The Raynham Planning Board held a regularly scheduled meeting on April 23, 2009.
The meeting was called to order at 6:00 p. m. by Chairman Daniel Andrade.
Board members present: Daniel Andrade, John Canto and Henry Ellis
Board members not present: Burke Fountain, Chris Gallagher
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
6:01 p. m - Town Planner Update - Mrs. Whalley informed the Board there will be a meeting of the Open Space Committee on May 5, 2009, and the Board needs to appoint a representative to the committee. Mr. Ellis moved to appoint Mrs. Whalley as the Planning Board’s representative to the Open Space Committee; second by Mr. Canto; motion passed by unanimous vote.
Mrs. Whalley submitted a revised housing plan to the Board for their review. She suggested that at the next meeting, the Board can approve the plan prior to sending it on to the Selectmen.
Mrs. Whalley informed the Board that a Housing Trust was established by Town Meeting in 2008. She noted the funds for such a trust generally comes from development projects and funds given by a developer in lieu of affordable housing lots in a subdivision can be put into the trust account. She explained the Housing Trust funds can be loaned or granted for construction of affordable housing units once the account is established. She explained the Housing Trust must have five trustees, one of which must be a selectman.
Mr. Andrade asked if the $75,000 in the Carriage Hill special permit escrow account can be used for the Housing Trust fund. After discussion, it was agreed Mrs. Whalley will work on setting up the housing trust account and discuss the matter further with the Board of Selectmen.
6:20 p. m. - Public hearing for proposed zoning amendments was opened. Mr. Ellis read the hearing notice for proposed amendments to Raynham Zoning By-laws, Section 3.3 and Section 8.2.
Mrs. Whalley explained the changes are being proposed due to a requirement by FEMA regarding the new flood maps. She noted there is a general language change proposed and that acceptance of the proposed amendments would accept the new flood map delineations. She noted some language in the amendment to Section 8.2 may be further amended at Town Meeting.
Mr. Andrade stated he wanted Mr. Gallagher to review the new flood maps for the Board.
Ed Brennan, 935 King Street, addressed the Board and noted that during approval of the recent Riverfront Estates plan, the floodplain came into question.
After discussion, Mr. Canto moved to approve the proposed language of Section 3.3 and Section 8.2 as described in the amendment; second by Mr. Ellis; motion to approve passed by unanimous vote.
General Business: Mrs. Whalley informed the Board she contacted Kevin Scanlon, Taunton City Planner, regarding engineering review services, and Mr. Scanlon informed her the city of Taunton has a revolving list of project reviewers that they use only for inspectional services. Mrs. Whalley stated Mr. Scanlon recommended an all-in-one package for project review services rather than a revolving list. Mrs. Whalley suggested that is what the Board do.
After discussion, the Board agreed it would be too difficult to hire a reviewer on a project-by-project basis. They requested that Mrs. Whalley prepare a Request For Proposal for one firm to conduct project review services and the proposal should include all criteria for both review and inspectional services in one contract.
Mrs. Whalley distributed copies of “Summary of Draft Planning and Zoning Reform Legislation 12/12/08,” for the Board’s review.
6:33 p. m. - Central Dodge Site Plan: Attorney Edmund Brennan, Taunton, MA, appeared before the Board with Edward Albert, General Manager, to discuss the Central Dodge site plan. Attorney Brennan submitted a letter dated April 23, 2009, in response to project review comments from Nitsch Engineering, dated February 19, 2009. Attorney Brennan discussed the remaining issues on the site plan. He noted the striping in the parking lot and unloading area is not done exactly to plan but the existing striping has been working well for years. He noted the Nitsch correspondence stated the striping was okay as long as the Planning Board was agreeable to it. Attorney Brennan stated there is no unloading of cars onto Route 44.
Mr. Andrade noted he viewed the site today and saw that there was no marking for the on-site unloading area. He instructed the applicant to mark the area.
Edward Albert addressed the Board. He stated that some trucks unload at the front, back and side of the building without any hazards and that the unloading is done away from Route 44 traffic.
Mr. Andrade noted the remaining issues have lingered because little things like painting and striping are not done. He noted the plan was approved as it was for a reason. Mr. Ellis agreed and stated he did not want to waive the striping for the designated unloading area. He instructed the applicant to do the painting as planned.
The berm between the two lots used by Central Dodge was discussed. Attorney Brennan noted the berm is not installed. He asked that the berm be waived because the area is working fine as is and the berm would only impede traffic flow. It was noted Nessrella owns the abutting lot and Central Dodge has a short term lease for it. After discussion, the Board agreed to waive the berm. Mr. Canto stated he had concerns with Nessrella paving the lot resulting in drainage problems. It was noted John Schmid was agreeable to a waiver for the berm.
Site lighting was discussed. Attorney Brennan noted the lights were thought to be overdone. Mrs. Whalley noted that John Schmid thought the lighting on the plan was over-engineered. Mr. Canto asked if there was an as-built plan for the lighting. After discussion, Attorney Brennan agreed to fine-tune the issue and return to the board for a waiver on the lighting. Mr. Ellis stated the Board did not want any light spillage onto Route 44, and if it is okay now then it can be left as is.
Mr. Andrade noted he saw trees planted on the site, and he was okay with the landscaping. Attorney Brennan noted that John Schmid had removed the line item for the trees from the construction cost estimate.
After discussion, it was agreed the dumpster would be enclosed. After discussion, it was agreed the on-site traffic works and additional signage is not necessary. The Board agreed to waive the signage requirement.
Drainage was discussed. Attorney Brennan noted one pipe is protruding in the drainage system due to erosion, and John Schmid wants it repaired. Attorney Brennan stated the repair can be done but the applicant is waiting to hear from Conservation Commission on the matter before the repairs are done.
Attorney Brennan informed the Board the applicant will put the guardrail between the drainage area and the parking lot as requested by John Schmid.
Attorney Brennan requested the Board release all of the site plan surety money in excess of $15,000. Mr. Ellis stated the Board should have correspondence from Nitsch Engineering before releasing funds. Mr. Andrade stated he was okay with releasing some of the funds. After discussion, Mr. Ellis moved to release all funds over $25,000 currently being held for Central Dodge site plan; second by Mr. Canto; motion passed by unanimous vote.
The Board agreed to send Attorney Brennan’s correspondence to Nitsch Engineering for their review. It was agreed the Board had no preference where the unloading area was designated on site.
General Business: Minutes of April 9, 2009 were tabled to the next meeting.
The Board received notice that an extension of variance granted by the Board of Appeals for Aspen Hollow subdivision was being requested because the variance was about to expire. After discussion, it was agreed to send the Board of Appeals a letter objecting to the variance extension because the tripartite surety agreement for Aspen Hollow has expired and has not been replaced by applicant.
Kings Estates bonds were discussed. After discussion, Mr. Ellis moved to find Kings Estates in default because the bond dated August 27, 2008 has expired and the bond dated May 14, 2009 is about to expire and the applicant has not forwarded renewed bonds to the Board; second by Mr. Canto; motion passed by unanimous vote. It was noted Highway Superintendent Roger Stolte should be copied on the default notice.
After discussion, the Board agreed to invite Town Counsel to the next meeting for discussion on surety bonds.
After discussion, Mr. Ellis moved to find Aspen Hollow subdivision in default for lack of a current surety agreement; second by Mr. Canto; motion passed by unanimous vote.
General Business: It was noted the project review account for Whippoorwill Estates is depleted. The Board agreed to send a letter requesting $2,500 for deposit into the Whippoorwill Estates account.
Copy of letter dated April 10, 2009 from Marc Antine, Esquire, to Linda King, Raynham Treasurer/Collector, regarding Mozzone Lumber v. Hansen Associates, Inc./Steven Hansen, was received. No action was taken by the Board.
The Board presented a plaque to Board member John Canto and thanked him for his dedicated twenty years of service to the Planning Board and the Town of Raynham. Board members agreed they will miss Mr. Canto and his years of experience.
Mrs. Whalley asked the Board if they wished to keep Section 4.9, Designated Office Development, in the zoning by-laws because at this time there is no area with that zoning designation. After discussion, the Board agreed Section 4.9 should be removed as it is no longer applicable.
Mrs. Whalley informed the Board that Building Commissioner Ed Gardner would like to talk about revamping the zoning by-laws and also that the TDR by-law either needs to be looked at or removed. Mrs. Whalley suggested the Board could review the by-law to see how it can be improved. The Board agreed. Mrs. Whalley informed the Board she is considering implementing a zoning rewrite committee to review the zoning by-laws.
There was no further business, and the meeting adjourned at 7:35 p. m.
Christopher J. Gallagher, Clerk
| 
