The Raynham Planning Board held a regular meeting on January 6, 2011, at Raynham Veterans' Memorial Town Hall.
Board members present: Daniel Andrade, Burke Fountain, Chris Gallagher, Russell Driscoll, Henry Ellis
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
6:20 p.m. Mr. Andrade opened the meeting.
6:21 p.m. – Awais Farms subdivision (located off Bridge Street) public hearing was opened. Mr. Gallagher read the hearing notice. Correspondence dated January 6, 2011, was received from Nyles Zager, P.E., Outback Engineering, requesting a continuance of the public hearing. Mr. Andrade moved to continue the hearing to January 20, 2011, 6:15 p.m.; second by Mr. Fountain; motion passed by unanimous vote. No testimony was taken.
General business: Minutes of December 16, 2010 were received. Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Ellis; motion passed by unanimous vote.
6:35 p. m. - Ransom Woods (located off Campbell Court) public hearing was reconvened. Correspondence dated January 6, 2011 was received from Paul Patneaude, P.E., Earth Services, requesting continuance of the public hearing. Mr. Ellis moved to continue the Ransom Woods public hearing to January 20, 2011, 6:30 p.m.; second by Mr. Fountain; motion passed by unanimous vote. No testimony was taken.
6:37 p. m. - South Main Street/King Philip Street open space subdivision Certificate of Action was received. After discussion, Mr. Fountain moved to approve the Certificate of Action, which was revised to reflect a change from a one-sheet plan to a two-sheet plan with October 25, 2010 as the last plan revision date; second by Mr. Gallagher; motion passed by unanimous vote. The Certificate of Action was signed.
6:42 p. m. - General business: SRPEDD technical assistance form was received. Board members and Mrs. Whalley discussed amending the sign-bylaw. It was agreed to ask Building Commissioner Dennis Machado for his input into what section of the by-law needs to be changed.
6:50 p. m. - Berry Hill Adult Retirement Community (ARC) public hearing for modification of special permit and modification of subdivision plan was reconvened. Board member Chris Gallagher left the meeting. Attorney Vince Cragin, New Bedford, MA, and Frank Gallagher, P. E., Foxborough, MA, appeared before the Board on behalf of applicant. Mr. Andrade noted the Board has been getting information on how to proceed with applicant’s request; Mr. Fountain noted Town Counsel has provided his opinion on the matter via e-mail.
Attorney Cragin noted that at the previous meeting the Board discussed changing the age restriction at Berry Hill to allow one resident in each unit to be a minimum of 45 years of age, and he had agreed to that change.
Mr. Andrade noted the Board's feeling on the matter has not changed, but the question is whether or not the Board has the right to make the change after the ARC by-law was approved by both Town Meeting and the Attorney General's office. Attorney Cragin noted they are not looking to change the by-law but only to modify the Berry Hill special permit.
Board members agreed they were being advised by Town Counsel that modifying the special permit would conflict with the by-law. Mr. Ellis noted there are covenants referenced in deeds and recorded at the Registry of Deeds regarding the age restrictions, and the proposed change could violate the covenants, deeds and the by-law. During discussion, it was noted Town Counsel also advised a signed vote would be needed from the Berry Hill homeowners' association approving of a change to the covenants. Attorney Cragin was provided with a copy of Town Counsel's e-mail.
During discussion, it was noted the Attorney General's office had determined Raynham's ARC by-law was in compliance with the federal Fair Housing Act (FHA). Mrs. Whalley noted Town Counsel thinks the by-law can be stricter than the FHA.
Attorney Cragin noted that 82% of the homeowners at Berry Hill had approved of the change to the age requirement, and they will proceed with the steps needed to accomplish the change.
After discussion, the Board agreed applicant needs to present proof that the special permit can legally be modified. It was agreed to continue the public hearing on the special permit modification to February 3rd meeting.
Bill LaCivita, 201 Clubhouse Circle, questioned how many homeowners are needed to approve a change to the special permit and when they should vote on the change. The Board advised that the Berry Hill association by-laws should be reviewed. Mrs. Whalley noted Town Counsel recommended that changes made by the Board be approved in writing by the Berry Hill association.
After discussion, it was agreed the Board would proceed with the minor modification to the Berry Hill subdivision plan. Correspondence (Minor Modification Plan Review) dated January 6, 2011, was received from Nitsch Engineering.
Frank Gallagher, P.E., spoke on the Nitsch review comments, noting he disagreed with some of the items. Regarding the street trees, Mr. Gallagher noted their locations will be shown on the as-built plan. He noted the trees being shown on the plan are more to indicate the quantity of trees not their location. Board members agreed.
Catch basins at the driveways were discussed. Elimination of common driveways and replacement with individual driveways was discussed. Frank Gallagher noted a full blown drainage analysis was done and approved by Nitsch for the original plan. Mr. Gallagher noted dry wells had been installed even though not required. He noted he was not sure if the Board had jurisdiction in two of the three concerns stated by Nitsch but they were presented to the Board to keep them advised of all the changes to the plan. Mr. Gallagher also noted there will be approximately 38% less impervious area so impact to the site will be minimized and a new drainage analysis is not needed.
After discussion, it was agreed Frank Gallagher will contact John Schmid to discuss the plan.
Mr. Andrade apologized that the Board was not ready to vote on the matter. It was agreed to continue the hearing for the minor plan modification to January 20, 2011, 6:35 p.m.
Mr. Ellis moved to continue the hearing for modification to Berry Hill special permit (SP-M-10-5) to
February 3, 2011, 6:15 p.m. and to approve the extension of the time-to-act to April 30, 2011; second by Mr. Andrade; motion passed four in favor (Chris Gallagher was not at the hearing.)
Mr. LaCivita asked the Board if there was progress on the surety bond. Mrs. Whalley stated that based on a discussion she had with Town Counsel, the Board will need the bank to sign a letter agreeing to cover costs over what the bond will allow. Attorney Cragin stated he will contact his client on the matter but asked why it is an issue. Mr. Andrade noted the Board is working on the homeowners' behalf by calling in the surety bond.
General business: Correspondence (Plan Modifications) dated December 30, 2010, was received from Nitsch Engineering regarding Wal-Mart Rte. 138 site plan. No action was taken.
There was no further business and the meeting adjourned at 7:37 p. m.
Respectfully submitted,
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