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Planning Board minutes April 19, 2012

The regularly scheduled meeting of the Raynham Planning Board was held on Thursday, April 19, 2012, at Raynham Veterans' Memorial Town Hall. The meeting was called to order at 6:05 p.m. by Chairman Daniel Andrade.

Board members present: Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll

Board members not present: Henry Ellis

Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant;

6:05 p.m. Public hearing for amendments to the zoning map was opened. Mr. Gallagher read the hearing notice for proposed change to an area off Bridge Street and Prospect Hill Street by changing an area marked as Residential A to Farm and Forest. It was noted the proposed amendment does not affect Awais Farms subdivision.

Ms. Whalley explained that Town Counsel recommended the article was needed to reflect a 1992 Town Meeting vote because the zoning map inadvertently changed this property from Farm and Forest to Residential A. The proposed amendment will confirm the 1992 Town Meeting vote by changing the official zoning map to reflect the 1992 Farm and Forest vote.

Joseph Cardoso, 42 Bridge Street, addressed the Board and asked if the change would affect the Awais Farms plan now. Mr. Andrade noted Awais was not in front of the Board. He noted by changing the map, the Board would be changing an error on the zoning map and even if the zoning changed, Awais would be grandfathered. Pat Cardoso commented she felt it was not right that an error could change zoning.

Mr. Fountain stated he thought the amendment is a good idea. Ms. Whalley noted she was not sure if zoning was part of the Awais appeal so the question of zoning may not be answered.

Mr. Gallagher moved to recommend the proposed amendment as read to Town Meeting; second by Mr. Driscoll; motion passed by unanimous vote.

6:15 p.m. – Zoning amendments: Mr. Gallagher read the public hearing notice for the proposed amendments to the zoning map for property on South Street East, Raynham Assessors' Map 17, Lot 143. He noted the proposal is a land swap being done to relocate an entrance/road to the mobile home park.
Brian Lowder, 125 South Street East, spoke and stated he was not sure the Board was acting appropriately in the matter because the tenants of the mobile home park were not notified of a change to the park 15 days prior to this hearing. Mr. Lowder stated he made the state Attorney General's office aware of the situation today because the land involved is part of the mobile home park, and the park cannot be changed without properly notifying the residents.

Copies of two E-mails, dated April 18, 2012, from Brian Lowder, regarding this matter were received.
Mr. Gallagher asked if the road was being used by park residents. Mr. Lowder stated yes.  Peter Bumila, Twin Towers Realty Trust, owner of the property, explained the road was not being used any longer and a closure of the park does need notification to residents but this change does not. He noted the land swap is being done only to relocate and straighten the road.

Mr. Fountain discussed that in his opinion moving the road is not a discontinuance of the park. Mr. Lowder started to speak. Mr. Andrade asked that he not interrupt. Mr. Lowder apologized, stating he is upset by the process.

Mr. Andrade discussed that he has only seen trucks use the road. Mr. Lowder spoke again. Mr.
Andrade asked him to stop speaking. Mr. Lowder stated the process was a waste of his time, and he left the meeting.

Ms. Whalley discussed that when she saw the road, it appeared to be a temporary road for use until the originally planned road was built. She noted she felt Mr. Lowder was referring to the laws that protect residents of a mobile home park from having their parks closed without proper advance notice.

Mr. Gallagher discussed that he agreed that the law in question does not relate to the moving of the road.

Mr. Andrade noted the Board endorsed bringing the amendment forward to public hearing but they could ask Town Counsel for his opinion before going forward at Town Meeting.

Mr. Driscoll asked Mr. Bumila about notifying park residents even if it s not legally required. Mr. Andrade noted the Board followed the regulations but they could refer this to Town Counsel.

During discussion, it was noted the mobile home park is the jurisdiction of the Selectmen acting as the Board of Health. Mr. Bumila noted the road has already been approved the by Board of Health but he was advised by the building inspector that the road could not go through Residential A zone, which led to this change of zoning request. Mr. Bumila stated he notified the mobile home park association of the situation. It was noted during discussion that there will be a buffer between Mr. Lowder’s property and the road.

Mr. Gallagher moved to approve both proposed amendments along with Mr. Andrade’s recommendation to make Town Counsel aware; second by Mr. Driscoll; after discussion, the motion was withdrawn.
Mr. Gallagher moved to recommend to Town Meeting the two articles for the changes at South Street East; second by Mr. Fountain; motion passed by unanimous vote (4). The Board agreed to bring the amendment to Town Counsel’s attention.

6:35 p.m. - 343 Broadway site plan discussion was tabled to later in the meeting.

6:36 p.m. - Bella Estates site plan: Ken Caputo, Caputo Products Delivery Solutions, appeared before the Board along with Frank Campbell, King Philip Realty Trust, to request a minor modification to the Bella Estates site plan. Mr. Caputo submitted a plan sheet showing the proposed changes: the in-ground pools will be removed from the plan due to maintenance and cost issues; building No. 9 will be relocated further off the roadway; and, 2-car garages will be constructed under the building with the doors in the back. It was noted the “no-touch” conservation zone will not change, and there will be less impervious area on site with the changes.

Mr. Gallagher explained the infrastructure is in place now. He noted he spoke to abutters to the site who asked that more buffer be provided. Mr. Campbell agreed to provide it. It was noted there is no landscape plan in place yet. The curbing to be provided was discussed.
After discussion, Mr. Gallagher moved to approve the minor modification to move the building and eliminate the pools, as requested; second by Mr. Fountain; motion passed by unanimous vote (4).

It was noted the changes to the plan will be shown on the final as-built plan.
Ms. Whalley informed the Board there is $34,000 mitigation payment due. Mr. Caputo requested a modification of the mitigation agreement by allowing the $34,000 to be paid in six payments each of which is due at final occupancy permit for each unit in the building. When this building is completed, the $34,000 will be paid in total. Mr. Gallagher moved to approve the change in payment of the mitigation funds as requested; second by Mr. Fountain; during discussion, it was agreed applicant will submit a written proposal of the mitigation payment; motion passed by unanimous vote (4).

6:52 p.m. - 343 Broadway site plan: Correspondence, dated April 10, 2012, was received from Attorney David T. Gay, requesting a modification of the site plan for 343 Broadway.  Bassam Zankul, property owner, appeared before the Board to discuss.  He explained he is trying to avoid wasting $10,000 by installing granite curbing at Broadway/King Philip Street intersection at this time because Wal-Mart has committed to making improvements at the intersection as part of the Wal-Mart Rte. 138 site plan.  Mr. Gallagher discussed the improvements Wal Mart will be making.

Mr. Fountain stated he saw no reason for Mr. Zankul to have to spend money for improvements now only to have them torn out later when Wal Mart begins their road improvements.

Mr. Zankul requested he be allowed to use asphalt berm in place of granite curbing at the corner. He noted that except for the change from granite to asphalt berm everything will be done according to plan, and if Wal Mart does not make the improvements in a year, he will install the granite curbing. Mr. Andrade stated an as-built plan will be needed.

Mr. Gallagher moved to allow the change from granite curbing to temporary asphalt berm in accordance with the letter dated April 10, 2012 from Attorney David T. Gay; second by Mr. Driscoll; discussion followed on whether or not to hold money in escrow. After discussion, motion as stated passed by unanimous vote (4).

6:58 p.m. - Campbell Court subdivision: Frank Campbell appeared before the Board and asked that they accept a bond for work at Campbell Court in the amount of $109,608, in accordance with the Construction Cost Estimate dated April 12, 2012 from Nitsch Engineering. It was noted Mr. Campbell can get the bond amount reduced as parts of the project are completed.

Mr. Gallagher moved to approve the bond amount of $109,608 in accordance with Nitsch Construction Cost Estimate dated April 18, 2012; second by Mr. Fountain; motion passed by unanimous vote (4).

7:02 p.m. - Town Planner update: Ms. Whalley informed that the Rte. 138 committee will begin meeting in May. She noted SRPEDD has conducted an analysis of Rte. 138. Mr. Fountain noted he favored business properties along Rte. 138 having 200 feet frontage and larger setbacks.

Ms. Whalley informed the Board she is waiting to hear from Chris Parrish regarding whether or not the Berry Hill bond is being honored. She noted there are no legal time limits on these bonds.

Ms. Whalley informed the Board she received a call from the surveyor who is preparing the as-built plans at Kings Estates. The surveyor has requested that property owners stop removing stakes from the properties until the survey is done. Ms. Whalley will follow up on the matter.
General Business: Mr. Fountain moved to waive the reading and accept the minutes of April 5, 2012; second by Mr. Driscoll; motion passed by unanimous vote (4).

SRPEDD delegate nomination form was received. Mr. Andrade moved to nominate Mr. Driscoll as delegate; second by Mr. Driscoll; motion passed by unanimous vote (4).

Construction Cost Estimate for Whippoorwill Estates, dated April 18, 2012, was received from Nitsch Engineering. No action taken.

After discussion, the Board agreed to send a letter to Keith McLaughlin regarding the outstanding mitigation and snowplowing funds due for Phases 5 and 6 of Whippoorwill Estates.

7:13 p.m. - Mr. Fountain moved to go into Executive Session to discuss the Awais Farms appeal; second by Mr. Gallagher. Mr. Andrade polled the Board members, asking if they wanted to go into Executive Session: Mr. Gallagher – yes; Mr. Fountain – yes; Mr. Driscoll – yes; Mr. Andrade – yes.

The regular meeting ended and the Board went into Executive Session at 7:13 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

Town of Raynham 558 South Main St., Raynham, MA 02767
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