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Planning Board minutes June 6, 2013
The Raynham Planning Board meeting on Thursday, June 6, 2013, at Raynham Veterans’ Memorial Town Hall, was opened at 6:12 p.m. by Chairman Daniel Andrade.

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

Staff present:  Administrative Assistant Maureen McKenney

6:12 p.m. - Discussion for Lincoln Woods - tabled to later date.
                    - Form A King Street/Locust Street – tabled to later date.

6:13 p.m. – Form A Elm Street East:  Frank Gallagher, P.E., Foxborough, MA, appeared before the Board with a Form A plan for land on 327 and 345 Elm Street East.

Christopher Gallagher informed the Board that Frank Gallagher is his brother so he will not be voting on the plan.

Frank Gallagher explained that the Form A Plan separates the non-buildable rear land at 327 Elm Street East and combines it with the adjacent 345 Elm Street East land. There was discussion of who owned the parcels.  After discussion, the Board determined that all members of the trust listed as the owner must sign the application, or a copy of a Power of Attorney authorizing Peter Witherell, Trustee, to sign on behalf of the other owners must be provided.  Mr. Gallagher agreed and withdrew the plan and application.   

6:25 p.m. – Lot 10 Forge River Park site plan public hearing was reconvened.  It was noted that the applicant had been advised to contact the Building Commissioner to determine whether or not Lot 10 has legal frontage on Forge River Parkway.  Mr. Turner informed the Board he was not able to contact Mr. Machado to discuss the matter.  He briefly discussed the history of the subdivision, noting the original developer had defaulted and the Town finished the road and eventually Town Meeting voted to accept the road.

Mr. Andrade discussed that there is no pavement in front of Lot 10.  Mr. Gallagher noted that if the road was accepted, it was only accepted to the existing cul-de-sac.

Mr. Turner provided the Board with a copy of an Agreement for Judgment, dated   March 11, 1996, between the Town and the original developers resulting from the default of the subdivision.  Mr. Turner read from Paragraph 5.  The Board and Mr. Turner discussed the matter further.  During discussion, it was noted the Town is still holding surety funds for Forge River Parkway.

Comment letter, dated April 25, 2013, for Lot 10 site plan was received from Highway Superintendent Stolte.  Todd Pilling, P.E., stated he received a copy of the letter.

After discussion, the Board agreed to send a letter to Town Counsel regarding the matter of Forge River Parkway, whether or not it is accepted, if  Lot 10 has legal frontage on the road and whether or not the bond funds can be used by the Town.

The public hearing was continued to June 20, 2013, 6:10 p.m.

6:52 p.m. – Metro West VW site plan:  Brian Dunn, MBL Land Development & Permitting Corp., So. Easton, MA, and Paul Boule, project manager for Metro West VW, appeared before the Board requesting to modify the approved site plan.  Letter dated June 3, 2013 was received from MBL outlining the proposed modification.

Mr. Dunn explained that the pole lights will be changed to LED lighting but the light poles will be the same height as approved.  He explained that Mass. DPW had concerns with the Rte. 44 drainage and with possible runoff from the site onto Church Street.  The runoff concerns, as well as safety concerns with the grade of the driveway, resulted in the applicant deciding to close the Church Street exit.  

The wall shown on the plan was discussed.  It was noted the height of the wall on the plan has not changed.

The Church Street exit was further discussed.  Mr. Andrade felt that eliminating the exit would not impact the Board’s previous approval.  Mr. Fountain stated he preferred the Church Street exit remain to allow better access onto Route 44 by way of the traffic light.  Mr. Gallagher noted the grade on the Church Street driveway was not steep.

Board members discussed the fact that the Church Street exit was closed without getting the Board’s approval to modify the approved site plan.  

Mr. Boule spoke on the matter, stating that the slope was “severe” and would create bad conditions in the winter with ice and snow.  He explained the access originally was not for customers to use but was an access around the back of the building for employees.

After discussion, Board members agreed they considered the closing of the Church Street exit was not a minor modification.

Mr. Ellis moved to approve as a minor modification the site lighting as shown on the plan by Lithonia Lighting, dated April 29, 2013, prepared for Metro West Volkswagen, solely for the lighting; second by Mr. Fountain; motion passed by unanimous vote.

Mr. Fountain moved to deny the request for a minor modification eliminating the curb cut opening on Church Street as shown on the Proposed Metro VW Dealership Grading, Drainage and Utility plan dated May 25, 2011, as requested in the June 3, 2013 letter from MBL Land Development & Permitting Corp., because it is not a minor modification and the Board finds there are safety issues better served by the exit onto the road leading to the traffic light; second by Mr. Ellis; motion passed by unanimous vote.

Mr. Dunn informed the Board he has on file a letter from Mass. Highway regarding the Church Street issue.

After further discussion of the drainage issue, Mr. Gallagher moved to approve as a minor modification moving the original catch basin on Route 44 to the gutter line, as described in letter dated June 3, 2013 from MBL Land Development & Permitting Corp.

Mr. Andrade suggested that in the future the applicant approach the Board to request minor modifications before making the changes.

7:22 p. m. – 890 Broadway:  discussion of site plan applicability was tabled to later date.

General Business:  

§      The summer schedule was discussed.  The Board will meet on June 20th.  The regular meeting of July 4th is cancelled due to the holiday and the Board will meet on July 18th.  The August schedule will be determined later.

§      Minutes of May 16, 2013 were received.  Mr. Fountain moved to waive the reading and approve as received; second by Mr. Ellis; motion passed by unanimous vote (5).

§      Aspen Hollow subdivision:  Letter dated June 4, 2013 was received from Mark Perron, Trustee, Brookview Realty Trust, requesting the release of the remaining snowplow funds at Aspen Hollow since the road was recently accepted at Town Meeting.  Letter dated May 22, 2013 was received from Gerald and Grace Smallhoover, North Main Street, stating their interest in procuring the small strip of land on Aspen Hollow Drive, shown as Parcel 1 on Aspen Hollow subdivision plan, which directly abuts their property.

        After discussion, Mr. Andrade moved to release the snowplow funds for Aspen     Hollow subject to receiving the proper paperwork pursuant to the Town Meeting article for acceptance of Aspen Hollow Drive and approval of the paperwork by Marc Antine; second by Mr. Ellis; motion passed by unanimous vote.  The Board agreed it needs to be determined that Parcel A is not part of the deed conveying Aspen Hollow Drive to the Town before it can be conveyed to the Smallhoovers.

§      Forge Estates (formerly known as Bella Estates) – letter dated June 6, 2013 was received from developers John Noblin and Frank Campbell proposing to deposit $5,000 into a homeowners’ account upon the sale of each individual condo unit as security for uncompleted work at Forge Estates.  Board members discussed the matter and agreed some amount of security is needed in order to sign occupancy permits in the future.  The matter was tabled to June 20th.    

§      E-mail dated June 6, 2013, from Beals & Thomas was received with a question relative to the RFP.  The Board noted that any work not able to be done directly by a consultant could be subcontracted out.

There was no further business and the meeting adjourned at approximately 8:05 p.m.

Respectfully submitted,

Raynham Planning Board

Christopher J. Gallagher, Clerk

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