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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes March 21, 2013
The Raynham Planning Board meeting on Thursday, March 21, 2013, at Raynham Veterans’ Memorial Town Hall, was opened at 6:05 p.m. by Chairman Daniel Andrade.

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

Staff present:  Maureen McKenney

6:05 p.m. – Laraine Nickerson, First Street, appeared before the Board on the matter of possible rezoning of property on Broadway at this year’s Town Meeting.  Mrs. Nickerson noted that she sent correspondence in July 2011 to the Selectmen requesting that she be notified of any meetings that may be held for rezoning of Broadway properties, and she is asking the Planning Board again tonight to notify her of any hearings for proposed rezoning of Broadway properties.  

Mr. Andrade noted that in 2011, after receiving a copy of Mrs. Nickerson’s correspondence to the Selectmen, the Board agreed they would notify Mrs. Nickerson and possibly others on addressStreetFirst Street if rezoning hearings are scheduled for Rte. 138.  He also noted that legal notices for public hearings are published in the newspaper prior to a hearing. Mrs. Nickerson said she is before the Board tonight to remind them to notify her in case she or others miss the legal notice for a hearing.

Mr. Andrade discussed that the Rte. 138 committee will be staring up again soon, and Mrs. Nickerson, as a member of the committee, will be notified of that also.  During discussion, it was noted that any recommendations from the Rte. 138 Committee will be brought before the Planning Board for discussion and hearings. Mr. Andrade noted he is on the Rte. 138 Committee but speaks for himself as a committee member and not for the Planning Board.

6:15 p.m. – Public hearing - addressStreetTearall Road waiver-of-frontage plan was opened.  Mr. Gallagher read the hearing notice.  Tim Caponigro appeared before the Board on behalf of applicant Whittaker.  Mr. Caponigro explained that the Board of Appeals granted a variance that allowed one lot on the locus property and the plan is now before the Planning Board for their approval.  

It was noted the Board of Appeals decision granting only one lot instead of two as requested was appealed by the applicant but that appeal would be dropped if the waiver-of-frontage plan is approved.  

Mr. Gallagher noted that the plan showed no topography, no wetland information, no driveway location is shown and no note regarding the variance that was granted.  He requested that more information be added to the plan.

Mr. Andrade stated that Mrs. McKenney contacted Town Counsel regarding this plan coming before the Board, and Town Counsel advised that the Board may approve the plan as the Board of Appeals did approve one lot and the waiver-of-frontage plan is for one lot.  Mr. Gallagher noted the Planning Board could condition their approval for one lot.

Mr. Gallagher noted that the plan also needs to cite specific sections of Planning Board regulations that are being requested for waiver.  Mr. Fountain stated he wants to know the condition of the road, and he agreed the plan needs more information.  The Board discussed that the adequate access from the cul-de-sac frontage should be shown on the plan.

After discussion, the Board suggested that Mr. Caponigro come into the Planning Board office to view approved waiver-of-frontage plans in order to get a better idea of what information this plan needs.  The public hearing was continued to April 4th, 6:05 p.m.  

6:40 p.m. – Forge Estates/fka Bella Estates site plan:  Tim Caputo, Caputo Project Delivery Solutions, Plymouth, StateMA, appeared before the Board to request a minor modification to the Forge Estates/fka Bella Estates site plan. He explained that two more buildings, No. 7 and No. 8, are going up soon and the developer wants to shift the footprint of the two buildings slightly.  He noted that: 95% of the buildings will be in the original footprint; the size of the footprint will not be changing; building No. 7 is moving about 10 ft. in southerly direction; building No. 8 is moving about 10 ft. northerly; the buildings will not be closer to the road but will be a little further from the road; and the footprint shift is due to the fact that two-car garages are now planned for the condo units.   

Mr. Caputo noted the three buildings – Nos. 7, 8 & 9 – fit the infrastructure as approved and there is no change proposed to the infrastructure. Mr. Andrade noted that an occupancy permit for building No. 9 was recently sought but he feels the Board cannot fully sign off on the project when occupancy permits are sought for individual buildings.  Mr. Andrade noted all infrastructure on the site should be completed before the Board gives full approval.   

Developer John Noblin was present and stated that all infrastructure could not be completed for just the first unit but that all drainage would be completed for buildings No. 7 and No. 8.

Mr. Gallagher moved to approve the modified design as presented for proposed building No. 7 and proposed building No. 8 on Forge Estates fka Bella Estates as shown on the plan entitled “Forge Estates Hill Street Raynham, Massachusetts Minor Modification to Previously Approved Site Plan,” dated March 14, 2013, prepared by Coneco Engineers, Scientists & Surveyors, Bridgewater, MA; second by Mr. Ellis; motion passed by unanimous vote.

Mr. Andrade noted the name of the project changed and asked if the fire department was notified.  Developer Frank Campbell stated yes, they were.  Mr. Andrade requested the fire department’s approval of the name change be submitted to the Board in writing.  Mr. Campbell agreed.

7:00 p.m. – Carriage Hill Estates: Russell Hart appeared before the Board to discuss elimination of the roof drain requirement for Lot 14 in Carriage Hill Estates.  He noted the soil type of Lot 14 is similar to the other lots in Carriage Hill and the roof drain requirement was eliminated for several of the other lots.

After discussion, the Board advised Mr. Hart to submit his request in writing and to provide written confirmation from an engineer describing  the soil type on Lot 14.  Mr. Andrade noted the request will be treated as a minor modification to the approved plan.  The matter was tabled to April 4th.

7:05 p.m. - General Business:

o       The Board discussed that the contract for the project review consultant has expired and they will be proceeding to obtain a new contract.  Mr. Gallagher will review the draft RFP and make any necessary changes and forward to Mrs. McKenney.  The Board will discuss at the next meeting.

o       Mr. Fountain moved to waive the reading and approve the minutes of February 21, 2013 as submitted; second by Mr. Driscoll; motion approved by unanimous vote.

o       Letter dated February 28, 2013 was received from Lori Ann Tyree regarding the release of the surety bond for the Rte. 44 McDonald’s site plan, which was posted several years ago.  It was noted that outstanding fees owed to the building department were recently paid in full and a Certificate of Occupancy has been issued for the site.  Mr. Andrade moved to release the $10,839.10 being held in the Rte. 44 McDonald’s surety account subject to verifying that the check for $6,900 for the fees has cleared the bank; second by Mr. Fountain; motion passed by unanimous vote.

o       Copy of e-mail correspondence, dated March 12, 2013, was received from Highway Superintendent Roger Stolte regarding the issue of maintenance of Gatsby Drive.  It was noted this road issue goes back a number of years.  During discussion, Mr. Gallagher noted the homeowners’ association would need to petition the Town to have the roadway accepted.  Mr. Andrade commented that it might be up to the Town to finish the road if funds were taken to finish it.  Mr. Fountain questioned if the development was meant to be private. Mr. Gallagher stated he could look at the site with Mr. Stolte.  Mr. Andrade said he would research the files and report back.  

o       Letter dated March 21, 2013 was received from Town Administrator Randy Buckner forwarding a proposed zoning amendment for a temporary moratorium on medical marijuana treatment centers.   

o       Board members discussed amending Section 14.5 g, of the open space by-law by adding language stating that payment may be acceptable in lieu of providing an affordable housing lot when required pursuant to the open-space by-law.  Discussion followed on the amount to be provided.  Mr. Ellis noted the Board previously considered an amount between $40,000 - $60,000.  Mr. Driscoll noted the appropriate amount may depend on the type of house being built in the subdivision in question and different types of development may not be held to the same standards.  Mr. Fountain agreed.

        After discussion, the Board agreed on the amount of $50,000 per lot and noted that the amount could be changed in the future if necessary.  Mr. Andrade moved to change the wording in the by-law to allow $50,000 donation to go directly to the Raynham Housing Authority in lieu of an affordable housing lot; second by Mr. Ellis; motion passed by         unanimous vote.

o       Mr. Gallagher submitted a proposed amendment to Article 19, Large-Scale Ground-Mounted Solar Photovoltaic Installations by-law.  He explained that the proposed change would allow a solar installation in a wetland district by special permit and site plan review and the amendment would delete the current language prohibiting the installations in the wetland district.  After discussion, Mr. Gallagher moved to amend Article 19 to allow in a wetland district by special permit; second by Mr. Ellis; motion passed by unanimous vote.  

o       The Board scheduled a public hearing for the second Board meeting in April to consider the above proposed zoning amendments.

There was no further business and the meeting adjourned at approximately 7:52 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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