The Raynham Planning Board meeting of Thursday, August 28, 2008, at Raynham Veterans’ Memorial Town Hall, was opened at 6:04 p.m. by Chairman Daniel Andrade.
Board members present: Daniel Andrade, Burke Fountain, John Canto, Chris Gallagher and Henry Ellis
Staff present: Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney, John Schmid, Nitsch Engineering
6:04 p.m. - Town Planner Update: It was noted this is Mr. McCarthy’s last Board meeting as he is leaving his position as Raynham Town Planner.
Correspondence dated August 28, 2008, regarding Carriage Hill estates was received from Mr. McCarthy. Mr. McCarthy informed the Board the developer indicated he will not increase the amount of the surety bond currently being held for Carriage Hill. Mr. McCarthy further explained there are erosion issues in Carriage Hill estates that need to be taken care of. Mr. Schmid also spoke to the issue of erosion at Carriage Hill. Mr. McCarthy noted in the past there were performance issues related to Carriage Hill and the project should be closely monitored.
Mr. Andrade noted there has been good response from the developers who were contacted regarding completion of their subdivisions for town acceptance and many have indicated they will be moving forward to completion.
Mr. Canto noted it is the Town’s obligation to ensure the subdivisions are properly finished. Board members discussed measures that can be taken to ensure timely completion, such as calling a bond, freezing a building permit, rescinding lot releases. They discussed whether the Board can legally require a developer to increase the amount of surety bond being held if a subdivision is not timely completed and if measures can be taken by the Board if a tripartite agreement is in effect for a subdivision. After discussion, it was agreed to send a letter to Town Counsel regarding the matter of bond increases.
Letter dated August 28, 2008, regarding subdivision status/progress was received from Richard McCarthy. Mr. Schmid informed the Board that he, Highway Superintendent Roger Stolte and Mr. McCarthy met this week to discuss conditions at uncompleted subdivisions. Mr. McCarthy’s discussed his letter updating the Board on the status of the unfinished subdivisions.
Draft letter, dated August 25, 2008, from Richard McCarthy to the Board of Selectmen regarding the unloading of cars at car dealerships directly from Rte. 44 was received and discussed. After discussion, it was agreed the letter will be sent to the Board of Selectmen.
6:21 p.m. Mr. Andrade left the meeting room.
6:22 p.m. – Public hearing for Riverfront Estates TDR plan (off Church Street) was reconvened. Attorney Edmund Brennan, Jr., Taunton, MA, and Paul Patenaude, P.E., Taunton, MA, appeared on behalf of applicant. Attorney Brennan noted Mr. Andrade had left the meeting because of his connection to the subdivision. Attorney Brennan also noted the subdivision plan had been reviewed for the Board by Azu Etoniru, E.T. Engineering, and that Mr. Etoniru was present for discussion.
The following correspondence on Riverfront Estates was received: letter dated August 4, 2008, from Attorney Edmund Brennan, Jr.; letter dated June 19, 2008, from Scott MacFaden, Land Protection Specialist, The Wildlands Trust; letters dated June 16, and May 30, 2008, from Frank Cabral, Raynham Sewer Commission; correspondence dated June 12, 2008, from Azu Etoniru, P.E., E.T. Engineering Enterprises, Inc.; and, letter dated March 20, 2008, from Erika Ueberbacher, Raynham Conservation Commission Agent.
Attorney Brennan updated the Board on the status of the plan. He explained the ConsCom is agreeable to the 12- lot conceptual plan but they are reserving right for further comment; also, the plan went before the Sewer Commission in June and they approved of it with a private pump station and force main provided the applicant install dry pipe line for future Phase VI public sewer. Attorney Brennan discussed the cost of installing sewer lines versus Title V systems, noting the amounts are close with sewer line costing slightly more.
Attorney Brennan stated the applicant has met the burden for 12 TDR subdivision lots pursuant to the zoning by-law, therefore, the applicant should not have to further engineer the plan to the standards of a conventional subdivision plan.
Mr. Gallagher discussed the fact that he believes two lots are questionable for building due to flood plain issues. He noted that two different benchmarks were used on the plan and he questioned why.
Azu Etoniru, P.E., addressed the Board and explained that the standards used on the plan should be consistent and the fact that two benchmarks were used was one reason he questioned the scope of review he should do for the plan. When asked whether 10 or 12 lots were buildable, Mr. Etoniru stated that was the Board’s call.
After discussion, Mr. Gallagher and Mr. Ellis stated they were agreeable to 10 TDR lots being approved for the site. Mr. Canto noted the Board must decide if the TDR is worthwhile for the Town and that he would be agreeable to a cluster plan being done on the site.
The Board and Attorney Brennan discussed the cost of sewer and road construction that would be needed for a conventional plan at this site.
After review of the plan, Mr. Patenaude pointed out where an error had been made in relation to the benchmarks used, and Attorney Brennan stated the plan would be corrected. Attorney Brennan informed the Board that he had gone before the Board of Selectmen regarding this TDR plan about a year and a half ago, and they were “on board” with it.
The Board and Attorney Brennan discussed access to the river and how the TDR plan would benefit the Town. Attorney Brennan agreed to provide a proposed certificate of action for the Board to review and discuss before approval of the plan.
Mr. Fountain asked if there was anyone present who wished to speak on the plan. No one responded.
The public hearing was then continued to September 11, 2008, 6:05 p.m.
7:06 p.m. - Whippoorwill Woods (located off Locust Street) - Wayne Roache, project supervisor for developer Intoccia Construction, appeared before the Board for minor modification of the Whippoorwill Woods plan. Mr. Roache explained he had previously been before the Board to present this proposal to modify the subdivision plan by eliminating a portion of the sidewalk at the cul-de-sac in front of Lot 30 Whippoorwill Woods, and the Board was agreeable with the concept. He explained that constructing the sidewalk in this area was problematic due to sloping and erosion concerns at this lot. He noted there was only a $30 difference between constructing the sidewalk and erecting a retaining wall in its place.
After discussion, Mr. Fountain moved to approve the minor modification for Lot 30 Whippoorwill Woods, to allow the construction of a retaining wall and planted curbing, as shown on the sketches submitted by Mr. Roache, instead of constructing the sidewalk shown on the original subdivision plan; second by Mr. Gallagher; motion passed by unanimous vote (4). Certificate of Action will be issued.
7:10 p.m. - Mr. Andrade returned to the meeting.
7:11 p. m. - Forge River Park - Determination of Site Plan Approval for Lot 4, 104 Forge River Parkway - Attorney John Holgerson, Gay, Gay & Field, Taunton, MA, appeared before the Board along with Arthur Cabral of Art’s Bakery. Attorney Holgerson presented a proposed site plan and explained that Mr. Cabral wished to add eight parking spaces to the existing Art’s Bakery operation at 104 Forge River Parkway. He noted Mr. Cabral seeks to temporarily use this site for retail sales until a new Art’s Bakery is built in Taunton to replace the one that recently burned down.
During discussion of the matter, it was noted Forge River Park is zoned business so retail sales are allowed.
Mr. McCarthy informed the Board that Mr. Cabral was before the Board because he needs a determination as to whether or not site plan review is needed to add the eight parking spaces to the site. He noted the retail sales will be temporary until Art’s Bakery is rebuilt in Taunton.
After discussion, Mr. Gallagher moved that the addition of eight parking spaces at Lot 4 Forge River Parkway, Art’s Bakery, does not require site plan review; second by Mr. Fountain; motion passed by unanimous vote (5). Certificate of Action will be issued.
7:18 p.m. - SRPEDD presentation regarding priority development along the possible commuter rail corridor. Don Sullivan of SRPEDD appeared before the Board and explained that SRPEDD is working with other towns and organizations to determine which areas along the proposed train corridor need protection. Mr. Sullivan presented a color coded map indicating several areas of concern. He explained that the map and supporting study will be valid with or without the train coming through the area. He noted that the Town’s Master Plan was the basis of the map for Raynham areas. He also noted the Conservation Commission was in agreement with the prepared map. It was noted the map was just informational and did not need approval from the Board, and no action
was taken by the Board.
7:33 p.m. - Value Place Hotel, Rte. 138 Site Plan- Christian Moore, MHF Design, appeared before the Board with a proposed minor modification to the Value Place Hotel, Rte. 138, site plan. Mr. Moore informed the Board the modified plan was reviewed and approved by Mass. Highway. He explained the modification to the site plan is necessary because Mass. Highway put restrictions on the drainage system on Rte. 138.
Mr. Moore explained the modification consisted of a sedimentation basin and rock rip rap being used instead of a closed drainage system and closed pipe system at the site.
Mr. Schmid informed the Board he reviewed the proposed modification and found it acceptable as a minor modification.
After discussion, Mr. Fountain moved to approve the minor modification as presented subject to receiving a revised plan and documentation; second by Mr. Ellis. During discussion of the motion, it was noted a plan is in place with Conservation Commission covering their issues of concern. Vote was then taken and the motion passed unanimously (5).
General Business: Letter dated August 2008 was received from George Turner, Manager, Alice Development LLC, requesting release of surety funds and project review funds being held for Lot 5 Forge River Parkway. Mr. Schmid advised the Board he has not conducted a site inspection recently. He advised that he will conduct a site inspection the next time he is in Raynham on business.
Letter dated August 25, 2008 was received from Steven Hansen, President, Hansen Associates, Inc., updating the Board on the status of Karen’s Way. No action was taken.
After discussion, it was agreed that Mr. Schmid will e-mail the Board for approval to conduct site inspections as necessary.
Field Report, dated August 5, 2008, was received from Nitsch Engineering re. Bassett Knolls. No action taken.
There was no further business, and the meeting adjourned at 7:42 p.m.
Raynham Planning Board
Christopher J. Gallagher, Clerk
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