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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes September 6, 2012
The Raynham Planning Board held a regularly scheduled meeting on Thursday, September 6, 2012. Chairman Daniel Andrade opened the meeting at 6:03 p.m.

Board members present: Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll, and Henry Ellis (6:08 p.m.)

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

6:03 p.m. - Whippoorwill Estates:  Richard Andrukonis, Project Manager, D’Angelo, Inc., appeared on behalf of the new owner and developer at Whippoorwill Estates and asked the Board to waive the requirement for roof recharge systems for the remaining 20 lots in Whippoorwill Estates.  He explained that the Board had previously waived the roof recharge systems for other lots in Whippoorwill.

Mr. Gallagher discussed the soil conditions in the subdivision. After discussion, the Board requested that prior to the next meeting a letter be submitted by the owner/developer's engineer verifying the soil conditions at Whippoorwill Estates and the Board will act on the matter. Mr. Andrukonis was agreeable.

6:05 p.m. – 1255 New State Highway:  Richard Mastria appeared before the Board to request an abbreviated site plan process for a proposed project at 1255 New State Highway. Mr. Mastria plans to construct a 34 ft. by 22 ft. building at the rear of the Subaru site to be used for outside storage by vendors. The building will not be used by the public, there will be no facilities other than electricity, and three parking spaces will be lost when the building is constructed.

Mr. Gallagher noted the size of the building is less than 1200 sq. ft., which is the area measurement that triggers site plan review according to Raynham zoning by-laws. (Mr. Ellis arrived.)  The Board agreed they had no problem with the three lost parking spaces. Ms. Whalley questioned if the site circulation and unloading of cars would be effected. Mr. Gallagher stated they will not be encumbered by the new building.

After discussion, it was agreed Mr. Mastria will submit a letter explaining the proposed new building and its use.  The Board and Mr. Mastria agreed there will be no public use or access at the new building.  Mr. Gallagher moved that site plan approval is not required for the new building as proposed by Mr. Mastria; second by Mr. Fountain; motion passed four votes in favor and Mr. Ellis abstaining.

6:15 p.m. - Raynham Flea Market site plan public hearing was opened. Mr. Gallagher read the hearing notice. Mr. Andrade noted the Board approved this project for abbreviated site plan at a previous meeting. He noted the Board had asked for information regarding the trench construction, and they asked that the construction not interfere with the weekend flea market business.

Craig Dutra and Lydon Campos, both from Munro Distributing Co., presented the site plan. Mr. Dutra discussed the trench detail, noting it will be dug on a Monday and filled on a Tuesday. He explained that the plan proposes a 42 ft. by 33 ft. carport structure that will hold solar panels. Mr. Andrade noted the plan showed what the Board had asked for. He instructed that the applicant notify the Board when the electrical trench is being dug so someone from the Board can inspect.  Mr. Andrade noted it is the Board's job to make sure the parking area is safe for the public. Board members agreed they had no issues with the plan presented.

Ronald Tremblay, Rachel Drive, questioned what the structure will look like. He was shown the plan. Debra Tremblay, Rachel Drive, and Bill Kennedy, Rachel Drive, also spoke and viewed the plan. Ed Bishop, Pleasant Street, spoke of concerns on behalf of an abutter from South Street West. He viewed the plan. Mr. Andrade noted the plan does not affect parking. Mr. Bishop stated he was okay with the plan as long as it did not affect parking.

Mr. Gallagher moved to approve the plan for Raynham Flea Market for solar post assembly and associated solar panels and carport proposed at the rear of the building, dated September 6, 2011, by A. Precision Machine Co.; Mr. Ellis seconded for discussion. Mr. Andrade moved to amend the motion by adding that the Planning Board office will be notified prior to the electrical trench for service to the building being dug; second by Mr. Ellis; motion to amend passed by unanimous vote. Vote to approve motion as amendment passed by unanimous vote.

Mr. Fountain then moved to amend the previous motion by adding approval of the plan entitled “Raynham Flea Mart Top View With Panels,” prepared for Munro Distributing, Raynham, MA, dated April 29, 2012; second by Mr. Ellis; motion to amend passed by unanimous vote. Mr. Fountain moved to approve the amended motion; second by Mr. Ellis; motion passed by unanimous vote.

Ms. Whalley discussed keeping the electrical work away from the public area. She asked if the Board wanted to have the plan reviewed for structure and safety. Mr. Andrade stated those were issues the building department will be concerned with as well as issues with the weight of the panels. Mr. Dutra noted the support columns will be stronger than a typical light pole.

6:31 p.m. - Metro West VW site plan public hearing: request for a continuance was received. Time-to-act is November 30, 2012. The Board continued the public hearing to September 20, 2012, 6:20 p.m.

Town Planner update: Ms. Whalley discussed that she and Mr. Fountain met with the committee working on the solar by-law.  She informed the Board she recently toured a large solar project in Wareham with committee members Marie Smith and Carol Sullivan. She suggested the Planning Board may want to view the site also before considering the new by-law.

There was discussion of a buffer area for solar projects. Ms. Whalley noted the State says the Town cannot unreasonably regulate projects without reasons for public safety or welfare.  Mr. Gallagher questioned if the Town must allow solar projects in every zoning district or could these projects be limited to business or industrial districts. Ms. Whalley noted if there were unreasonable restrictions, the by-law could be challenged.  She stated the by-law as now written is for projects of 250 kilowatts or greater and include a buffer.

Mr. Gallagher stated he felt it was reasonable not to allow these projects in residential districts. He suggested Ms. Whalley find other towns that have done so. During discussion, it was noted the solar projects will be allowed by special permit, which will give the Board discretion when approving.

General Business: Mr. Fountain moved to approve the minutes of August 16, 2012; Mr. Ellis moved to amend the minutes to add language stating common ownership of the properties be maintained; second by Mr. Driscoll; motion to amend unanimous. Mr. Fountain moved to approve the minutes as amended; second by Mr. Ellis; motion passed by unanimous vote.

Mr. Gallagher noted the minutes stated he should look at the Bassett Knoll plan regarding the number of proposed lots.  Ms. Whalley noted the Board approved the number of lots with the condition that Mr. Gallagher reviews the plan. Mr. Gallagher will review the plan.

6:48 p.m. - Mr. Andrade announced the Board will go into Executive Session regarding potential litigation for Berry Hill.  He noted the Board will not go back into their regular meeting after Executive Session. A roll call vote to go into Executive Session was taken: Mr. Driscoll-agree to Executive Session; Mr. Fountain – agree to Executive Session; Mr. Gallagher – agree to Executive Session; Mr. Ellis – agree to Executive Session; Mr. Andrade – agree to Executive Session.

Mr. Ellis asked if Ms. Whalley and Ms. McKenney may remain in Executive Session. Town Counsel Marc Antine was present, and he stated they could if the Board so wanted.

The Board's regular meeting closed at 6:50 p.m., and the Board went into Executive Session.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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