Town of Raynham, MA - Planning Board Minutes

The Raynham Planning Board meeting of February 13, 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).

6:45 p.m. - Discussion regarding the proposed Certificate of Action (COA) for Lincoln Woods subdivision plan.~ Mr. McCarthy informed the Board that Attorney Antine has seen the COA. Correspondence on Lincoln Woods was received from Judith Nitsch Engineering, Inc. (JNEI), dated February 4, 2003. After discussion of the COA, Henry Ellis motioned to approve the definitive plan entitled "Lincoln Woods,” dated 12/12/02 consisting of 4 sheets, “Lincoln Woods Definitive Subdivision Modification Raynham, MA,” “Lincoln Woods A Definitive Subdivision of Land in Raynham, Massachusetts,” (sheet 6 of 16), and “Lincoln Woods Crimson Street Extension Raynham, MA” 1 sheet; second by Mr. Andrade. Board members then discussed the issue of the culvert on Crimson Street in Lincoln Woods. After discussion, a motion was made to add a condition to the COA that the applicant review and redesign the culvert if necessary as requested by the Planning Board or its agent; second by Mr. Fountain to amend the motion; motion to amend passed by unanimous vote. A motion was made and seconded to approve the COA as amended; motion passed by unanimous vote.

7:00 p.m. - Daniel Aguiar, P.E., Sitec Engineering was present on behalf of Carol Sullivan to discuss a possible one-lot subdivision off Carol Drive. Mr. Carlson announced that he would abstain from the discussion because he was a previous owner of the property. Board members and Mr. Aguiar discussed the issues to be addressed on the proposed plan, such as drainage, elevations, etc. Board members informed Mr. Aguiar that they would approve the plan for one house only.

7:18 p.m. Public hearing for Elm Street East/Landolfi subdivision plan opened. Attorney Edmund Brennan, Taunton, MA, was present with applicant Paul George, Norton, MA. Mr. Carlson read the hearing notice. Correspondence was received from JNEI, dated February 7, 2003. Attorney Brennan presented a copy of the easements to be recorded, and he noted that the applicant will record them along with the approved covenant when the plan is approved. During discussion, John Schmid informed the Board that he was confident that the proposed plan could be constructed as a one-lot subdivision. Mr. Ellis advised the applicant to get the fire chief's approval for the roadway.

Correspondence was received from Nancy and Andrew Rutter, 100 Elm Street East, expressing concerns they had with the proposed plan. Mr. Carlson read the letter for the record. Attorney Brennan responded to the letter from the Rutters. After discussion with the Board it was agreed that applicant would provide a 12 feet do-not-disturb area along the front yard of the new lot and the abutters' rear property line. The Board instructed John Schmid to address the matter of the holly tree on Rutters property at the next hearing. It was also agreed that the catch basins should be shown on the revised plan, the location of utility poles and utility stubs should be shown, structures on abutting properties should be shown on the plan beehive septic system on abutting property should be shown.

Peter Oldridge, 86 Elm Street East, addressed the Board and expressed concerns he has with the pitch of the proposed driveway and possible flooding onto his property. He stated he had concerns with the fact that a house was being allowed on this property, which he previously believed was unbuildable because it only had 40 feet of frontage.

There was discussion of the potential of this property as a larger subdivision. Mr. Canto noted that one house on the property would be better than six or seven. Mr. Andrade said that he did not have a problem with the 40 feet roadway layout because that was the requirement years ago and he believed the Board was favorable to smaller roadways now. Mr. Fountain noted that he would not approve the plan for a subdivision because it could not meet the current rules and regulations. Mr. Ellis stated he agreed with Mr. Fountain about approving only subdivisions that could meet the rules and regulation but that Mr. George had been before the Board with his plan before the Board publicly discussed their tougher position on approving one-lot subdivision plans. After discussion, the public hearing was continued to March 13, 2003, 7 p.m.

8:05 p.m. Public hearing for 876 Broadway/Berlin site plan was opened. Todd Pilling, P.E., Pilling Engineering Group, Brockton, MA, was present on behalf of the applicant. Correspondence dated February 12, 2003 was received from JNEI. Mr. Pilling presented the plan to the Board. He explained that the existing single-family dwelling on the lot will be razed and a one-story building will be constructed for a pediatrician's office. He noted that applicant has a Board of Appeals hearing for this plan on February 26th. Board members and Mr. Pilling discussed parking at the proposed site. Mr. Pilling noted that 30 spaces are being provided.

8:18 p.m. Doug King, No. Easton, MA, appeared before the Board to discuss a possible over-55 project for South Street East, which would be done as Phase II and III of his approved 40B project. Mr. King explained that he has 20 acres remaining from his 40B site and that he is considering developing adjacent property also. He noted that 20% of units built on the 40B site would be affordable units. Board members and Mr. King discussed the possibility of rezoning the area to Residential A. Board members agreed they had concerns with rezoning the area and that it might be better to allow an over-55 use by special permit rather than by rezoning.

8:30 p.m. Town Planner update regarding Broadway rezoning in Wilbur Street/Robinson Street area. Mr. McCarthy explained that the Board is considering rezoning the area from Residential A to Light Industrial. He noted he had invited property owners to the discussion, and several property owners were present. Mr. McCarthy introduced Greg Guimond of SRPEDD, who gave a slide presentation of the Broadway area.

Those present speaking on the proposal included: a representative of the Lutheran Church, who noted the church would want to be able to expand their building; Jane Borus, 54 Robinson Street, stated she wants no change to her property's zoning; Chuck Kazemekas, 68 Robinson St., noted he likes the zoning as it is; Mrs. Connors, 78 Robinson Street, stated she likes the zoning as it is; Mark~Crehan, 78 Wilbur Street, likes the zoning as is; resident of 176 Wilbur Street, also likes the zoning as it is. Board members discussed the possibility of constructing a cul-de-sac at the end of Robinson Street. The residents were agreeable to that idea. Several residents noted they did not want any uses that would encourage trucks in the area. They were agreeable to the area being zoned for office buildings.

Attorney Steve Strojny, Taunton, MA, addressed the Board to discuss the Jaskola property, which he noted is zoned both Business and Residential A. He requested that the property be zoned consistently to provide the best use for the owner. Mr. Jaskola informed the Board that he would like to see it zoned one way or the other, and he was agreeable to it being kept Residential A. Attorney Strojny discussed the Battastini property, which he noted would be best if zoned business.

Mr. McCarthy discussed the fact that light industrial zoning would not include retail or restaurant uses, which are now allowed under the business zoning. Attorney Strojny suggested Light Industrial with no restrictions on retail or restaurant use.

After discussion, Mr. McCarthy agreed to schedule another meeting to further discuss the matter. He will notify the property owners of the date. He noted that he felt a consensus had been reached that the church property should stay as it now is, that the three residences on Robinson Street should stay the same as they are now, and that the Battastinis wanted to keep their property zoned business.

9:36 p.m.~ Richard Halverson, Campanelli Co., presented the Preferred Freezer site plan with a modification. Correspondence dated February 13, 2003 was received from JNEI. Mr. Halverson explained that the building is being expanded by approximately 355 square feet. After discussion, Mr. Fountain moved to approve as a minor modification the site plan presented by Campanelli Companies entitled "Overall Layout & Zoning Plan,” dated June 1, 2002, last revised February 11, 2003, with no conditions as it does not affect the special permit granted; second by Mr. Carlson; motion passed by unanimous vote.

9:40 p.m. Richard Bastiansen was present to discuss Whippoorwill Estates. A petition dated December 23, 2002 regarding Whippoorwill Estates plan was received from area residents. Mr. Bastiansen explained that he felt the plan for Whippoorwill Estates had changed significantly without proper notice to abutters and, as a result, houses will be located closer to his property than what he had previously believed. Mr. McCarthy explained that during the approval process, the open space for Whippoorwill Estates had been redesigned at the Board's request, which resulted in different lot layouts. Mr. Bastiansen noted that he has an electric fence around his property so he has safety concerns with houses being located too close to his lot line. Mr. Ellis noted that abutters had been notified of the public hearing and that dates and times of continued hearings were announced at the meetings and notices were posted on the bulletin board at Town Hall. After discussion, the matter was continued to February 27, 2003, 6:40 p.m.

9:50 p.m.~ Attorney William Rounds, Taunton, MA, appeared before the Board on behalf of Homer Davis to discuss renovations to Mr. Davis' building located on Broadway. The building is being renovated for use as a day care center.~ Attorney Rounds requested that the Board waive site plan approval so that Mr. Davis could obtain a building permit for the renovations.

Building Commissioner Rod Palmer was present. He explained that there was no parking plan for the site, which he believes is necessary to address traffic flow for the day care center. After discussion, Board members agreed that in order to address safety concerns, a parking layout plan is needed. Mr. Davis agreed to provide a parking plan and Mr. Palmer was agreeable to that also. The Board then determined that a plan to address signage, parking and access/egress would be needed for the site. Mr. Fountain noted that a protected pedestrian walkway should be provided at the site. Mr. Palmer agreed that Mr. Davis may apply for a building permit to begin renovations to the building before the plan is approved by the Board.

10:10 p.m. Correspondence was discussed. A letter dated February 5, 2003 was received from the Selectmen regarding the proposed over-55 by-law for the Town Meeting. After discussion, it was agreed that the by-law will be sent back to the Selectmen after it is further amended.

Correspondence dated February 12, 2003 was received from Largo Realty requesting release of escrow funds for Shaw's/Ames site plan. Mr. Ellis noted that a letter certifying the lighting plan has not yet been received. After discussion, the matter was tabled to February 27, 2003.

Mr. Andrade informed the Board that he had contacted the State Ethics Commission to determine if there was a conflict in the fact that Attorney Edmund Brennan, who often appears before the Board, is his personal attorney. Mr. Andrade noted that the Ethics Commission advised him to file a disclosure form with the Town Clerk's office and with the Planning Board. Mr. Andrade noted he has filed the form with the Town Clerk and he submitted a copy to the Board.