The Raynham Planning Board held a regularly scheduled meeting on March 12, 2009. The meeting was called to order at 6:05 p. m. by Chairman Daniel Andrade.
Board members present: Daniel Andrade, John Canto, Christopher Gallagher and Henry Ellis (6:10 p. m.).
Board members not present: Burke Fountain
Staff present: Maureen McKenney, Administrative Assistant
6:06 p. m. - Whippoorwill Estates - Attorney Robert Shelmerdine, Sharon, MA, and Bobby Hearn, Intoccia Construction Co., appeared before the Board on behalf of developer Michael Intoccia, Intoccia Construction Co., Inc., to discuss reduction of the surety bond being held for Whippoorwill Estates.
A Construction Cost Estimate, dated March 9, 2009, was received from Nitsch Engineering Co. Attorney Shelmerdine noted there was an increase in the bond amount for Phase V of Whippoorwill Estates, and the applicant was agreeable with the new amount. He noted the construction cost estimates for Phases I through IV have been reduced. Attorney Shelmerdine noted the increase in Phase V was due to inflation and not due to an increase in the work needed to complete the subdivision. He noted the construction cost estimates included contingency amounts.
Attorney Shelmerdine submitted a proposed letter detailing the new bond amounts and the reduction given for each phase of Whippoorwill.
Mr. Canto asked if Phase I and II were complete. Mr. Hearn stated there was mainly cosmetic work to be done and those phases would be ready for the spring Town Meeting acceptance.
Mr. Canto noted a tripartite agreement is in place for Whippoorwill Estates. He asked who the money will be released to. Attorney Shelmerdine noted that in the past the Board advised Mr. Intoccia by letter of the bond reductions with a copy of the letter sent to the bank.
(Mr. Ellis arrived.)
Mr. Andrade moved to approve the bond reduction amounts put forth by Nitsch Engineering in the Construction Cost Estimate dated March 9, 2009; second by Mr. Gallagher; motion passed three votes in favor and Mr. Ellis abstained. Mr. Gallagher signed a letter to Mr. Intoccia informing him of the new bond amounts.
Mr. Andrade advised Attorney Shelmerdine that the Whippoorwill Estates project review account has a negative balance with outstanding invoices due. Mr. Andrade moved to request $2,500 from Michael Intoccia, Intoccia Construction Co., Inc., to replenish the project review account; second by Mr. Ellis; motion passed by unanimous vote. Attorney Shelmerdine agreed to forward a check to the Board.
6:13 p. m. – MORE Grant - The Board discussed allocation of funds from the Carriage Hill road improvement account for use with the MORE Grant. Mr. Andrade updated the Board on the matter. He noted there is presently $75,000 in an escrow account, as a result of a special permit for Carriage Hill, for the Board to use as they deem necessary for road repairs, and the Town is seeking to use $34,000 of those funds towards work to be done through the MORE Grant. Mr. Andrade noted originally the Town planned to use $34,000 given by way of the Bella Estates site plan approval but that $34,000 is not yet available; therefore, the Board needs a mechanism to allot $34,000 from the Carriage Hill account and to have the Bella Estates funds replenish the Carriage Hill account when they are
submitted.
Mr. Gallagher informed the Board he has spoken with Michael Intoccia about this matter, and Mr. Intoccia indicated he was agreeable to amending the Bella Estates’ Certificate of Action, Condition No. 5, which relates to the $34,000 funds to be submitted to the Town.
Mr. Andrade noted he spoke with Conservation Commission Agent Erika Ueberbacher, who is working on the MORE Grant on behalf of the Town, about the use of the $34,000 funds requested for the MORE Grant.
Mr. Andrade explained that at the previous meeting, the Board was concerned that the $34,000 required by the Bella Estates Certificate of Action would not be available for use as the Board wanted so they agreed the Bella Estates Certificate of Action should be modified so the $34,000 would still be submitted and used as needed.
Mr. Andrade moved to approve the request from Ms. Erika Ueberbacher for $34,000 for the MORE Grant subject to receiving a signed and notarized request for minor modification of the Bella Estates site plan Certificate of Action from Michael Intoccia, Intoccia Construction Co., Inc.; second by Mr. Ellis; motion passed by unanimous vote. Board members agreed they will vote to amend the Bella Estates’ Certificate of Action upon receipt of the signed document from Mr. Intoccia.
Minutes of February 26, 2009 were received. Mr. Andrade moved to waive the reading and approve the minutes as submitted; second by Mr. Ellis; motion passed by unanimous vote. Mr. Gallagher signed the minutes.
There was no further business and the meeting adjourned at approximately 6:50 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
|