Town of Raynham, MA - Planning Board Minutes

The Raynham Planning Board meeting of February 27, 2003 was called to order at 6:30 p.m., at Town Hall, with Henry Ellis, Burke Fountain, Carl Carlson, John Canto and Daniel Andrade present. Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).

At 6:35 p.m. Harry Carey presented Form A plan on behalf of Raynham Sewer Department. He requested that the filing fee be waived.~ After discussion, a motion was made to waive the $100 filing fee; motion seconded; passed by unanimous vote.~ After review of the plan, a motion was made to accept the plan entitled "Plan of Easements To Be Acquired For Birch Hill Road Collector Sewer Town of Raynham, Massachusetts," dated February 6, 2003, prepared by Tighe & Bond; seconded; unanimous vote to accept. The plan was endorsed.

Board members discussed having the Clerk's signature as the only signature required on Form A plans in order to expedite the endorsement process. Members were agreeable to the idea. Mr. McCarthy will prepare a form to be recorded at the Registry of Deeds authorizing only one signature on Form A plans.

6:45 p.m. Richard Bastiansen, Locust Street, appeared before the Board to discuss Whippoorwill Estates. He explained that he feels the lots abutting his property are too close to his electric fence and he has concerns with liability issues. Board members and Mr. Bastiansen reviewed the approved plan. Mr. Bastiansen asked if the developer could be required to acknowledge in Purchase and Sales Agreements the fact that the lots abut a horse farm with an electric fence. He also asked if the developer could be required to erect a fence along the perimeter of his lot. After discussion, Mr. Fountain suggested that Mr. Bastiansen pull his electric fence back and install a chain link fence and signs along his property line. Mr. Bastiansen stated that he felt that he should not have to incur that expense.

John Schmid noted that the design process for Whippoorwill Estates took two years and was a complicated process with many hearings. After further discussion, a motion was made to send a letter to the developer requesting that he meet with Mr. Bastiansen to discuss the matter; motion seconded; passed by unanimous vote.

7:00 p.m. Carl Gauthier, Paramount Development, submitted Form A Plan creating two lots on Paramount Drive. John Noblin, Raynham, MA, addressed the Board and explained that he would be developing one of the lots. After review of the plan, a motion was made to approve plan entitled "Lot 25 and Lot 26 Plan of Land in Raynham, MA (Bristol County)," dated January 20, 2003, prepared by Beals and Thomas, Inc."; motion seconded; unanimous vote to approve. The plan was endorsed.

Mr. Gauthier submitted a second Form A Plan for land on Paramount Drive.~ After review of the plan, a motion was made to approve plan entitled "Lot 24 Plan of Land in Raynham, MA (Bristol County)"; dated February 11, 2003, prepared by Beals and Thomas, Inc.; motion seconded; unanimous vote to approve.~ The plan was endorsed.~

7:15 p.m.~ Public hearing for Mello/North Main Street Waiver of Frontage Plan was reconvened.~ Chris Gallagher, P.E., Raynham, MA, was present on behalf of applicants Kathleen Mello and James Mello.~~ Mr. Ellis announced that Town Counsel's opinion on this Definitive Subdivision/Waiver of Frontage submittal had not been received yet.~ Mr. Ellis noted that the deed submitted with the application had numerous errors in it and did not seem to correspond correctly to the applicant's property.~ He stated that perhaps James Mello did not own the property as a result of the defective deed.~ Mr. Fountain agreed that there were several errors in the deed.~ Board members and Mr. Gallagher discussed the deed and the plan submitted.~ Mr. Gallagher stated that in his opinion errors in deeds were not uncommon and the errors did not invalidate the deed.~

Mr. Ellis noted that Attorney Edmund Brennan was present, and he asked his opinion on the matter.~ Attorney Brennan stated that he represents abutter Thompson.~ He noted that he believes an applicant for subdivision approval must be the property owner but that he is not sure who is the owner in this case.

Board members and Mr. Gallagher continued discussion of the deed and the errors in it.~ James Mello, Taunton, MA, was present.~ He questioned why Board members would believe he did not own the property in question, which he noted was deeded to him by Kathleen Mello as part of a divorce settlement.~ Mr. Ellis responded that it was possible that only Kathleen Mello owned it because of the improper deed.

Attorney Brennan addressed the Board on behalf of abutter Thompson.~ He noted that the Thompsons were concerned with the fact that the proposed house on the new lot was in a different location than what was approved on the variance plan before the Board of Appeals.~

Dan Caldwell, 225 North Main Street, addressed the Board and explained that he had paid taxes on the entire original parcel for a year and he had hoped to purchase the property.~ He noted he was concerned with the process of the application and concerned for what property he actually purchased.~ Kerry Galligan, 225 North Main Street, addressed the Board.~ She also noted that she and Mr. Caldwell had paid taxes on the entire parcel.~ She stated that she was opposed to the proposed location of the house on Lot 1.~

Mr. Fountain asked Mr. Gallagher if he had advised Mrs. Mello to create a new plan.~ Mr. Gallagher stated he advised Attorney Steve Strojny that he should not deed the lot until the Planning Board had approved a plan.~ After further discussion, it was agreed that the outstanding issues were Town Counsel's opinion, whether or not Mr. Mello owns Lot 1 and if Mr. Mello is a proper applicant before the Board.~~ After discussion, the public hearing was continued to March 13, 2003, 8 p.m.~ JNEI will review the plan for that meeting.~~~

8:15 p.m.~ James Tilbe, Raynham Congregational Church, appeared before the Board to discuss a possible site plan for the church.~ He explained that the church will be constructing an addition and expanding the parking area onto the adjacent lot, which they own.~ There was discussion about whether or not an easement for the parking will be needed.~ Chris Gallagher, P.E., was present.~ He assured the Board that lighting and drainage issues would be addressed on a plan.~ After discussion, Board members agreed that a minimal site plan for the proposed project is needed.

8:17 p.m. Public hearing for Payne Farm/Finch Farm II reconvened.~ Ronald Turowetz, Daniel Aguiar, P.E., and Attorney John Jacobi were present.~ Correspondence was received from JNEI, dated February 27, 2003.~ Mr. Aguiar noted there were only nine issues remaining to be resolved.~ John Schmid informed the Board that he is still reviewing the drainage plan and needs another month.~~After further discussion, it was agreed that Attorney Jacobi would draft correspondence to Town Counsel regarding the issue of the Board allowing an extra lot in the subdivision because he gave up lots along Leonard Street.~ There was brief discussion about a grass strip along the sidewalks.~ Board members agreed they would consider waiving the grass strip requirement if mailboxes were at a central location and if there were mitigation.~ They agreed there should be sloped granite at the subdivision entrance and along the cul-de-sac.~ Landscaping was discussed.~ Mr. McCarthy advised the applicant to get the Fire Chief's approval for the street name.

Abutter Rich Amirault was present.~ He stated he had no questions.~ After discussion, the public hearing was continued to March 13, 2003, 8:30 p.m.~ John Schmid suggested that the Board consider holding a special meeting to address Payne Farm because it has been a lengthy process and he felt the Board would need time to review the revised plan.~ Mr. Turowetz submitted an extension of the Board's Time-To-Act to April 30, 2003.

8:47 p.m.~ Robert Kelly presented the 1958 Broadway Realty Trust site plan for endorsement.~ After discussion, it was agreed that the plan would be signed and held in escrow until additional review fees were received.~ The plan was endorsed.

8:50 p.m.~~ Attorney Andrew Schwartz, Brockton, MA, presented a Form J for release of lot on Locust Street that was a part of Old Farm Village subdivision.~ After discussion, a motion was made to release Lot 2 Locust Street; seconded; passed by unanimous vote.~ The Form J was signed.~

8:58 p.m.~ Daniel Aguiar, P.E., Sitec, Inc., New Bedford, MA, presented Form A Plan for land off Leonard Street.~ After review, a motion was made to approve the plan entitled "Approval Not Required Plan of Land Located off Leonard Street in Raynham, MA Prepared For Easecat, Inc."; dated January 21, 2003, prepared by Sitec, Inc.; motion seconded; four Board members voted in favor and Mr. Carlson abstained.~ The plan was endorsed.

9:02 p.m.~ Manny Souza, Berkley, MA, appeared before the Board to discuss the previously approved site plan for Currie Glass, Broadway.~ Doug Currie was present.~ He noted that the site plan was approved but not endorsed.~ He explained that he is selling the property to Mr. Souza, who will be building a farm stand/garden center.~ Mr. Souza and Mr. Currie each explained why they felt that the new use would only require minor modifications to the approved site plan.~~ After further discussion, John Schmid and Board members agreed that the modifications to the plan would be significant because of the new use, which could result in more on-site traffic.~ The Board suggested that Mr. Souza consult a civil engineer to prepare a new site plan.~ Richard DeMarco, P.E., was present on behalf of Mr. Souza and he addressed the Board regarding their concerns.~ After further discussion, it was agreed that JNEI will review the approved plan and the modified plan and report back to the Board.~~~~~~

9:18 p.m. Yiannis Davos, Raynham, MA, submitted Form A Plan for land on Gilmore Street.~ After review of the plan, a motion was made to approve the plan entitled "Plan of Land of Broadway and Gilmore Road in Raynham, Massachusetts Owned By Yiannis Davos, Tr"; February 11, 2003, prepared by A. Borden & Associates, Inc.; seconded; unanimous vote to approve.~ The plan was endorsed.

9:30 p.m.~ Attorney Michael Peirce, Newton, MA, appeared before the Board to discuss a future site plan for Mobil Oil on Route 138/Elm Street East.~ Attorney Peirce noted that Mobil Oil has purchased an abutting lot and will be expanding their facility.~ There will be a new building, a new car wash, and new drainage.~~ There will not be a drive-through window on site.~ Board members and Attorney Peirce discussed a possible access/egress onto Elm St. East for the site.~ Attorney Peirce will submit the site plan at a later date.

9:50 p.m.~ Town Planner Update - Board members and Mr. McCarthy discussed the proposed Adult Retirement Community (ARC) by-law.~ There was considerable discussion about allow an ARC in business and/or industrial areas.~ During discussion, it was noted that the ARC projects would be limited because of a cap on the percentage of development allowed under the by-law.~ It was also noted that an ARC could be a tax benefit to the town with no impact on the school system.~ Board members felt the proposed ARC by-law was consistent with the Master Plan.

John Noblin, Raynham, MA, addressed the Board regarding the ARC by-law.~ He noted he was against the density proposed in the by-law and he felt it was contrary to the Master Plan. Ron Turowetz, Hyannisport, MA, addressed the Board regarding the by-law.~ He spoke in favor of the by-law and he noted that often times businesses will follow residentially developed areas, which would result in more money to a community. Fred Clark, of Mirrione Corp., Easton, MA, spoke in favor of the proposed by-law.~ He noted there was a need for an ARC and affordable housing in Raynham.~ He questioned why the proposed by-law would be capped at 7.5% limit of development. Attorney John Jacobi, Attleboro, MA, also questioned why there was a 7.5% limit of development in the by-law.~ He noted that a single-family dwelling would be a bigger drain on town services than an ARC dwelling. Tom Armitage spoke about the fact that children can be excluded from an ARC and that an over-55 development would self-police itself to limit children.

Board members discussed changing the density of development in an ARC.~ After discussion, it was agreed to allow three units per acre rather than four as originally proposed.~ After further discussion, Board members also agreed not to allow an ARC in industrial areas and to allow an ARC in business areas by special permit.~ After further discussion of the proposed zoning amendments, a motion was made to forward them to the Selectmen for inclusion on the Town Meeting Warrant; motion seconded; motion passed by unanimous vote.

10:42 p.m.~ A letter dated February 24, 2003 was received from Largo Realty, Inc., requesting release of the surety funds being held for Shaw's/Ames site plan.~ Mr. Canto noted that he had checked the lighting at the site and found it to be acceptable.~ After discussion, a motion was made to release the $25,000 escrow funds being held for Shaw's/Ames site plan to Largo Realty; motion seconded; approved by unanimous vote.