The Raynham Planning Board meeting of Thursday, November 13, 2008, at Raynham Veterans’ Memorial Town Hall, was called to order at 6:05 p.m. by Chairman Daniel Andrade.
Board members present: Daniel Andrade, Burke Fountain, John Canto, Chris Gallagher and Henry Ellis.
Board members not present:
Staff present: Administrative Assistant Maureen McKenney
6:05 p.m. - Campbell Court Subdivision (located off Darrington Drive) - Frank Campbell presented a Form J for release of Parcels A & B in Campbell Court. Mr. Fountain noted a Form H-1 Covenant for the lots in Campbell Court was never recorded. Mr. Fountain reviewed the Form J and a Covenant form that were prepared by Mr. Campbell.
After discussion, the Board agreed the Covenant must be recorded before the Form J can be released to Mr. Campbell. Mr. Gallagher moved to approve the Form J subject to the Covenant being recorded, and the Form J is to be held by the Planning Board office until the recording information can be added to it, at which time it will be released to Mr. Campbell for recording; second by Mr. Andrade; motion passed by unanimous vote. The Form J was signed and held in escrow.
6:14 p.m. – Evergreen Estates/Christina’s Path (located off White Street): developer Steve Joyce appeared before the Board and requested an extension of the two-year time period for completion of his subdivision, which will soon expire. Mr. Joyce explained the road is done to the binder course, the curbs are in place and one house is built in the subdivision. He noted he will be installing the sidewalks when all the driveways are in place but due to the current economy, the lots have not sold yet.
During discussion, Board members noted the surety bond for Evergreen Estates will expire in February 2009 and that it must be extended beyond that date and it must remain valid. Mr. Canto moved to extend the time to complete Evergreen Estates for an additional two years subject to the bond being extended and remaining valid; second by Mr. Gallagher; motion passed by unanimous vote. Certificate of Action will be issued.
6 :23 p.m. - 1253 Broadway Site Plan public hearing was opened. Mr. Gallagher read the hearing notice. Applicant Richard Donato appeared before the Board. He presented a letter from Mr. and Mrs. Kudlacik, 1263 Broadway stating they approved of the plan and that they preferred no buffer between their property and Mr. Donato’s.
Mr. Andrade noted the issues the Board is concerned with are parking and the buffer area and that the Board had previously agreed they could not waive the buffer requirement because it is a zoning by-law issue.
Correspondence dated November 10, 2008, for this project was received from Building Commissioner Ed Gardner. Board members further discussed the buffer and whether or not they had the authority to waive it. After discussion, they agreed it is within the Building Commissioner’s authority to determine if the screening is needed.
Mr. Donato said he had no problem providing the buffer and he would do so. Mr. Fountain stated he did not think there is enough space on the plan to provide a buffer. The Board advised Mr. Donato to consult the Building Commissioner.
After review, the Board agreed the parking is okay as shown on the plan.
Mr. Andrade asked if there were any comments or questions from those present. Arthur Benedelli, Superintendent, North Raynham Water District, addressed the Board and advised the applicant there were $3,860 in classification change fees due the District for the project. He provided Mr. Donato with the necessary paperwork for the project.
There were no further comments or questions. Mr. Gallagher moved to approve the Abbreviated Site Plan proposed by Silva Engineering Associates, Inc. for Richard Donato for 1253 Broadway, last revision November 11, 2008; second by Mr. Ellis.
Mr. Canto noted the site access issues are to be worked out with Mass. Highway Department. Mr. Fountain moved to amend the motion to include the condition that site access is subject to Mass. Highway Department and further that the Board was making no determination either way as to Zoning By-laws Section 5.6, screening. Site lighting was discussed. It was agreed the proposed lighting is not detrimental to the area. The motion to amend was seconded by Mr. Ellis; the motion to amend passed by unanimous vote. Vote was then taken on the amended motion and it passed by unanimous vote. Certificate of Action will be issued.
6:40 p.m. - Karen’s Way Subdivision (located off Robinson Street) - developer Steve Hanson appeared before the Board to request a surety bond reduction. Mr. Hansen explained the road is complete and that five houses have been built with four left to be constructed. Memorandum dated November 12, 2008, re. as-built plan inspection and cost to complete the subdivision dated was received from Nitsch Engineering.
Several residents of Karen’s Way were present and expressed support for Mr. Hansen: Charles (last name unknown), 68 Karen’s Way; Pat and Ann Marie Cady, 75 Karen’s Way; Walter Tokarz, 93 Karen’s Way.
After discussion, Mr. Ellis moved to reduce the existing surety bond to $54,218 as recommended by Nitsch Engineering; second by Mr. Fountain; motion passed by unanimous vote.
Mr. Cady asked if the street was considered a Town road yet. The Board informed him it was not.
6:47 p.m. - General Business: Mr. Fountain moved to waive the reading and approve the minutes of October 9, 2008 as submitted; second by Mr. Ellis; motion approved by unanimous vote.
6:48 p.m. - Berry Hill Adult Retirement Community (ARC) (located off Pine Street/Pleasant Street): Correspondence, dated November 4, 2008, was received from Nick Mirrione requesting the Board verify that the original bond for Berry Hill ARC has been incorporated into the second current bond and thus the first bond is no longer needed.
Correspondence, dated November 5, 2008, regarding Berry Hill bond was received from Nitsch Engineering confirming that the amount of the first bond had been incorporated into a second bond. Mr. Fountain moved that based on Nitsch Engineering letter dated November 5, 2008 confirming that the first bond amount was now part of the second bond, the first original bond is no longer required and can be released; second by Mr. Andrade; motion passed by unanimous vote.
Letter dated October 20, 2008 was received from Nick Mirrione requesting he be permitted to modify the form of performance guarantee for Berry Hill ARC by putting some of the previously released lots back under a Covenant rather than increasing the amount of the surety bond. Mr. Mirrione provided a draft Covenant for Lots 14, 15, 16 and 19.
After discussion, the Board agreed that Mr. Mirrione should provide the Board with a properly completed Covenant and a check for $77 so the Covenant can be recorded. Vote on the matter was tabled to the next Board meeting.
7:00 p.m. - General Business: Memo dated November 12, 2008 was received from Nitsch Engineering regarding final inspection conducted for Olson’s Greenhouses, 590 South Street East. After discussion of the memo, it was agreed that Olson’s would be advised that an as-built plan needs to be provided to the Planning Board.
Correspondence dated November 7, 2008 was received from Gregg Conboy, Project Manager, Erland Construction, Inc., requesting release of the surety funds being held for Battery Manufacturing/Electrochem, Rte. 44, site plan. After discussion, the Board agreed to request Nitsch Engineering conduct a site inspection. Matter was tabled to the next meeting.
Letter dated November 5, 2008 was received from Town Administrator Randall Buckner regarding a petition the Board of Selectmen received from Raynham residents of Prospect Hill Street in opposition to Prospect Hill Preserves, a subdivision planned for the Taunton side of Prospect Hill Street. After discussion, no action was taken on the matter.
Letter dated October 29, 2008 was received from Marc Antine regarding Carriage Hill Estates foreclosure notice. After discussion, the Board agreed to consult with Attorney Antine regarding initiating default proceedings for Carriage Hill.
Letter dated November 10, 2008 was received from Daniel Corey, Homestead Drive, regarding concerns he has with the condition of Carriage Hill Estates. After discussion, it was agreed the Board would write Mr. Corey to inform him they will be referring the Carriage Hill Estates matter to Town Counsel.
Letter dated October 22, 2008 was received from Attorney Marc Antine in response to the Board’s inquiry about Subdivision Bonds and Performance Guarantee. After discussion, no action was taken on the matter.
7:20 p. m. - Riverfront Estates TDR Yield Plan – Copy of correspondence, dated October30, 2008, from Scott MacFaden, Land Protection Specialist, to Daniel Andrade was received regarding possibly preserving the Riverfront Estates parcel with the Wildlands Trust. Mr. Andrade noted he had not sought out Mr. MacFaden on the matter but that Mr. MacFaden had contacted him, and Mr. MacFaden explained that the Wildlands Trust would is interested in the property.
7:21 p. m. - Mr. Andrade left the meeting. Board members then reviewed the final draft of the Certificate of Action for the approved Riverfront Estates TDR Yield plan. The proposed conditions of approval were discussed. Mr. Gallagher explained the revisions that were made. After discussion, the Board agreed to accept the final draft.
There was no further business and the meeting adjourned at approximately 7:45 p. m.
Respectfully submitted,
Raynham Planning Board
Christopher J. Gallagher, Clerk
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