The Raynham Planning Board held its regularly scheduled meeting on June 7, 2012, at Raynham Veterans' Memorial Town Hall. Chairman Daniel Andrade opened the meeting at 6:01 p.m.
Board members present: Daniel Andrade, Christopher Gallagher, Henry Ellis, Russell Driscoll
Board members not present: Burke Fountain
Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant
6:02 p.m. - Bella Estates site plan: Correspondence dated May 21, 2012 was received from John Noblin requesting permission to relocate building No. 9 on the site plan for Bella Estates, Hill Street. Frank Campbell, King Philip Realty Trust, appeared before the Board on the matter. Mr. Campbell explained they want to move building No. 9 approximately 10 to 20 feet to the right of where it is now shown on the plan. It was noted the Board previously approved a modification to the Bella Estates plan by allowing the building setback for No. 9 to be pushed back.
Mr. Gallagher moved to accept the plan showing the proposed location of building No. 9 at Bella Estates to be moved approximately 20 feet north as a minor modification to the site plan; second by Mr. Driscoll; motion passed three votes in favor, Mr. Ellis abstaining. Certificate of Action will be filed.
6:06 p.m. - Metro West site plan public hearing was reconvened. Request to continue the hearing was received along with an extension of the Board's time-to-act to June 30, 2012. The Board voted unanimously to continue the public hearing to June 21, 2012, 6:05 p.m. The applicant must submit a further extension of time-to-act at the June 21 meeting or the Board will act on the plan.
6:07 p.m. - George Estates: developer Joseph Arruda appeared before the Board with a Form J for lot releases at George Estates. He noted the Board is holding a tripartite agreement as surety for the roadwork at George Estates, and the roadway was recently inspected by Nitsch Engineering. Correspondence dated June 7, 2012 was received from Steven Ventresca of Nitsch Engineering regarding the site visit to George Estates.
Mr. Gallagher noted the bond amount exceeds the cost to complete the roadwork.
Ms. Whalley informed the Board that the office needs an endorsed copy of the full subdivision plan as only the lotting plan is on file. Mr. Arruda agreed to provide a copy. The Board will also contact Sitec Engineering for a copy if necessary.
Mr. Gallagher moved to accept the Form J to release Lots 1 through 9, 11 and 12, as presented; second by Mr. Driscoll; motion passed by unanimous vote.
6:16 p.m. - Performance Plus Dog Training, Inc., site plan: Attorney William Rounds, Taunton, MA, appeared before the Board to request a minor modification of the approved Performance Plus site plan. He noted construction of the building, located on Commercial Street, will begin soon.
A Certificate of Action (COA) for the proposed modification was presented. Also received was a letter to be sent to the Raynham Town Clerk regarding the Planning Board's April 21, 2011 denial of the special permit that was originally requested by the applicant.
Mr. Ellis moved to approve the COA for Performance Plus Dog Training, Inc. site plan minor modification and approve a letter dated June 7, 2012 to the Raynham Town Clerk regarding the denial of the special permit for parking reduction; second by Mr. Gallagher; motion passed by unanimous vote (4).
Mr. Gallagher signed the modified plan for Performance Plus Dog Training.
6:25 p.m. - Town Planner update: E-mail correspondence, dated June 7, 2012 from developer Mark Perron to Ms. Whalley regarding Aspen Hollow was received. The Board and Ms. Whalley discussed that the subdivision is not yet completed. Mr. Andrade requested that Aspen Hollow matter be put on the June 21st agenda. The developer will be asked to be present and Nitsch Engineering will inspect the road before the meeting and report to the Board.
Mr. Gallagher noted he spoke with Mr. Perron about issues at Aspen Hollow over a year ago. Mr. Andrade thanked Highway Superintendent Roger Stolte for his attention to the Aspen Hollow matter.
Ms. Whalley updated the Board on the Berry Hill bond issue. She noted she has been unable to get the bond insurance company to return phone calls or e-mails to discuss the matter. She noted the bond process was started over 16 months ago. She noted she left a voice mail for the CEO of the bond company in an effort to get help with the matter. Also, the insurance company is not returning calls made by Lopes Construction regarding the completion of King Estates.
After discussion, the Board agreed Attorney Antine should be involved; Ms. Whalley will contact him.
Ms. Whalley informed the Board there is an Economic Development Committee meeting this coming Monday evening regarding solar projects. She noted she has gathered three different zoning by-laws for solar projects for consideration.
Ms. Whalley noted Town officials have not expressed interest in a solar by-law but private parties are interested. She explained that Mass. General Laws say that towns cannot unreasonably regulate solar projects. Mr. Driscoll suggested contacting the Town of Carver regarding their solar by-law.
Ms. Whalley informed the Board that there is one more meeting of the Route 138 zoning committee to prepare recommendations for rezoning of Route 138. She noted that an interesting presentation was done by SRPEDD to assist the committee.
Mr. Andrade noted he is on the committee and has been impressed with the meetings held.
Ms. Whalley noted there is an account from a past warrant article regarding the Route 138 study that the Board must recommend to close or to keep open.
Mr. Andrade moved to keep open the amount in the Route 138 study account; second by Mr. Ellis; motion passed by unanimous vote (4).
Ms. Whalley noted the warrant article account for Hill Street will be closed.
General Business: Invoices were signed. The minutes were tabled to the next meeting.
Letter dated May 21, 2012 from Town Counsel Marc Antine regarding the deed for the roadway at Finch Farm was received. No action was taken.
Mr. Andrade informed the Board, for the record, that he received a letter from the State Ethics Commission regarding a past Planning Board meeting for rezoning at South Street East.. He noted he was not fined and the case has been closed.
There was no further business and the meeting adjourned at 6:50 p.m.
Christopher J. Gallagher, Clerk