The Raynham Planning Board held a meeting on May 14, 2009, at Raynham Veterans' Memorial Town Hall.
Board members present: Daniel Andrade, Burke Fountain, Chris Gallagher, and Henry Ellis.
Board members not present: (all present)
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
Mr. Andrade opened the meeting at 6:00 p.m.
General Business: Mr. Ellis nominated Daniel Andrade as Chairman, Mr. Fountain as Vice-Chairman, Chris Gallagher as Clerk and Henry Ellis as Tax Incentive Representative and the SRPEDD representative to be determined when a fifth Board member is appointed; motion seconded by Mr. Gallagher; motion passed by unanimous vote.
Mr. Andrade informed the Board he spoke with John Canto, and Mr. Canto indicated he would be willing to serve again as a Board member if no one accepted the open position. Mr. Andrade noted the Planning Board will be meeting with the Board of Selectmen on Tuesday at 7 p. m. to appoint the fifth Board member.
6:10 p. m. - The updated tripartite surety agreement for Aspen Hollow subdivision was received. Mr. Ellis moved to rescind the default on Aspen Hollow subdivision and to endorse the new agreement; second by Mr. Gallagher; motion passed by unanimous vote. The tripartite agreement was signed.
6:13 p. m. - Town Counsel Marc Antine was present to discuss subdivision surety bonds with the Board. Mr. Andrade explained the Board has been concerned with bonds being kept up to date and in particular is concerned with the Kings Estates bonds. He noted the Board recently found Kings Estates subdivision in default and was beginning the process of calling in the surety bonds. Mr. Ellis provided Attorney Antine with copies of e-mails sent to Mr. Andrade from Mrs. McKenney regarding the Kings Estates bonds. Mr. Gallagher explained that Kings Estates had been bonded and constructed in phases.
Attorney Antine noted he had received the Board's recent letter regarding the bonds for Kings Estates. Attorney Antine discussed the difference between an insurance bond and a tripartite agreement, which the Board has accepted as surety for some subdivisions. Attorney Antine explained the dates on an insurance bond are the dates by which the subdivision work must be done and if the work is done by that date, the bond is no longer in force and effect. Attorney Antine also noted an applicant has his choice of surety allowed by State statutes.
Mr. Gallagher asked if the Board was covered regardless of whether or not a bond, passbook or tripartite agreement is being held or would the Town be liable if there was no coverage. Mr. Ellis asked what the Board should do when an agreement or bond is expiring and how default should proceed before it becomes too late.
Attorney Antine suggested the Board refer to previous correspondence he sent to them in 2008 regarding subdivision bonds. He noted the Board cannot find a developer in default prior to the time frame given to complete a subdivision per Board's Certificate of Action for each subdivision. Attorney Antine explained that if the time to complete has expired, the Board should inform the bonding company to finish the road. He noted the Board may need to bring action on the bond within 12 months of default.
Mr. Andrade asked if the completion date on a Certificate of Action is past the bond expiration date, is the bond still in effect and the Board need not worry. Attorney Antine said he always worried about bonds because bonding companies can get out of their obligations if the proper process is not followed exactly and the Board must follow all the conditions of a bond if they find a developer in default.
Attorney Antine suggested the Board go forward to enforce the Kings Estates bonds. After discussion, it was agreed that Attorney Antine will review the Kings Estates bond and compose the necessary letters to find the bonds in default.
General Business: Minutes of April 9, and April 23, 2009 were received. Motion made by Mr. Fountain to approve the minutes as submitted and waive the reading; second by Mr. Ellis. Motion passed by unanimous vote.
6:51 p. m. - Letter dated May 13, 2009, was received from the Zoning Board of Appeals regarding Roger's Way. Attorney William Manganiello, Taunton, MA, was present on behalf of the petitioner who is seeking a frontage variance on Roger's Way from the ZBA. Attorney Manganiello briefly explained the proposed variance plan. He explained that the gate that was required by the Planning Board at a specific location as part of a subdivision approval will be relocated by the variance plan, and the gate will be moved closer to the brook if the Planning Board is agreeable to the new location. Attorney Manganiello noted the Conservation Commission asked for the gate to be relocated and has given tentative approval to the new location. He submitted a copy of a letter from the Conservation
Commission to the Planning Board, dated March 11, 2009, re. Roger's Way. Attorney Manganiello stated the Roger's Way plan will come before the Planning Board for modification if the variance is approved by the Board of Appeals.
Mr. Andrade asked the Board members if they had any objection to the gate being moved. Mr. Gallagher stated the new location was better and made easier access to Hewitt's Pond. During discussion, it was noted there is a small area of about 55 feet to access the proposed new house lot before the gate and fence.
Mr. Ellis moved to inform the Board of Appeals that the Planning Board has no objections to the fence being located as shown on the proposed variance plan and that the Planning Board makes no comment as to the variance request; second by Mr. Gallagher; motion passed by unanimous vote. Letter will be sent to the ZBA.
(Mr. Ellis left the meeting.)
7:03 p. m. - Town Planner update: Mrs. Whalley distributed copies of the Request For Proposal (RFP) document that will be advertised for engineering review services for the Planning Board. She reviewed the RFP for the Board and explained the criteria being used and the process for choosing a project review firm. She noted the criteria includes a limit on charges for travel time. After discussion, it was agreed the RFP will be advertised to begin the process to obtain a contract for review services.
Mrs. Whalley discussed the Affordable Housing Plan. She explained that she wants to add two statements to the Plan. She read the proposed language into the record. The new language will speak to the issue of housing rehab and the Town assisting the Housing Authority in looking for funding opportunities.
Mr. Andrade moved to approve the Affordable Housing Plan with the amended language as read by Mrs. Whalley; second by Mr. Gallagher; motion passed by unanimous vote (3).
Mrs. Whalley informed the Board that the North Raynham Water District (NRWD) has advised her they planned to erect another water tank at their Rte. 138 site, and they will be submitting a site plan for the new tank. Mrs. Whalley noted the NRWD also advised her they want to amend boundaries of the Zone II Water Resource Protection Overlay District. During discussion, Board members agreed the Zone II had already been amended. Mrs. Whalley will research the matter and report back to the Board.
Mrs. Whalley discussed 43D expedited permitting and applying for funding related to 43D process. She noted it may be too late to apply for some funding but SRPEDD has suggested two projects that could be done with SRPEDD assistance one of which is in Raynham Woods. She discussed the MORE grant, noting it was proceeding as planned. Mrs. Whalley asked for the Board's approval to go forward with the 43D process.
After discussion, Mr. Andrade moved to approve the requests made by Mrs. Whalley; second by Mr. Fountain; motion passed by unanimous vote (3).
Central Dodge site plan project review account was discussed. It was noted the account needs additional funding. After discussion, it was agreed to request $500 for the project review account.
There was no further business and the meeting adjourned at approximately 7:20 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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