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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes October 18, 2012
The Raynham Planning Board held a meeting on Thursday, October 18, 2012, at Raynham Veterans’ Memorial Town Hall.  Vice-chairman Burke Fountain opened the meeting at 6:06 p.m.

Board members present:  Burke Fountain, Henry Ellis, Russell Driscoll; and, Christopher Gallagher at 6:17 p.m.

Board members not present:  Daniel Andrade

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

6:06 p.m. – Public hearing for proposed solar by-law and related amendments was opened.  Mr. Ellis read the hearing notice.  

Mr. Fountain asked if anyone was present to speak on the by-law.  No one responded.

Ms. Whalley discussed the by-law, noting the following:  a committee of eight took sample by-laws from other communities; the by-law allows large scale solar projects as a right in Business, Industrial, Designated Development and Light Industrial districts, and projects will be allowed by special permit in Residential A, B, C and D Districts, Farm and Forest and Farm and Forest II Districts; solar projects will not be allowed in Wetland Districts; projects will be allowed on parcels of one acre to 25 acres, depending on the number of cells provided; site plan review will be required; and, projects can be denied if they are deemed detrimental .

Ed Brennan, Raynham, MA, questioned if small projects at houses will be regulated.  Ms. Whalley stated the by-law applies only to ground-mounted projects.  It was also noted the larger projects need to feed back into the municipal lighting system and an agreement with TMLP will be required.

Mr. Ellis moved to recommend acceptance of the proposed by-law and amendments at Town Meeting; second by Mr. Fountain; motion passed by unanimous vote.

6:10 p. m. – Public hearing for proposed amendments to Adult Retirement Community (ARC) By-law was opened.  Mr. Ellis read the hearing notice.  Mr. Fountain noted the proposed amendments were submitted by citizen’s petition, and a change is proposed to allow a dwelling within an ARC to have only one over-55 resident rather than two over-55 residents as now required.

Attorney Vince Cragin, representing Raynham Real Estate Holdings, addressed the Board and noted that the proposed changes were taken verbatim from the over-55 by-law from the Attorney General’s office.

William Cormack, 5 Clubhouse Circle, Berry Hill, informed the Board that the majority of Berry Hill owners, including him, signed the citizens’ petition requesting the change.  (Mr. Gallagher arrived at 6:17 p.m.).
Mr. Ellis moved to recommend acceptance of the amendments at Town Meeting; second by Mr. Gallagher; motion passed by unanimous vote (4).

6:19 p.m. – Whippoorwill Woods: Attorney Edmund Brennan, CityplaceTaunton, StateMA, representing Norwood Bank, appeared before the Board for a minor modification to the Whippoorwill Woods subdivision plan.  He noted the Planning Board recently recommended acceptance of addressStreetWhippoorwill Drive and addressStreetPheasant Lane as Town roads with the condition of the minor modification to the plan.

The following correspondence regarding Whippoorwill Woods was received:  letter dated October 16, 2012, from Attorney Edmund J. Brennan requesting minor modification of Whippoorwill Woods subdivision plan; letter dated October 17, 2012 from Randall Buckner, informing that the Selectmen voted unanimously to accept Whippoorwill Drive and Pheasant Lane subject to Planning Board approval; and, e-mail dated October 16, 2012 from Roger Stolte and response e-mails from Matt Dacey and Ed Brennan, dated October 16, 2012.

Attorney Brennan explained that a swale is now being provided across a portion of open space land near Lot 1 on Whippoorwill Drive in order to handle additional surface water.  He also explained that the retaining wall on placeLot 30 was not constructed and that will be reflected on the as-built plan. The owner of Lot 30 constructed a landscaped area that is entirely on his property in place of the wall.

Mr. Fountain moved to approve the minor modification on the open space located west of placeLot 1 by the addition of a swale and 8 inch pipe; second by Mr. Ellis; motion passed by unanimous vote.

6:27 p.m. – Metro placeWest VW site plan public hearing was reconvened.  Letter dated October 18, 2012 was received from Project Director Brian Dunn requesting a continuance of the hearing. Mr. Fountain moved to continue the public hearing to November 1, 2012, 6:15 p.m.; second by Mr. Gallagher; motion passed by unanimous vote (4). Mr. Dunn will be asked to prepare a Certificate of Action for the next meeting.

Town Planner update:  Ms. Whalley distributed copies of Request for Proposals for Review of Planning Board Submittals.  She asked that the Board members review the document so they can discuss at the next meeting.

Board members and Ms. Whalley discussed fees for the proposed solar by-law. After discussion, the Board agreed on an administrative fee of $3,500, which will apply to all solar submittals unless waived. It was noted that if a special permit is needed, that fee is $1,500. Mr. Fountain moved to establish the fee as discussed; second by Mr. Ellis; unanimous vote to approve (4).  Public hearing will be scheduled.

General Business: letter dated October 17, 2012 was received from Town Administrator Randall Buckner regarding the surety bond being held for McDonald’s, Rte. 44, along with a letter dated October 9, 2012, from Asset Management to the Selectmen requesting release of the McDonald’s bond.  Mr. Buckner’s letter noted the Board of Selectmen took the position that the outstanding fee related to the extension of the temporary occupancy permit for McDonald’s for the last 10 years should be paid.

After discussion, the Board agreed to send a letter to Asset Management advising them that when the outstanding fees for the temporary occupancy permit are paid to the building department and a final occupancy permit is received, the Board will vote on releasing the funds.

Letter dated October 17, 2012 regarding King’s Estates Phase IV Performance Guarantee was received from Marc Antine, Esquire. Attorney Antine advised the Board he reviewed the proposed surety bond for King’s Estates and has approved the form of the bond. No action taken by the Board.
Project review fees for King’s Estates were discussed. It was noted the project review account is depleted. After discussion, Mr. Fountain moved to request $4,000 for the project review account for King’s Estates before lot releases for Phase IV can be entertained.

Caitlyn Estates subdivision was discussed. It was noted the time-to-complete extension the Board granted to the applicant will be expiring and the applicant will be submitting a request to further extend. Ms. Whalley suggested the Board get a status update on the subdivision. She noted the open space land from the plan has not been given to the Town yet.  The Board and Ms. Whalley discussed the benefits of accepting open space land.  

There was no further business and the meeting adjourned at 6:51 p.m.

Respectfully submitted,

Christopher Gallagher, Clerk

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