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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes June 21, 2012
The regularly scheduled meeting of the Raynham Planning Board was held on Thursday, June 21, 2012, at Raynham Veterans' Memorial Town Hall. The meeting was called to order at 6:02 p.m. by Chairman Daniel Andrade.

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

Board members not present: Christopher Gallagher

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

6:02 p.m. - Public hearing for Metro West/Volkswagen, Rte. 44, site plan was reconvened. Request to continue the hearing was received. Mr. Andrade moved to continue the hearing to July 19, 2012, 6:05 p.m.; second by Mr. Ellis; motion passed by unanimous vote. It was noted the time-to-act is July 30, 2012, and further extension will be needed or the Board must act on July 19th.

6:03 p.m. – Aspen Hollow:  Developer Mark Perron, Easton, MA, appeared before the Board regarding the status of Aspen Hollow subdivision, which was approved by the Board in 2004.

Mr. Andrade noted Mr. Perron has been before the Board several times regarding the status of the subdivision and the Board has received several e-mails from homeowners in the subdivision regarding completion of the subdivision. Mr. Perron agreed that was the case.

Mr. Andrade discussed that it was discouraging that this small subdivision was not completed and work has not been done when promised. Mr. Perron apologized.  

Mr. Andrade noted that the homeowners have been into Board meetings two or three times to discuss the status of Aspen Hollow and the Board promised the work would be done. He noted there is money in the cash surety account and the Board has an obligation to the homeowners to have the subdivision completed.

Mr. Andrade moved to call the bond for Aspen Hollow and complete the road work. Mr. Ellis suggested allowing Mr. Perron time to speak in his defense. Mr. Perron informed the Board that he has arranged for a contractor to be at Aspen Hollow tomorrow to prepare for final work. Mr. Andrade stated this was the same information the Board has been hearing for a while.

Mr. Fountain noted the Board could call the bond but if the work were done in the meantime, that would be okay.

Mr. Ellis noted there was a motion on the floor. Mr. Fountain seconded the motion to call the Aspen Hollow bond.  It was noted there was no correspondence on this matter.  Motion passed by unanimous vote (4). Mr. Fountain noted again if the work were done, that would be good.

6:14 p.m. - Form A for property at Broadway and Elm Street West was received. No one appeared to present the plan. Mr. Fountain noted a deed and MLC were not submitted with the application.  It was noted the plan needs to clarify whether or not there are wetlands on site.  After discussion, the Form A plan was tabled to July 19th meeting.

6:25 p.m. - General Business:  The Board discussed the July 5th meeting.  Mr. Andrade moved to cancel the Board's regular meeting of July 5, 2012; second by Mr. Ellis; motion passed by unanimous vote.

Mr. Ellis informed the Board he will not be present at the July 19th meeting.

Board members were advised that the attorney representing the Board on the Awais Farms litigation would like to meet with them.  Ms. Austin will be contacted to discuss a meeting date.

Mr. Fountain moved to waive the reading and accept the minutes of March 15, Executive Session of April 19, and May 3, 2012, as submitted; second by Mr. Driscoll; motion passed by unanimous vote.

Town Planner update: Ms. Whalley informed the Board she received a response from Christopher Parrish of the bond insurance company regarding the Berry Hill bond, and Mr. Parrish informed her he will be sending out bid documents for the project but the insurance company is retaining their right to not honor the bond. Ms. Whalley noted the cost to complete the work exceeds the amount of the bond. She also noted she has sent Mr. Parrish all the information he requested on the matter.

During discussion, Ms. Whalley noted she spoke to Marc Antine about the Berry Hill bond and he suggested asking the Board if they wanted to send a letter to the bond company informing them that the Board retains the right to take legal action in the matter.

Mr. Andrade discussed the fact that Berry Hill is a private project and he does not believe the Town should be involved.  He suggested that the bank that now owns the project should be advised that Berry Hill is not a Town project.

Mr. Ellis noted the bond goes to the Town not the Berry Hill homeowners' association. Mr. Andrade noted the Board's duty is to collect the funds and transfer them to the association.

The Board discussed advising the bank and the homeowners' association that they should get involved in the matter at this point.

Mr. Ellis suggested that Ms. Whalley should further discuss the matter with Attorney Antine regarding the Board's analysis of the matter and how to proceed with a letter to the bond company. Board members agreed the bank has the most interest at this time to sell houses and finish the project. Ms. Whalley noted the bank owns the majority of the lots now but they have been reluctant on the issue, and the bond company has no reason to talk to the bank as the bond is with the Town.

Mr. Andrade noted the Board is acting as the middleman in the situation and the bank and the homeowners must get involved because the Town cannot be the developer and finish the project. During discussion, it was noted that the sewer department has assumed the responsibility for the pump station on site.  After discussion, the Board agreed that Ms. Whalley shall contact Marc Antine to discuss further.

After discussion, it was agreed the Board will revisit in the future the matter of bonds being issued for private developments.

There was no further business, and the meeting adjourned at 6:45 p.m.

Respectfully submitted,

Christopher Gallagher, Clerk

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