The Raynham Planning Board meeting of Thursday, August 14, 2008, at Raynham Veterans’ Memorial Town Hall, was called to order at 6:14 p.m. by Chairman Daniel Andrade.
Board members present: Daniel Andrade, Burke Fountain and John Canto
Board members not present: Henry Ellis, Chris Gallagher
Staff present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney
6:05 p.m. - Whippoorwill Estates minor modification - Wayne Roache, project manager for developer Intoccia Construction appeared before the Board along with Dean Smith, homeowner on Lot 30, Whippoorwill Drive (located off Locust Street) to present the proposed modification to the subdivision plan.
Mr. McCarthy presented photos of Mr. Smith’s lot for the Board to review. He informed the Board that Mr. Smith and Mr. Roache are requesting the minor modification to allow the sidewalk along the cul-de-sac in front of Mr. Smith’s property to be eliminated from the plan. Mr. McCarthy explained that approximately 100 feet of the sidewalk will be difficult to construct because of the grading along the frontage of the Smith’s lot.
Mr. Canto asked why the grading was not done correctly, noting he had concerns with erosion at the property. Mr. Roache explained the grading could be done but it would move the slope closer to Mr. Smith’s porch.
Board members, Mr. Roache and Mr. Smith discussed construction of a retaining wall along the slope. Mr. McCarthy explained it will be better to leave the slope as is in order to avoid puddling problems at the front of the lot and then put a stone trench at the front property line.
During discussion, it was noted that the sidewalk will be eliminated only at the Smith property. Mr. Andrade noted the sidewalk is meant to be used by all subdivision residents not just one homeowner. Mr. Smith said he was aware of that but he did not want to lose eight feet into his property to correct the sloping problem. During discussion, it was also noted the Smith property was not part of the original subdivision plan and the owners had located and built their house on their own.
Mr. Andrade noted the developer is responsible for cutting the roads and sidewalks in the subdivision. Mr. Fountain stated the best solution would be the retaining wall and the question is who would cover the cost.
After discussion, it was agreed the sidewalk could be eliminated and the cost of the eliminated sidewalk would be put towards stabilizing the front of the property with a retaining wall to avoid erosion and puddling problems.
After discussion, it was agreed the minor modification will be requested in writing with a sketch attached to detail the proposed changes. The matter was tabled to the next meeting.
6:34 p.m. - General Business: The minutes of July 24, 2008 were received. Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Andrade; motion passed by unanimous vote.
6:35 p.m. – Public Hearing for Riverfront Estates TDR Plan (located off Church Street) was reconvened. Mr. Fountain informed the Board he spoke with Attorney Brennan, applicant’s representative, and Attorney Brennan requested a continuance of the public hearing. After discussion, the hearing was continued to August 28, 2008, 6:05 p.m.; second by Mr. Andrade; motion to continue passed by unanimous vote.
6:36 p.m. – King Philip Estates covenant release - Attorney Melinda Kwart, Tedeschi & Percy, appeared before the Board on behalf of property owners at 121 Wampanoag Road. She explained the property had been sold and at that time it was discovered a covenant for this lot was not recorded and a partial Form J for the lot was approved and recorded but it did not include this particular lot. Attorney Kwart requested the Board approve another Form J at this time in order to avoid future title issues for the property.
Mr. Fountain noted the road is now public so a covenant release is no longer needed. After discussion, Mr. Fountain moved to sign the Form J presented by Attorney Kwart to replace the Form J signed by the Planning Board in 1999 but never recorded; second by Mr. Andrade; motion passed by unanimous vote (3). The Form J was signed.
6:42 p.m. – King Estates (located off King Street) - Nick Mirrione, Easton, MA, appeared before the Board to discuss the surety bond being held by the Town for King Estates. He noted the Board had requested that developers either complete their subdivisions or post additional surety funds to cover the escalating road construction costs and that a new Construction Cost Estimate for King Estates was done by Nitsch Engineering. Mr. Mirrione stated he objected to the new estimated construction cost, and he asked the Board to allow the surety bond to remain at the current amount being held.
Mr. McCarthy explained that Nitsch Engineering had inspected several uncompleted subdivisions in town and had updated all the surety bond estimates.
During discussion, it was noted there is a 30% contingency amount built into the surety bonds. Mr. Mirrione noted that insurance companies will renew the existing bonds but do not want to increase the coverage amount. Board members agreed the funds are needed to protect the Town’s interests but they also did not want to unduly burden developers. After discussion, it was agreed Mr. Mirrione will consult with John Schmid and discuss the construction cost numbers in detail.
Mr. Mirrione then updated the Board on the status of Berry Hill ARC (located off Pine Street). He noted that some of the units are selling but due to financial problems and the current economy, he is concerned with increasing the bonds on that subdivision also. He noted the bonds are due to expire, and he will consult with John Schmid on Berry Hill estimates also and return in two weeks for further discussion.
Mr. McCarthy advised the Board that the developer of Evergreen Estates (located off White Street) will be doing more work on the subdivision rather than post additional surety funds.
There was no further business and the meeting closed at approximately 7:00 p.m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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