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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes January 17, 2013
The Raynham Planning Board meeting on Thursday, January 17, 2013, at Raynham Veterans’ Memorial Town Hall, was opened at 6:03 p.m. by Chairman Daniel Andrade.

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

Staff present:  Administrative Assistant Maureen McKenney

6:03 p.m. - Whippoorwill Woods:  Keith McLaughlin appeared before the Board, on behalf of Brian McLaughlin, to discuss the status of Whippoorwill Estates.  Brian McLaughlin recently purchased the six unbuilt lots in Phase V and he purchased all of Phase VI.  The McLaughlins are constructing houses in Phase V but have not yet started work in Phase VI.  It was noted that all of Phase VI, including the roadway, will be the McLaughlin’s responsibility.  

Construction cost estimate dated April 18, 2012 from Nitsch Engineering was discussed.  Mr. McLaughlin questioned the difference between the surety amount the Board is currently holding and the April 2012 estimate provided by Nitsch.  Mr. Andrade explained that the Board asked Nitsch Engineering to do a site inspection and provide an update on the condition of the subdivision because the Board does not want to have an insufficient bond amount if the project were to go into default.

The Board and Mr. McLaughlin discussed increasing the amount of surety.  After discussion, it was agreed Mr. McLaughlin will submit the approximately $60,000 difference between the amount of the current tripartite agreement and the April 18, 2012 Nitsch estimate. It was noted that the $60,000 to be provided by the McLaughlins does not include the 30% contingency amount in the Nitsch estimate.

Mr. Fountain questioned whether or not there would be any issues with the lender’s tripartite agreement with the change in ownership.  Mr. Andrade noted that in the past, the agreements ran with the land.  Mr. Fountain asked to clarify that all Board members were in agreement with what was discussed.  No one spoke in opposition.

Motion was made to allow a check to be provided to increase the current security amount for Whippoorwill Estates as discussed; second by Mr. Fountain; motion passed by unanimous vote.   

Mr. McLaughlin asked if an extension of time to complete the work could be granted.  After discussion, it was agreed to have Highway Superintendent Stolte inspect the condition of Whippoorwill Estates and advise the Board and the Board will then vote on extending the time-to-complete.  Mr. Stolte will be asked also if the Town is snowplowing in Whippoorwill Estates.

Mr. Gallagher noted he drove through the subdivision and thought it was not in bad condition.

Mr. McLaughlin asked the Board if fewer lots could be released in Phase 6 so a smaller bond would be needed.  Mr. Andrade said it was possible.  

6:23 p.m. – Berry Hill Adult Retirement Community (ARC):  Attorney William Rosa, Raynham, MA, appeared before the Board and presented drafts of amended certificates of action (COA) for both the special permit and the subdivision approval for Berry Hill ARC.  Also present were Robert Turner and George Turner, who have purchased the remaining lots in Berry Hill and will be constructing homes.  It was noted the Board and Attorney Rosa had discussed this matter at their last meeting and the Board was not opposed to amending the certificates of action to incorporate the new language that was approved at the October 2012 special town meeting related to the age restriction in an ARC.

Mr. Andrade moved to approve the COAs to change the special permit for Berry Hill ARC to allow the language as amended at the town meeting; second by Mr. Ellis.  Motion passed by unanimous vote.  The COAs will be filed with the Town Clerk’s office.

There was discussion on whether or not an extension of time to complete the subdivision is needed.  It was noted an additional two years was added to the time frame due to recent state legislation.  Attorney Rosa said he will consider whether or not an extension is needed.

George Turner asked if the Board had any pending issues with the roads that have been installed to date.  After discussion, it was agreed the Turners may contact Nitsch Engineering to request copies of all the inspection reports for Berry Hill.

The Board and Attorney Rosa discussed that a new covenant will be required in lieu of a surety bond for the remaining lots in the subdivision.  Mr. Andrade noted the Turners have the responsibility of due diligence up to this point in time, but the Board is not aware of any issues at this point.  Mr. Gallagher noted the sewer department is maintaining the pump station and he does not think there are any issues with it.   

6:42 p.m. – Form A-Locust Street/King Street:  Azu Etoniru, P.E., Bridgewater, MA, appeared before the Board and presented a Form A plan creating five lots on Locust and King Streets.  Proper application and filing fee were submitted.  During review of the plan, it was noted the lot numbering was issued by Land Court.  It was noted there are no wetlands on the property.  

Mr. Fountain moved to approve as an ANR the “Division Plan of Land in Raynham (Bristol County-North District Map 12, Lot 214 Formerly 996 King Street, Owned by Top Hill Farms, LLC,” dated December 13, 2012; second by Mr. Driscoll.  Mr. Gallagher abstained; motion passed four in favor.  The plan was signed.

6:50 p.m. – 855 Broadway site plan was presented for endorsement.  There were no outstanding issues and the plan was endorsed by Board members.

6:53 p.m. – Steeple Chase/Finch Farm II subdivision:  Request to release the remaining surety funds for Steeple Chase had previously been received from developer Ron Turowetz.  Status update, dated   January 3, 2013, was received from Nitsch Engineering.  The Board discussed the matter of the street trees that were planted.  After discussion, Board members agreed all items were taken care of satisfactorily.  Mr. Andrade moved to release the balance of the bond being held for Steeple Chase/Finch Farm II with the condition that all project review bills are paid; second by Mr. Gallagher; motion passed by unanimous vote.  

General Business:  Mr. Fountain moved to waive the reading and approve the minutes of December 6, 2012 and December 20, 2012; second by Mr. Ellis.  Motion passed by unanimous vote.

Correspondence:  Letter dated January 2, 2013 was received from Attorney David T. Gay regarding the Board’s request for an update on condition No. 4 and No. 10 as set forth in the COA for Roger’s Way Extension.  Attorney Gay advised that the matter is still in Land Court.  No action taken by the Board.

Mr. Fountain noted that a recent Lawyer’s Weekly article referenced the Awais Farms appeal and that a partial motion to dismiss one of the counts of the appeal was dismissed, but the remainder of the appeal is still in Superior Court.

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

Respectfully submitted,

Christopher J. Gallagher, Clerk

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