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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes December 20, 2012
The Raynham Planning Board meeting on Thursday, December 20, 2012, at Raynham Veterans’ Memorial Town Hall, was opened at 6:03 p.m. by Chairman Daniel Andrade.

Board members present: Daniel Andrade, Christopher Gallagher, Henry Ellis, Russell Driscoll

Staff present:  Maureen McKenney

6:03 p.m. – 343 Broadway site plan (corner of Broadway & King Philip Street):  Bassam Zankul appeared and asked the Board to approve a Certificate of Occupancy for 343 Broadway gasoline service station. Improvements were made to the site after the Board approved an abbreviated site plan and a minor plan modification. As-built plan dated November 12, 2012 was received.

Mr. Andrade informed the Board that he drove by the site today and found that the curbing was installed per the plan. Mr. Gallagher moved to approve a Certificate of Occupancy for 343 Broadway; second by Mr. Ellis; motion passed by unanimous vote (4).

6:07 p.m. – GatsbyGardens site plan (located off Middleboro Ave, E. Taunton): Attorney Edmund Brennan, Jr.,Taunton, MA, appeared before the Board along with Nyles Zager, P.E., Outback Engineering and property owner Marcus Baptiste.  A revised as-built plan, a construction cost estimate, dated December 20, 2012, from Nitsch Engineering, and correspondence dated December 20, 2012 from Attorney Brennan were received.

Attorney Brennan asked the Board to approve a Certificate of Occupancy for Lot 4, Gatsby Gardens. The cost estimate from Nitsch was discussed. Attorney Brennan noted that some of the work cited by Nitsch has been done and their value for the remaining work is high.

Mr. Zager discussed the Nitsch letter. He explained that all of the drainage work has been completed. He noted items No. 17 and No. 18 on the estimate sheet are not required by the Certificate of Action.  Mr. Gallagher agreed that corner lot bounds are not required.  Attorney Brennan noted the fence has been put up.  After discussion, the Board agreed it is not good policy to remove line items from a Nitsch cost estimate.

Mr. Andrade discussed his concern that this project is a private development and the Town does not have the ability to complete if there is unfinished work. There was discussion of the fact that the units in the first building are condominiums but the units in this building are rental apartments but there could be problems if they become condo units before the project is completed. Mr. Baptiste addressed the Board, explaining there are no intentions to sell the units as condos.  Attorney Brennan suggested the Board could impose a condition that the units cannot become condos until final approval by the Board.  

After discussion, Mr. Gallagher moved to authorize the issuance of a Certificate of Occupancy upon receipt of cash bond in the amount of $37, 472.00 and with the condition that the building in question cannot become condominiums until the project is 100% complete and the final as-built plan is approved; second by Mr. Ellis; motion passed by unanimous vote.   

A check in the amount of $37,472.0 from Gatsby Realty Trust was received.  The Board authorized the Certificate of Occupancy to be signed.

6:30 p.m. – Berry Hill Adult Retirement Community (located off  Pine Street and Pleasant Street): Attorney William Rosa, Raynham, MA, appeared before the Board to discuss the matter along with George Turner and Robert Turner, Easton, MA.  It was noted the Turners have a P & S agreement to purchase the remaining lots at Berry Hill Adult Retirement Community (ARC).

Attorney Rosa discussed that he had issues of concern – the first being if the special permit for the project has expired. The Board noted the special permit does not expire but it must be acted on within two years, which it was.  Mr. Andrade stated he felt the Board would not have issue with extending the special permit if needed.

Attorney Rosa discussed his concern that there is remaining road construction to be done and the fact that the bond for Berry Hill is not available to the Town. He asked for direction on whether or not a covenant or bond would be needed at this point or what other method of surety the Board might need.

Mr. Andrade noted this situation is unique.  Board members discussed rescinding the lot releases and approving a new covenant.  It was agreed that if a bond was held, a cash bond would be preferred rather than an insurance bond.  Attorney Rosa stated he believes the Board can re-impose a new covenant in lieu of a bond.

Robert Turner stated he and his brother understand the Town’s predicament and want to correct the situation but they are not interested in litigation with the bond company. He stated they would be finishing the road, site lighting and landscaping.

After discussion, Mr. Ellis suggested the Turners submit a proposal for the Board to consider.  Robert Turner agreed to do so and Attorney Rosa agreed to prepare necessary documents.

Attorney placeRosa noted concern that the development has an over-55 age restriction. It was noted that a change to the language of the over-55 age restriction in the ARC by-law was approved at Town Meeting in October. Mrs. McKenney will confirm if the Attorney General has approved the by-law change.

Mr. Gallagher discussed that the Board can hold some lots back from release and those lots can be substituted for other released lots later if needed.

After discussion, it was agreed that Attorney Rosa will prepare a draft of an amended special permit and certificate of action for Berry Hill for the Board to consider at the next meeting.

General Business: Letter dated December 19, 2012 was received from Ronald Turowetz requesting release of the remaining surety bond for Steeplechase subdivision.  After discussion it was agreed to request a site inspection and update from Nitsch Engineering. The matter was tabled to the next meeting.

6:48 p. m. – Form A, 320 Leonard Street: Neil Kelly, RLS, presented a Form A plan for 320 Leonard Street. Also present was real estate agent Carol Sullivan. Proper fee and application were submitted.

Mr. Kelly explained that a variance granted in 1976 created the lots shown on the plan, and the lots were built out although the plan never went through Planning Board approval. Mr. Gallagher noted that he believed the lots are valid by statute at this point. Ms. Sullivan explained that the closing attorney on one of the properties requested that a plan be approved by the Planning Board thus the Form A plan was prepared.

Mr. Gallagher moved to approve plan entitled “A Plan of Land In Raynham, MA Owned By William Cain,” dated December 17, 2012, as an Approval Not Required plan; second by Mr. Ellis; motion passed by unanimous vote (4). The plan was signed.

6:54 p.m. – Metro West VW parking reduction special permit: Attorney Daniel Vieira, Easton, MA, was present on behalf of applicant. The final draft of the Certificate of Action and Affidavit of Common Ownership were presented for the Board’s approval. After discussion, the Certificate of Action was signed. Mr. Vieira will have the affidavit signed and returned to the Board.

855 Broadway site plan and special permit:  Revised plan, dated December 13, 2012, with the changes that were discussed at the public hearing, was received.  Mr. Gallagher and other Board members reviewed the plan and approved of the changes.

Mr. Andrade informed the Board that he spoke to Building Commissioner Dennis Machado about the fact that he believes the 855 Broadway site was grandfathered from site plan and special permit for parking reduction.  He noted Mr. Machado felt the traffic flow at the site was not good and wanted the Board to look at the new plan.  Mr. Andrade noted the engineer was given the option to talk to the Board before going forward with the plan.

The final draft of the Certificate of Action for site plan and special permit for 855 Broadway was presented for the Board’s approval and was signed by Mr. Gallagher.

General Business: Minutes of November 15, 2012 were received. Mr. Andrade moved to waive the reading and approve the minutes; second by Mr. Ellis; motion passed by unanimous vote (4).

E-mail correspondence, dated December 17, 2012, was received from Nitsch Engineering regarding Aspen Hollow as-built plan. The Board discussed the correspondence. The developer of Aspen Hollow will be advised to work with Nitsch Engineering on as-built plan issues.

Correspondence dated December 20, 2012 was received from Division of Fisheries & Wildlife regarding Bassett Knoll Estates.

General Business:  Mr. Andrade thanked retired Town Planner Marilyn Whalley for her years of service to the Board and the Town of Raynham.

There was no further business and the meeting adjourned at approximately 7:20 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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