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Planning Board minutes November 1, 2012
The Raynham Planning Board meeting on Thursday, November 1, 2012, at Raynham Veterans’ Memorial Town Hall, was opened at 6:05 p.m. by Chairman Daniel Andrade.

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

Board members not present: Henry Ellis, Christopher Gallagher

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

6:05 p.m. – Bassett Knoll subdivision: Nick Harras, Global Construction, appeared before the Board to discuss the affordable housing requirement of the proposed Bassett Knoll open space subdivision plan (located off Locust Street). The plan has 70 lots and, in accordance with the Open Space Preservation by-law, six affordable lots must be provided on the plan.

Mr. Andrade explained that it has been determined the by-law as written does not allow the Planning Board to accept funds from an applicant as payment in lieu of providing the required number of affordable lots. He discussed that the by-law would have to be amended at Town Meeting in order to allow payments in lieu of the affordable lots, and if that is done, Mr. Harras could return to the Board to modify the plan to allow payments in lieu of affordable lots, if he so desired.

Mr. Andrade suggested the Board should meet with the Raynham Housing Authority to determine a fair and reasonable value for an affordable lot if the by-law is to be amended to allow payments. He noted any funds received as payment should be held for use towards affordable housing in Raynham. Ms. Whalley discussed that the Raynham Housing Authority has no matching funds to go forward with grants and that any payments in lieu of lots could be used towards that goal.

After discussion, it was agreed the affordable lots should be identified on the Bassett Knoll plan before it receives final approval, and the lots should be spread throughout the subdivision. Mr. Harras noted he would have to consider whether the better option would be to build out the affordable lots or provide payment in lieu of the lots if the by-law is amended. After discussion, the Board agreed the location of the affordable lots could be changed on the plan at a later time if so needed, and the lots do not need to be identified on the plan by a professional engineer.

Mr. Harras informed the Board he was considering phasing the subdivision in order to manage the cost of building the roads. The Board agreed they would consider the phasing but a turnaround must be provided for the roadway when it is built. Mr. Andrade stated the filing fee for the subdivision plan must be paid in its entirety when the plan is submitted.

Mr. Fountain stated that if payment is lieu of affordable lots is allowed, he wants to know the cost of providing an affordable housing unit. Mr. Harras stated if the cost was over $50,000, he would build out the lot.  During discussion, it was noted the affordable houses, if built, will look the same on the outside as the market units but will have less upgrades inside.
6:30 p.m. – Metro West/VW site plan public hearing: Brian Dunn, MBL Land Development & Permitting Corp., Easton, MA, and Domenic Grieco, Metro West, appeared before the Board with the revised site plan dated November 1, 2012. Mr. Dunn noted that the Board voted on the waivers at a previous meeting. Mr. Andrade asked if applicant was asking for waivers other than the ten previously approved. Mr. Dunn stated no.

Project review letter dated November 1, 2012 was received from Nitsch Engineering. Mr. Dunn informed the Board that the Nitsch’s drainage concerns have been addressed and there is now a “vast improvement” with the new design. He stated all Nitsch items are addressed on the revised plan. Mr. Fountain asked about the Operation & Maintenance plan. Mr. Dunn stated it is in the drainage report but not on the plan.

Mr. Dunn and the Board discussed the Nitsch letter. It was noted item No. 11 was waived; No. 12 – Mr. Dunn will submit a copy of the building/ elevation plan; No. 14 – Mr. Dunn submitted design sheet for the signs; applicant will go to the ZBA for a variance if needed; No. 16, No. 18, No. 19 were waived; No. 20 – landscaping plan is provided on plan sheet C-4; No. 25 – the overflow was taken out; the design is beyond the 100 year event; No. 26 – Mr. Dunn explained he spoke to Steve Ventresca at Nitsch about their difference in calculating the required parking spaces, and the Building Inspector will determine the number of spaces required; after discussion, it was agreed a special permit for parking reduction will be sought; Mr. Andrade requested the parking spaces be recalculated on the plan at 1/250 for the VW site; No. 27 – After discussion, Board members agreed they were satisfied with the screening on the site; No. 28, No. 30 – were waived; No. 31 – septic is Board of Health issue but the Board could address with a condition of approval; the building permit will not be signed if this issue is not resolved with the BOH; No. 32 – a stub is provided on the plan.

Mr. Grieco informed the Board he was hoping to get a building foundation permit soon. After discussion, Mr. Fountain moved to approve the Metro West VW site plan, Assessors’ Map 16, parcels 55-7, 56, 57, 58, 55-1, presented by MBL Land Development & Permitting Corp., dated May 25, 2011, revised November 1, 2012, having previously approved 10 waivers as shown on the cover sheet, and subject to: standard conditions 1 through 7 on the Certificate of Action; signs are to be shown on the site plan; approval is subject to a special permit for parking reduction; updated drainage calculations shall be reviewed and approved by the Planning Board’s review engineer; applicant shall submit a letter from the Board of Health approving the new tight tank; and, applicant shall submit a letter from Sewer Commission approving the location of the new sewer stub. Motion second by Mr. Driscoll; motion passed by unanimous vote (3). Certificate of Action will be issued.

7:36 p.m. – King’s Estates, Phase IV: - Mark Hampton, G. Lopes Construction Co./Berkley St. Ltd., appeared before the Board regarding lot releases for Phase IV. He explained that a surety bond has been submitted and five lots have been sold. After review of the foreclosure deed for Kings Estates, the applicant believed a Form J lot release was not required for the lots in Phase IV so a Form J was never submitted along with the bond. Mr. Hampton submitted a Form J to the Board for their signature tonight.

Mr. Andrade noted a letter, dated October 17, 2012, was received from Town Counsel Marc Antine stating he approved the form of the bond.

Mr. Fountain reviewed the Form J and the 2004 Form H-1 Covenant, for King’s Estates; both were acceptable. Mr. Fountain moved to release lot Nos. 17, 18, 19, 20, 20, 21, 22, 23, 27, 28, 29 and 30 , as requested by the applicant and having received Performance Guarantee from Endurance American Insurance Co., and the bond having been approved by Town Counsel; second by Mr. Driscoll; motion passed by unanimous vote. It was noted the project review account for King Estates Phase IV is in need of funds. The Form J will be held in escrow until the funds are provided.

7:45 p.m. – Form A, King Street: Azu Etoniru, P.E., CityplaceBridgewater, StateMA, appeared before the Board with Form A plan for land on addressStreetKing Street owned by Top Hill Farms. He explained the Board endorsed the original Form A plan, but since that time, changes were made to the plan in addressStreetLand Court. The plan is now ready to be recorded, and Mr. Etoniru asked the Board to re-endorse it. He explained how the lots were renumbered in addressStreetLand Court. After discussion, the Board re-endorsed the plan.

7:55 p.m. – General Business: Mr. Fountain moved to waive the reading and accept the minutes of October 18, 2012, as presented; second by Mr. Driscoll; unanimous vote to approve (3).

Letter dated 10/19/12 was received from Steven Joyce, developer of Caitlyn Estates (located off White Street). Mr. Joyce requested an extension of time to complete the subdivision. After discussion, it was agreed to ask Roger Stolte to conduct a site inspection and report on the condition of the subdivision and to check on the status of the surety bond. The matter was tabled to the next meeting.

During discussion, Mr. Andrade suggested that a checklist be prepared as a guideline so the Board and developers will be aware of what needs to be done before a subdivision is completed and ready for acceptance.  

As Ms. Whalley had to leave the meeting in order to attend the Special Town Meeting, the Town Planner update on the Wal-Mart light and the Open Space by-law were tabled.

There was no further business and the meeting adjourned at 8:15 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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