The Raynham Planning Board held a special meeting Tuesday, March 20, 2003, at Gilmore Hall, Broadway.~ The meeting opened at 6:40 p.m. with Henry Ellis, Burke Fountain and John Canto present.~ Also present were Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.
6:45 p.m. Public hearing for 876 Broadway/Berlin site plan reconvened.~ Present were Todd Pilling P.E., applicant Rebecca Sullivan, and Kenneth Berlin, M.D.~ Correspondence dated March 18, 2003, from Judith Nitsch Engineering, Inc. was received and discussed.~ Todd Pilling, P.E., updated the Board about the revised site plan.~ Site landscaping and lighting were discussed.~ After discussion, Board members agreed the Board should have some discretion to revise the landscaping and lighting plan if necessary.
Mr. Ellis asked if anyone was present who wished to speak and no one responded.~ In response to a question from Mr. Canto, Mr. Pilling stated that there would be no signs indicating employee parking because it would be a self-policing situation.~ There were no further comments and the public hearing was closed at 6:50 p.m.~ Board members addressed the waiver requests.~ After discussion, a motion was made and seconded to approve the waivers as requested; motion passed by unanimous vote.~ A motion was then made and seconded to approve the site plan for 876 Broadway entitled "Site Plan, Locus and Zoning District Plan, 876 Broadway, Raynham, Massachusetts," dated January 3, 2003, last revised March 14, 2003; motion passed by unanimous vote.~ Mr. Ellis noted that Mr. Carlson and Mr. Andrade were not present. The Certificate of
Action for the approved site plan was signed.
6:55 p.m. - Discussion regarding Wal-Mart site plan.~ Building Commissioner Rod Palmer was present.~ He informed the Board that Wal-Mart had requested a temporary occupancy permit so that the new entrance can be used.~ Mr. Palmer explained that he had concerns with pedestrian safety at the site because of the ongoing construction with open trenches, large holes and generally messy conditions and he felt that the site should be cleaned up before an occupancy permit is issued.~ He noted that the main entrance was okay but that the construction area must be cleaned up.~ He stated that the fire department was okay with the site at this time.
Mike Mann of DeMarco Construction was present.~ He spoke about the matter and agreed to clean up the mess as requested by the Building Commissioner.~ He noted that he came on this job after the permits were issued so he was not aware of the procedures to be followed.~ Mr. Fountain informed Mr. Mann that the Board has had problems in the past with issuing temporary occupancy permits before all work is completely done and does not want to be in that situation again.~ Mr. Ellis stated he had seen the site and he agreed it was messy.~
Board members reviewed the Wal Mart Certificate of Action that was issued in 1999.~ Thomas Hogan, Doucette & Associates, was present, and he informed the Board that the site plan was accurate.~ There was discussion about the location of the garden center.~ Board members agreed that the garden center should not become part of the parking lot.~ Mr. Mann stated that a fence will be around the outer area of the garden center.~
Mr. Palmer informed the Board that there was inadequate signage at the site and that construction barriers were needed because the public was confused when entering the site.~ He noted that previously he had instructed the contractors to clean up the area but it was not done.~ He explained that the temporary occupancy permit will not be for the entire new area but only for a small section.~ Mr. McCarthy noted that when the new entrance is opened, the old one will be closed.~
Mr. Ellis and Mr. Fountain agreed that the site was a "disaster" and that there would be no more temporary occupancy permits if problems at the site continued.~ After discussion, it was agreed that no surety bond was being posted at this time.~ After discussion, Board members agreed that merchandise could be moved within the building without an occupancy permit.~ Mr. Fountain informed Mr. Mann that the Board wants one week notice before Wal-Mart returns for another occupancy permit so that a site inspection can be done. Mr. Mann agreed to that.
After discussion, a motion was made and seconded to authorize Building Commissioner Rod Palmer, at his sole discretion, to issue a temporary occupancy permit for thirty days; motion approved by unanimous vote.
7:30 p.m. - Broadway zoning amendment was discussed.~ Mr. McCarthy informed the Board that citizen's petition was submitted to rezone the Residential D area on Broadway to Business.~ He explained that he has fielded several telephone calls from area residents about the proposed Business rezoning.~ He noted that some residents were concerned with possible retail and fast-food or drive-through businesses locating in the area.~ Mr. McCarthy noted that the limited depth of the lots would be conducive to strip malls and fast-food type businesses locating there.~ He suggested a modified Residential D zoning that would eliminate the need for a special permit, would eliminate the 2,000 square feet size restriction and would allow businesses with accessory apartment.~ He noted that he felt a modified Residential D district might pass Town Meeting but
that a Business rezoning might not pass.~
William Ferrier, 416 Broadway, was present.~ He asked the Board if specific business uses, such as video stores with adult content, could be restricted from the area.~ Board members answered that they could not be restricted.~
William Chappell, 441 Broadway, William Cote, 417 Broadway and Dorothea Cote, 433 Broadway, were present.~ They spoke against the proposed rezoning to Business.~ They all indicated they wanted the area to remain residential.~ Mr. Cote noted that he has fought several rezoning attempts and he questioned why further attempts were being made to rezone that part of Broadway.~ Mr. Fountain informed him that it was being done by citizen petition so it must be brought before the Town Meeting.
Mr. Ellis stated that he felt there were three issues to address:~ the need to rezone, whether the zoning should be Business or a revised Residential D, and what layout should be used for any rezoning.~ Mr. McCarthy noted that traffic along Route 138 will only be increasing and the residential use might erode over the years.~ Board members discussed the Residential D zoning now in effect and whether or not it had been given enough time to become effective.~ After discussion, Mr. Ellis and Mr. Fountain indicated that they were not in favor of the petition for rezoning at this time and would vote against it.~ After further discussion, Board members agreed they were not ready to consider new zoning at this time.~ It was noted that if the Planning Board votes against the rezoning petition and it is defeated at Town Meeting, it cannot be brought
back for two years.~ Board members informed those present that a public hearing on the rezoning will be held on April 10, and at that time a vote will be taken.
Board members and Mr. McCarthy then briefly discussed other zoning amendments on the Town Meeting warrant.~ It was agreed that no change should be made to the request for change from Residential A to Light Industrial on Gardiner Street and the proposed amendment to Section 5.4, corner lots, was okay as submitted.~
As there was no further business, the meeting adjourned at approximately 8 p.m.
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