The Raynham Planning Board meeting of Thursday, May 22, 2008, at Raynham Veterans’ Memorial Town Hall, was opened at 6:20 p.m. by Vice-Chairman Burke Fountain.
Board members present: Burke Fountain, Chris Gallagher, Henry Ellis and John Canto (6:28 p.m.)
Board members not present: Daniel Andrade
Staff present: Administrative Assistant Maureen McKenney
6:00 p.m. - General Business: Form A plan was presented on behalf of John Noblin, Raynham, MA (Mr. Noblin was not present.) The plan was reviewed. During discussion, it was noted there is sufficient lot frontage and that the plan was being presented for change of lot lines. It was also noted the lots now conform with DEP standards after the amendments to Raynham Zoning, Article 11, Water Resource Protection Overlay District, passed at the May 2008 Annual Town Meeting.
After review, Mr. Gallagher moved to approve the plan “Plan of Land in Raynham, Massachusetts Prepared For John & Cheryl Noblin,” dated April 11, 2008, prepared by Pilling Engineering Group, Inc.; second by Mr. Ellis; motion passed by unanimous vote (three members). Mr. Gallagher signed the plan. It was noted that Mr. Fountain was not directly involved in this matter with Mr. Noblin.
(Mr. Canto arrived at 6:28 p.m.)
General Business: Town Meeting report was signed.
Invoices from Nitsch Engineering, Inc. for project review services were discussed. It was noted the invoices did not have the itemized detail of services rendered with the invoices as the Board had previously requested. After further discussion, they agreed future invoices should have full itemization to within one-quarter hour with greater itemization. Board members also agreed they would like the travel time expense discontinued and no longer be billed to developers/
applicants.
Board members discussed implementing a rotating system for project reviews with four or five local engineers on a list to provide review services as needed. It was noted that some local firms would not be available for services due to conflict because of their appearances before the Board.
After discussion, the Board agreed to send a letter to Nitsch Engineering requesting they submit future invoices with itemized detail of services provided within one-quarter hour and also the Board would no longer pay travel expenses. Mr. Ellis agreed to draft the letter.
It was agreed the invoices will not be submitted for payment until detail is provided.
6:55 p.m. - Rte. 44 Toyota Site Plan Public Hearing was reconvened. Request for continuance of the hearing was received along with extension of the Board’s time-to-act on the plan.
Mr. Ellis noted the Board previously denied this site plan because applicant or representative was not present at the previous public hearing and the time-to-act was due to expire. During discussion, it was noted the Certificate of Action for the denial was to be prepared and filed with the Town Clerk’s office and applicant will be advised to refile the application if they desire to do so. The Board agreed the denial could be rescinded at a later public hearing if the Board determined that was proper action to take.
6:58 p.m. - Riverfront Estates Transfer of Development Rights (TDR) subdivision plan: the public hearing was opened. Mr. Gallagher read the hearing notice. Attorney Edmund Brennan, Taunton, MA, appeared before the Board on behalf of applicant.
Mr. Ellis announced that he has represented Bristol County Savings Bank in the past and they are financing this project. He stated he has no conflict with the particular location and he wanted to be on the record with the information.
Attorney Brennan informed the Board the plan has not been reviewed yet and the Board will tonight be choosing a project reviewer from the two proposals submitted. Attorney Brennan noted he believes there are 12 lots available for the plan. He then discussed the fact that this site is schedule for Phase VI of municipal sewer line construction, which is on hold until DEP approval is received. Attorney Brennan asked what significance the Board placed on installation of the sewer line and whether or not they would consider the plan viable if the sewer is determined to not be available until some future time. He noted that because of the time and expense involved, the plan could not proceed if the Board determined the TDR could not be approved until sewer is available, and in that event, a conventional subdivision plan
would be considered as an alternative.
Attorney Brennan stated that if the plan needed to have sewer lines in place, he felt this would be exceeding the TDR by-law as written. He noted all the subdivision lots will not perc but the developer could run a private, pressure sewer line without waiting for the Town sewer.
Mr. Ellis noted the locus property was one of the last pieces of property in Raynham worth saving and he would try to accommodate the plan. Mr. Gallagher stated he was concerned with holding to the regulations as the Board had with other applicants, such as Williams. Mr. Fountain agreed with Mr. Gallagher, and he felt the Board owed it to the integrity of the by-law that the applicant would have to prove the lots could be built by conventional plan before a TDR could be approved.
Mr. Ellis stated he would be satisfied with a letter from the Sewer Commission stating they were agreeable to the applicant providing a private sewer line at his own expense. Mr. Fountain stated he wanted to see cost figures regarding installation of a private sewer line before he made his determination. Mr. Canto noted it was for more an issue of practicality that the Board would need to see if the lots could be built on based on the current and not future regulations. After discussion, Board members agreed they needed documentation from the Sewer Commission regarding the private sewer line issue.
Board members agreed they would consider the cost of sewer line versus the number of buildable lots in order to determine the number of TDR lots they could approve.
The Board then discussed the proposals submitted by E.T. Engineering, Inc., Bridgewater, MA, and Pilling Engineering Group, Inc., Brockton, MA, for project review services for Riverfront Estates. It was noted the submittals were comparable within $300 to $400 for services. Mr. Gallagher noted he has worked with both firms in the past and they were both good. He noted E.T. Engineering has been in business for 20 to 30 years and the principle is well-versed in wetland issues. He further noted Pilling Engineering is a younger firm that does quality work. Mr. Canto and Mr. Ellis both stated they agreed with Mr. Gallagher’s opinion of the firms.
After discussion, Mr. Fountain moved to chose E.T. Engineering, Bridgewater, MA, as project reviewer for Riverfront Estates; second by Mr. Ellis; motion passed by unanimous vote.
The Board agreed to notify E.T. Engineering and to also send a letter to Pilling Engineering thanking them for their proposal and advising them they will be considered for the Board’s list of firms to review projects in the future.
The public hearing for Riverfront Estates was continued to June 12, 2008, 6:50 p.m. Mr. Ellis noted he will not be present at that meeting.
General Business: Memorandum dated May 22, 2008, from Nitsch Engineering regarding Campbell Court was received and discussed. No action was taken.
Letter dated May 19, 2008, from Attorney Robert A. Shelmerdine, Sharon, MA, regarding Whippoorwill Estates was received and discussed. No action was taken.
Copy of letter dated May 13, 2008, from Brian Mulligan to Highway Superintendent Roger Stolte regarding The Village at Foxwoods (located off Carver Street) was received and discussed. No action was taken.
Letter dated May 13, 2008, from Town Counsel Marc Antine regarding George Estates was received and discussed. No action was taken.
Letter dated May 8, 2008, from Attorney David A. Marcelino, Taunton, MA, regarding Carleen Farrington and Terrier Way was received and discussed. No action was taken.
There was no further business, and the meeting adjourned at approximately 7:40 p.m.
Respectfully submitted,
Christopher J. Gallagher
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