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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes October 4, 2012
The Raynham Planning Board held a meeting on Thursday, October 4, 2012, at Raynham Town Hall. Chairman Andrade opened the meeting at 6:00 p.m.

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

Board members not present: Christopher Gallagher, Henry Ellis

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

6:00 p.m. – Raynham Flea Market abbreviated site plan was signed.

6:05 p.m. - Whippoorwill Woods: Attorney Edmund Brennan, Taunton, MA, appeared before the Board on behalf of subdivision owner Norwood Co-operative Bank, to discuss acceptance of Whippoorwill Drive and Pheasant Lane at the upcoming Special Town Meeting. Also present was Matt Dacey of Champion Builders.

Correspondence dated September 20, 2012 was received from Nitsch Engineering. It was noted the as-built plans were recently sent to Nitsch Engineering and their review report is being awaited. It was noted the Selectmen have requested the Board's recommendation for road acceptance by October 16th.

Ms. Whalley stated that Roger Stolte has no issue with the landscaping area that has replaced the retaining wall on Whippoorwill Drives since the landscaped area is not located on Town property, and Mr. Stolte has no issue with the drainage area that has been added near the subdivision entrance.

After discussion, Attorney Brennan agreed to submit a minor modification to the Whippoorwill Woods plan to address the retaining wall and the small drainage area issues.
Mr. Andrade moved to recommend Whippoorwill Woods for Town of Raynham acceptance subject to a minor modification plan to swap the retaining wall for landscaped planting bed as located and minor modification to add a drainage area at Station 450; second for discussion by Mr. Fountain.

Mr. Fountain asked if acceptance is for all of Whippoorwill Woods. It was noted recommendation is for all of Whippoorwill Drive and all of Pheasant Lane. Motion passed unanimously with three votes.

6:19 p.m. - Metro Motors West/VW site plan public hearing:  Brian Dunn, MBL Land Development & Permitting Corp., and Domenic Grieco of Metro Motors were present. Review letter dated September 20, 2012 was received from Nitsch Engineering. Mr. Dunn stated the revised plan was recently sent to Nitsch Engineering. Mr. Dunn submitted a waiver request letter dated October 4, 2012.

Waiver requests from the MBL letter of October 4, 2012 were discussed. Waiver No. 1 was denied; No. 2 was approved; No. 3 was approved; No. 4 was approved; No. 5 was approved - it was noted applicant has not heard from Mass. DPW yet; No. 6 was denied - it was agreed some landscaping needs be shown on the plan; No. 7 was approved.  There will be concrete bumpers at parking spots, bollards at handicap parking spots.  Mr. Dunn and Mr. Fountain reviewed the plan for location of bollards and bumpers.  No. 8 was denied.  The Board will await a landscape plan.  No. 9 was approved; No. 10 was denied; No. 11 was approved; No. 12 was approved; No. 13 was approved; and, No. 14 was approved. Mr. Andrade moved to approve the waivers as read and stated on the October 4, 2012 letter from MBL except for Nos. 1, 6, 8, and 10; second by Mr. Fountain; motion passed by unanimous vote.

The September 20, 2012 letter from Nitsch Engineering was discussed. It was noted that Nos. 1, 3, 6, 10, 11, 16, 18, 19, 20, 27, 28 and 30 on the Nitsch letter are related to the waiver requests as previously discussed.  The Board then discussed items No. 4, No. 5, No. 7, No. 8, No. 9, No. 12, No. 13, No. 14, No. 15, and No. 17.  Mr. Dunn noted the properly stamped plans will be submitted to the Board as requested. It was noted the applicant will be going to the Board of Appeals for sign variances. It was agreed the Board will reserve the right to review the site lighting if deemed excessive. Mr. Dunn will be contacting Nitsch Engineering to make sure they have received everything they need.

The remaining items in the Nitsch letter were discussed, Nos. 21, 22, 23, 24, 25, 26, 29, 31, 32, 33, 34, 35, 36 and 37.  Mr. Dunn will confirm the number of parking spaces needed. It was noted the septic has been approved by the BOH; sewer stubs are proposed. The construction of the retaining wall was discussed, and Mr. Dunn will add the necessary information to the plan.  Mr. Dunn explained that the plan is not adding runoff nor contributing to flooding at Church Street/Route 44 intersection.

Mr. Dunn agreed to add the information that Nitsch requested to the plan and add the waivers to the plan. No vote was taken, and the public hearing was continued to October 18, 2012, 6:20 p.m.

7:20 p.m. - Bassett Knoll Estates:  Owner Donald Shute appeared before the Board along with Nick Harras to discuss the affordable housing component for the Bassett Knoll Estates open space subdivision plan that will be submitted soon. Mr. Shute explained they are looking for an estimate of what the Board will consider as payment in lieu of affordable house lots.
During discussion, it was noted that 40B projects consider 80% of the median income when determining affordable housing. Ms. Whalley stated she could research and provide Mr. Shute and Mr. Harras with the median income numbers. During discussion, Board members agreed the by-law needs to be better defined.

After discussion, Mr. Andrade stated he would be comfortable with $25,000 per lot as an affordable housing contribution. Mr. Fountain stated the Board is not bound to that but that number seems in the ballpark. Mr. Driscoll noted he has not experienced any affordable housing subdivisions at this point.  No vote was taken.

7:34 p.m. - Aspen Hollow subdivision:  Developer Mark Perron appeared before the Board to request a bond reduction. He explained that the road has been paved and all issues are addressed. He noted there was no puddling in the roadway after the recent rain storm. Letter dated e-mail dated October 3, 2012 was received from Frank Ribelin, P.L.S., verifying there was no puddling.

Mr. Andrade noted he received an e-mail from Mr. Gallagher stating he was not in favor of bond reduction for Aspen Hollow because Mr. Perron still has items belonging to the sewer department.  Mr. Perron stated that the items were returned, and Mr. Gallagher signed the last Aspen Hollow building permit yesterday.

Ms. Whalley said she spoke to Mr. Gallagher yesterday and there were no issues.
Construction Cost Estimate, dated October 4, 2012, for Aspen Hollow was received from Nitsch Engineering. After discussion, Mr. Fountain moved to approved reduction to the amount stated by Nitsch Engineering, $25, 314.00, provided Mr. Gallagher verify that the sewer department items have been returned.
Mr. Andrade noted the Board had previously called in the Aspen Hollow bond. During discussion, Mr. Perron stated the bounds will be done next week and the as-built plan still needs to be done. It was noted the roadway is not on the fall Town Meeting warrant for acceptance.

Mr. Andrade moved to release funds over the amount of $25,314.00 per the Nitsch Engineering letter dated October 4, 2012; second by Mr. Fountain; motion passed by unanimous vote.

Town Planner update:  Letter dated September 19, 2012 was received from the Department of the Army regarding property at 513 Church Street that the U.S. Army Reserve is considering as a location for a training center.  Mr. Andrade noted for the record that the property belongs to him and he would not vote on the matter.

Ms. Whalley explained that an Environmental Assessment of the property is being conducted and any comments the Board may have in the matter must be forwarded to the U.S. Army by October 18, 2012.  No action was taken.

Fee schedule for the proposed solar by-law was discussed. Mr. Andrade noted the solar fees and perhaps other fees need to be assessed. During discussion, the Board agreed a special permit fee will be required. After further discussion, Mr. Andrade moved that the special permit fee will be set at $1,500 and the application fee for a solar plan submittal will be $3,500; second by Mr. Fountain; motion passed by unanimous vote.

Ms. Whalley informed the Board that the contract with Nitsch Engineering for review services has expired. It was agreed to table the discussion to October 18th when all members may be present.

Letter dated September 27, 2012 regarding King’s Estates Phase IV Performance Guarantee was received from Town Counsel Marc Antine. It was noted applicant is in the process of preparing a bond for the project. No action was taken.

General Business:  Mr. Fountain moved to waive the reading and accept the minutes of September 26, 2012; second by Mr. Driscoll; motion passed by unanimous vote.

Project review accounts needing funding were discussed. Mr. Andrade moved to request $5,000 for the Buddhist Temple/South Street East project and$2,000 for King Estates, Phase V/Lopes project; second by Mr. Fountain; motion passed by unanimous vote.

There was no further business and the meeting adjourned at 8:06 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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