed open space land for Mr. Williams’ proposed subdivision off Mill Street. Mr. Williams noted that this Form A will match the subdivision plan. Application and filing fee were in order.
After review of the plan, Mr. Fountain moved to approve the “Plan of Land in Raynham, Massachusetts Owned By James B. & Aimee M. Williams Trs Mill Street Realty Trust,” drawn by Hayward-Boynton & Williams, Taunton, MA, dated May 5, 2008, as an ANR plan; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher signed the plan.
6:28 p.m. - George Estates: Joe Arruda appeared before the Board and presented a Tripartite Agreement for lot releases at George Estates. He noted the agreement was signed by the property owner and the bank. During discussion, it was noted Town Counsel Antine has not reviewed the agreement.
Mr. McCarthy suggested the Board could vote to sing the agreement and hold it in escrow until Attorney Antine’s approval. Mr. Gallagher moved to approve and sign the agreement and hold it pending Attorney Antine’s approval; second by Mr. Fountain; motion passed by unanimous vote. Board members signed the agreement and it was held back.
6:32 p.m. – Public Hearing - Zoning Amendments for May 2008 Town Meeting was opened by Mr. Andrade. Mr. Gallagher read the public hearing notice. Mr. McCarthy submitted a copy of the proposed amended zoning map for the Board’s review.
Mr. Andrade asked if there was anyone present who wished to speak on the matter. Mr. McCarthy stated he was in favor of the amendments. Mr. Gallagher stated he agreed.
Mr. Andrade asked if anyone present was opposed to the amendments. No one responded.
Mr. Gallagher moved to recommend the proposed amendments to Raynham Zoning By-laws, Section 3.1, Establishment of Districts, and Section 11.4.2, Water Resource Protection Overlay District, to the Annual Town Meeting; second by Mr. Fountain; motion passed by unanimous vote.
6:35 p.m. – Amendments to Transfer of Development Rights (TDR) by-law - Public hearing was opened by Mr. Andrade. Mr. Gallagher read the public hearing notice. Mr. Andrade noted the Board had reviewed and discussed the proposed amendments at the last Board meeting. Mr. McCarthy advised that nothing new had been added and these were the same amendments.
Mr. Fountain moved to approve the proposed amendments to the TDR regulations as submitted; second by Mr. Gallagher; motion passed by unanimous vote.
6:40 p.m.- Forge River Park, Lot 5 Site Plan - proposed modification plan was submitted. (Applicant was not present.) Letter dated April 3, 2008 was received from George Turner, Manager, Alice Development, LLC, requesting modification to the site plan by removing the berm and ramp from the approved site plan. Memorandum dated April 1, 2008, regarding the proposed modification, was received from Nitsch Engineering.
Mr. McCarthy and the Board discussed the Memorandum and the plan. During discussion, it was noted cash bond of $3,300 has been posted as surety for a temporary occupancy permit for the site. During discussion, it was also noted that trash from the abutting site (plastic business) has been blowing onto
Lot 5. The Board agreed to review the Certificate of Action for the plastic business at their next meeting.
After discussion, Mr. Fountain moved to approve the minor modifications as proposed on the plan; second by Mr. Andrade; motion passed by unanimous vote.
General Business: Voucher for the release of funds from the Westcott/Oak Street subdivision plan was signed. It was noted the Board voted to release the funds at their last meeting subject to Nitsch Engineering site inspection. Memorandum dated April 29, 2008 was received from Nitsch Engineering advising the bond money may be released.
Letter dated May 5, 2008 received from Steven Hansen, President, Hansen Associates, Inc., re. Karen’s Way. Mr. Hansen advised the Board he is working towards fully completing Karen’s Way. Mr. Gallagher asked if John Schmid of Nitsch Engineering would be reviewing all the subdivisions. After discussion, the Board agreed the subdivisions should be reviewed only for bond updating purposes.
Memorandum dated April 15, 2008 received from Nitsch Engineering re. Whippoorwill Woods, Pheasant Lane drainage modification. Mr. McCarthy informed the Board that he has been in discussion with a homeowner in Whippoorwill who wants to cut down trees near the no-cut area on his property and put a lawn in. During discussion, it was noted the no cut line was put on the plan to discourage cutting into the wooded area but that it was not the Planning Board’s authority to deny the cutting. Mr. McCarthy noted the resident of the lot in question now wants permission to cut. After discussion, the Board agreed that unless drainage issues are involved, the matter is not within their authority or jurisdiction and if a drainage pipe is involved in the matter, they need a drawing to review.
The Board discussed whether or not an easement was granted for access to drainage on this parcel. After further discussion, the Board agreed they were okay with the cutting providing no hard is done to the drainage and provided an easement relative to the drainage is duly recorded.
7:02 p.m. Campbell Court Definitive Subdivision Plan was presented for modification. Todd Pilling, P.E., was present along with developer and property owner Frank Campbell.
Memorandum dated May 6, 2008 re. Campbell Court was received from Nitsch Engineering.
Mr. Pilling discussed the proposed modification. He noted a Stormwater Pollution Prevention Plan is needed. Mr. Pilling and the Board discussed the Nitsch memo. Mr. Pilling advised the proposed modifications will be an improvement from the originally approved plan.
After review and discussion, Mr. Gallagher moved to approve the minor modification to Campbell Court based on Mr. Pilling’s plan and subject to Nitsch Engineering approval of the SWPPP and the OM; second by Mr. Fountain; motion passed by unanimous vote.
There was no further business and the meeting adjourned at approximately 8:00 p.m.
Respectfully submitted,
Raynham Planning Board
Christopher J. Gallagher, Clerk
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