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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes July 19, 2012
The regularly scheduled meeting of the Raynham Planning Board was held on Thursday, July 19, 2012, at the 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, Russell Driscoll, Christopher Gallagher

Board members not present:  Henry Ellis

Staff Present:  Marilyn Whalley, Director of Planning and Community Development

6:00 p.m. - Form A, Broadway/Elm St. West – Applicant has requested that this be postponed to August 2nd  at 6:15 p.m.   Mr. Andrade asked when the applicant filed the Form A.  M. Whalley wasn’t sure if it was officially filed on June 21.  Mr. Andrade suggested that the board vote on the Form A to meet the 21 day deadline.  When the applicant resubmits the Form A the board, the board will vote to reconsider.   On a motion by C. Gallagher and seconded by B. Fountain it was voted 4 – 0 to deny the Form A request for the property at the corner of Broadway and Elm St. West presented at the June 21st Planning Board meeting.  Mr. Andrade explained that the decision on the Form A request submitted in June lacked some detailed information required for approval. He instructed Ms. Whalley to change the date and time of the presentation to the Planning Board if the applicant is required to resubmit the Form A.

6:05 p.m. - Metro West Public Hearing -  Mr. Andrade read a letter from the applicant requesting that the Public Hearing be continued to Aug. 16, 2012 at 6:15 pm.  This request was approved and signed by the Board.  

6:15 pm - Nick Harras representing John Schute re:  Locust Street Subdivision.   Mr. Harras stated that he was before the Planning Board to get some information about what was needed to approve the previous subdivision plan for the Locust Street Subdivision.   Mr. Gallagher explained that the preliminary plan presented to the Board in 2008 for an open space subdivision lacked the required plan showing how many lots could be considered under a regular subdivision before a cluster subdivision can be considered.   Mr. Gallagher also stated the he had completed as a private engineer, a previous Bassett Knowles subdivision plan which increased the lot sizes to the current Residential A, 40,000 sq. feet for a previous owner, Mr. Kelleher.    In his opinion the property has some wetland issues that need to be identified and mapped before the Open Space Subdivision Plan can be approved.   Mr. Harras asked if the previous Bayberry and Paddock Roads were a part of this subdivision.   Mr. Gallagher stated that it was not and was completed by a different developer.   Discussion took place about the sewer lines that service the area.   Mr. Harras indicated that they plan to submit a definitive subdivision plan but he wanted some clarification on the fee schedule for a project of this size.  Mr. Harras felt that if this was an amended plan to the previous plan, the filing of fees would be less. Mr. Gallagher suggested that he would be starting essentially from scratch and he would have to file for a special permit. In his view this is not a modification of the previous plan.   Discussion took place on whether or not the Preliminary Plan was officially voted on.   Mr. Gallagher stated that there was substantial wetland issues related to a previous plan that looked at connecting Bayberry to this project.  Mr. Andrade read the minutes from the Planning Board meeting when the preliminary plan was submitted.  It was apparent from the minutes that the number of conventional lots still needed to be determined.  The Board discussed limiting the size of the houses and the PB approved of the preliminary plan with 2,000 sq. ft limits of the house to be built.  Mr. Andrade stated that the zoning protection on approval of Preliminary Plan has expired.  Mr. Andrade stated that the number of lots must still be determined by the submittal of a conventional subdivision plan for the property.   The Board confirmed that this was not accomplished under the Kelleher subdivision plan and that a new plan must be done, particularly with a current wetland delineation shown.  Mr. Andrade suggested that Mr. Harras should have the property owner hire his engineer to do a layout plan to meet the requirement.  Mr. Harras asked if the Kelleher plan might work if the new information required is layered on the plan.  Both Mr. Andrade and Mr. Gallagher suggested that it might, but that new wetland issues would need to be looked at.  Mr. Harras asked if the fee has to be paid before the submittal of a Definitive Plan.  Mr. Andrade said yes.
6:20 p.m. - Roof drains at Whippoorwill Phases 5 & 6.  Ms. Whalley stated that the builder could not make this meeting and is requesting this be continued to the next Planning Board meeting.   Matter continued to August 2nd, 6:15 p.m.  

6:30 p.m. - Richard Mastria – request for abbreviated site plan.  Mr. Andrade told the board that the applicant was asking to continue this to the next meeting. Matter continued to August 2nd at 6 pm.  

Other business - Mr. Andrade asked about the plan for Bella Estates.  Ms. Whalley stated that the Building Inspector had required a revised plan be submitted that listed the street names and the utility connections at a minimum.   Mr. Ken Caputo representing King Phillip Realty Trust regarding the minor changes in the plan was present to ask the board to sign this new plan.  Discussion took place about the legality of entertaining a motion on signing a new plan that was not on the agenda.   Mr. Andrade suggested that the changes are minor and the plan should be approved.   Mr. Andrade entertained a motion to allow discussion on the Building Inspector’s request for a new plan.  Ms. Whalley asked if the Fire Department had approved the street names.  Mr. Caputo said that they had their approval but not in writing. Questions arose as to whether or not the plan presented by Mr. Caputo was a new plan.   Mr. Andrade stated that the plan has already been approved and only needs the Planning Board signature.  C. Gallagher made a motion to sign the plan presented by Mr. Caputo. Second by B. Fountain.  Motion carried 4 – 0.   

Town Planner Report: Evergreen Estates  -  Ms. Whalley brought up Evergreen Estates and stated that during a review of file it was discovered that the original approved Certificate of Action had several errors in it that should be corrected.  She suggested that in the fall when the developer will need to either complete the subdivision or ask for an extension, that this be corrected as well as the fact that there is still one lot that should have been deeded to the Town as part of the open space subdivision special permit, has not been deeded to the Town   The consensus of the Board was that this should be dealt with in the fall.

Solar Bylaw – Ms. Whalley asked for a Board member to work with her and a few other volunteers to draft a bylaw on Large-Scale Ground Mounted Solar installations. The discussion continued about where solar installations would be placed and how much regulation should be placed into the bylaw.  Ms. Whalley suggested that her goal was to review all benefits and pitfalls related to solar installations and to craft a bylaw that benefits the Town.  B. Fountain volunteered for this task.

South Coast Rail Appointee – Ms. Whalley also asked for a representative to the South Coast Rail Task Force.  She stated that without an official appointee the Town may not qualify for grants associated with the South Coast Rail.  Mr. Andrade volunteered for this task.
Aspen Hollow  -  Ms. Whalley stated that after the Planning Board called for the bond that there was some activity at the site.   However, the work stopped after the Sewer Department told the developer that some of the manhole connections were installed incorrectly.  C. Gallagher stated the problems with the installations and that the correct installation was clearly defined in the approved plan.   Ms. Whalley stated that nothing is happening at the site right now.  She spoke to R. Stolte and he stated that the Highway Department could finish the road work.    Mr. Andrade suggested that the Sewer Department, the Highway Department, the Planning Board and Nitsch Engineering meet next week to determine how the project can be completed by the Town.  He also said that any safety issues are pressing as result of the removal of the asphalt around the exposed connections is dealt with as soon as possible.  Discussion took place regarding an additional fee submitted by Mr. Perron after the bond was called may need to be refunded to Mr. Perron.   Mr. Andrade suggested that an overall plan for the project should be discussed.  M. Whalley will set up a meeting to discuss this project.  C. Gallagher discussed the issue of sewer and water not being covered in the bond.  
Berry Hill – Ms. Whalley told the Planning Bond that the banks will be coming to the next Planning Board meeting on August 2nd as requested by the Board.  Mr. Andrade would like a punch list and agenda for just Berry Hill at this meeting.  He also asked Ms. Whalley to ask Marc Antine to weigh in on this issue.  Mr. Andrade asked that the Homeowners’ Association also be invited to the meeting.  Mr. Gallagher has the list of homeowners and will provide to the Planning Board office.  Mr. Andrade thinks that the Homeowners’ Association needs to step up and take responsibility for the road.  Ms. Whalley stated that the Banks are not accepting responsibility for finishing the development of the infrastructure.   Mr. Andrade suggested that it might be up to the Homeowner’s Association to get the Banks to take responsibility.  Mr. Andrade stated that he would like to formally notify the Banks and the Homeowners’ Association that they would like to have them appear on August 2nd, at 6:30 p.m.  

Taunton Casino -  Ms. Whalley notified the Board that there will be a hearing on the Environmental Notification Form on Tuesday the 24th.   Ms. Whalley stated that she felt that Raynham has the most impact of any neighboring town as a result of the placement of the Casino which is less than 1/3 of mile from the Town line.  Mr. Andrade suggested that the Board of Selectmen should attend the hearing.  

Meeting adjourned at 7:35 pm.  

Christopher J. Gallagher, Clerk

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