The Raynham Planning Board meeting of Thursday, June 26, 2003 was called to order at 6:30 p.m.
Present were Dan Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher.~ Also present were Town Planner Richard McCarthy, Maureen McKenney, Administrative Assistant, and John Schmid, Judith Nitsch Engineering, Inc. (JNEI).
6:35 p.m.~ General business:~ Special meeting was scheduled for July 1, 2003, 6 p.m., at Gilmore Hall, to discuss amendments to Subdivision Rules and Regulations.
During general discussion, it was noted that Carl Carlson was appointed as the Board's representative to the TIF Board.~ Also noted that Mr. McCarthy will be updating the Board at a later date on the issue of Route 138 rezoning.~ Board members agreed that any discussion of rezoning should be done at regular meetings so the discussions will be on camera for the public benefit.
A letter dated June 20, 2003 was received from Town Counsel Marc Antine, in which he gave approval to use a "Three Party Agreement" as performance surety for Whippoorwill Estates.~
A construction estimate dated June 17, 2003 was received from JNEI for Whippoorwill Woods; tabled to later date.
7:00 p.m. -~Lowe's Site Plan public hearing reconvened.~ Present for Lowe's were Project Manager Paul Cincotta, Packard Development; John Schipe, P.E., Rizzo Associates; Ron Muller, traffic consultant; Bill Fleming, landscape architect.~ Correspondence dated June 26, 2003 was received from JNEI.~ Mr. Cincotta updated the Board, noting that the revised site plan reflected the 6/26/03 JNEI correspondence.~
Mr. Schipe discussed changes made to the plan, specifically the fact that a restaurant, not a gas station, will be located at the site, parking setbacks were increased with more landscaping, detention basin was redesigned to include an underground water quality tank and a smaller basin footprint; site lighting was decreased with zero foot candles along the rear property line.
Mr. Cincotta stated that he has discussed the plan with several abutters.~ He submitted information for a proposed sign, noting that a variance from the Board of Appeals will be needed.~ It was noted that the sign will be located far enough off Route 44 to avoid sight distance problems.~
Several abutters addressed the Board with concerns, including:
Katherine Lauziere, 149 Judson Street, questioned the height of the berm along the rear property line.~ Mr. Schipe responded to her questions, explaining how and where the berm would be built.~
John Silveira, 133 Judson Street, noted he was told that the berm would be along the entire property line to limit visibility of the Lowe’s site.~ Mr. Fleming discussed the types and locations of plantings proposed along the property line to limit visibility.
Russ Martorana,~169 Judson Street, noted that he had met with Mr. Cincotta; Mr. Martorana believed the plan is the best it can be at this point but that he was concerned with noise and water runoff from the site.~ Mr. Cincotta noted that the quietest part of the Lowe's building was being located along the residential area of Judson Street to limit problems.~ During discussion, it was stated that headlights from cars on the site will not shine onto abutters' properties.~ There was discussion about the possibility of more existing vegetation being left in place in order to increase the buffer between the site and the residences.~
Mr. Gallagher suggested revisions to contours and gradings in the basin area.~ Mr. Cincotta agreed to "tighten" the plan.
Lynn Costa, 185 Judson Street, expressed concern with too much vegetation being cleared along her property line, stating that she should not need to provide extra buffer on her property.~ After discussion, it was agreed that fencing along the property line would be extended to half-way along the truck turnaround in the rear of the building.~ Board members discussed traffic flow and the rear access road.
Donna Silveira, 133 Judson Street, expressed concern with traffic generated from the site.
There was discussion about limiting delivery times.~ It was noted that the Town has a noise by-law if problems develop with noise from early deliveries. After discussion, Mr. Cincotta agreed that no trucks could park on site after 10 p.m. and before 6 a.m.~
It was agreed that the plan would be reviewed for consideration of Mr. Gallagher's suggestions. After discussion, the public hearing for the special permit for parking reduction was closed.~ A motion was made to approve the special permit to allow parking reduction from 930 spaces to 793 spaces with the condition that no outside storage shall be allowed on parking areas; motion seconded; motion passed on unanimous vote.~
Waiver requests were discussed.~ During discussion, Mr. Muller explained that the applicant has applied to Mass. Highway for curb cuts and that three curb cuts are being sought but that three existing curb cuts will be closed.~ After discussion, Board members agreed they were okay with the new curb cuts if they were exit only.~ Applicant agreed to submit a plan showing an alternative to the new curb cuts in the event they are denied by the State.~ The public hearing was continued to July 10, 2003, 8 p.m.
8:45 p.m. - Public hearing for Subdivision/Waiver of Frontage Plan for Ricardo Valle, 297 Orchard Street, opened.~ Mr. Carlson read the hearing notice.~ John Downey, Land Planning, and Ricardo Valle were present.~ Mr. Downey reviewed the plan for the Board.~ He explained that Mr. Valle’s house was built after the Board of Appeals granted a frontage variance. However, waiver of frontage approval from the Planning Board was never sought and Mr. Valle now needed the approval in order to get a permanent occupancy permit.
Correspondence dated June 17, 2003 was received from Roger Stolte.~ After discussion, Board members agreed that Mr. Stolte's concerns must be addressed on the plan.
After review and discussion, a motion was made to approve the plan as presented with the condition that the roadway bounds be set in accordance with Mr. Stolte's letter; and that a waiver from roadway construction standards from Subdivision Rules and Regs. Section 5 to Section 3 be allowed, and that a waiver of frontage be allowed; motion seconded.~ After further discussion, the motion was withdrawn and the public hearing was continued to July 1, 2003, 6 p.m., in order that a Certificate of Action could be prepared.~
9:05 p.m. - James Stover/Lot 29 Paramount Drive Site Plan public hearing opened.~ Mr. Fountain read the hearing notice.~~ Applicant James Stover and Project Engineer from Beals and Thomas were present.~ Correspondence dated June 16, 2003 was received from JNEI.~ Project Engineer reviewed the plan, noting that a 40,000 sq. ft. office/warehouse building would be constructed.~ There was discussion about the width of the driveway entrance to the site.~ Mr. Schmid stated he saw no problem with the access driveway as proposed.
Waiver requests were reviewed.~ It was noted that signage will be consistent with the Raynham Woods requirements.
After discussion, the public hearing was closed.~ A motion was made to approve the six waivers as discussed and as printed on the proposed Certificate of Action; seconded; unanimous vote to approve.~ A motion was made to accept and approve the site plan entitled "Proposed Warehouse Development, Raynham Woods Commerce Center, Raynham, Massachusetts," dated May 19, 2003, revised June 12, 2003; seconded; unanimous vote to approve.~ Certificate of Action to be issued.
9:25 p.m. - Courtyard Marriott Site Plan public hearing opened.~ Mr. Carlson read the hearing notice.~ Correspondence dated June 24, 2003 was received from JNEI.~ Bob Rogers, P.E., Tibbetts Engineering, and Beth Gleim of Jitan Management were present.~ Mr. Rogers reviewed the plan for the Board.~ He noted that parking exceeds the hotel's needs because a shuttle is frequently used to transport guests within the business park and that the proposed addition to the building is for rooms only and will match an existing wing on the hotel.~ John Schmid noted that the site had originally been designed for such an addition.~
During discussion, Ms. Gleim informed the Board that the hotel has been seeking a full liquor license but for guests only and that a public bar/lounge is not planned.~ Lorraine Nickerson, First Street, spoke and noted that a full liquor license might deter from Stone Forge Tavern.~
After discussion, the public hearing was closed. Motion was made to approve the special permit to allow reduction in parking from 161 spaces to 147 spaces subject to no expansion of the lounge or of the liquor license without further Board review; motion seconded; passed on unanimous vote.~ A motion was made to approve the site plan entitled “Raynham Woods Commerce Center in Raynham, Massachusetts for Courtyard Marriott 21 Room Addition,” dated May 20, 2003, last revision June 22, 2003 and waiving the Development Impact Statement and with conditions; motion seconded; passed on unanimous vote.~ Certificate of Action will be issued.
9:40 p.m.~- Five minute recess taken.
9:45 p.m. - 275 New State Highway/Raynham Plaza LLC Site Plan public hearing reconvened.~ Jack O'Leary, P.E., Merrill Associates, and applicant Jack Gamache were present.~ Mr. O'Leary submitted a revised plan and reviewed it for the Board, noting that landscaping island was added, one-way traffic flow at the drive-through bank window was added and a stop sign was added at the exit to Route 44.~ The plans also showed the proposed new curb cut and the existing curb cut.~ It was noted that a special permit for 15 space parking reduction might be needed if the existing curb cut is used.~
Mr. Gamache explained that the proposed project is at the 25% review level with the State.~ Memo dated June 25, 2003 from Vanasse Hangen Brustlin, Inc. was submitted along with letter dated May 5, 2003 from Mass. Highway.~ Discussion followed regarding the State approving the new curb cut.~ Mr. Gamache noted that the State approved of the proposed new opening on Rte. 44.~ Mr. O'Leary stated that the existing access will be used until the new curb cut is approved.
Lorraine Nickerson, First Street, spoke and noted that the situation sounded like the Rt. 138 McDonald's.~ Mr. Fountain noted that he would not vote for approval if this situation was like that McDonald's.
After discussion, Mr. Andrade said that the main issue was access/egress conditions; Mr. Carlson agreed.~ Discussion followed regarding bollards being located in front of the bank windows.~ The Board requested certification from an engineer regarding possible structural damage to the building in the event a car crashed into it.
Mr. Fountain stated he would approve the plan if the new access is allowed and that a building permit should not be issued before the entrance is moved from the existing location.
Letter dated June 26, 2003 from project engineer Merrill Associates, Inc. was submitted.
Mr. Andrade asked Mr. Schmid if the Board should consider a traffic study; Mr. Schmid stated they should explore it.~ Discussion followed about approving the plan pending approval of all State and local permits. After further discussion, it was agreed that the existing situation was dangerous and that more time was needed to resolve issues.~ The hearing was continued to July 24, 2003, 7 p.m.~
10:30 p.m.~ Ron Medeiros, Raynham, MA, and Attorney William Rosa, Raynham, MA, appeared before the Board to discuss possible TDR plan for land in area of Oakland Street, abutting the Taunton River.~ During discussion, the Board agreed that Mr. Medeiros must prove that a conventional subdivision is possible and that his property is worth preserving before a TDR plan can be approved.~ Mr. McCarthy noted that the Town is trying to preserve adjacent land owned by Mr. Medeiros as farmland.~ No action was taken.
10:45 p.m.~- Lorraine Nickerson, First Street, along with several neighbors, appeared before the Board to discuss rezoning of Broadway/First Street area.~ Mrs. Nickerson explained that land was being surveyed and she was concerned with a possible palm reading business being located on Broadway near First Street.~ She stated the existing Residential D District was a "joke."~
Mr. Andrade noted that no rezoning petition was before the Board.~ Mrs. Nickerson questioned whether or not the area should be rezoned Residential A.~ Mr. Andrade stated he did not want Residential A for the area and that he favored no change to the existing zoning and would not vote for any change.~ Mr. Fountain noted that changes to the area were inevitable because of the traffic along Rte. 138.~
Mrs. Nickerson asked if the Board would support any rezoning petition.~ Mr. Fountain stated he would like to see the Residential D District "fine-tuned."~
Robert McIntyre, 28 First Street, asked how a special permit for palm reading business was granted.~ It was explained that the Board of Appeals was the permit granting authority and that anybody could go a hearing when held.
Pam Hurd, 59 First Street, asked what type of businesses could locate on the corner of Broadway and First Street.~ Mr. McCarthy explained the types of businesses allowed in Residential D District.
Mary Morgis, 37 First Street, stated she was concerned with preserving the existing neighborhood and blending it with the business area.
Mr. Foutain noted that he owned property in the First Street area and would probably be abstaining from voting on matters concerning the area.
11:12 p.m. - John Noblin and Frank Campbell appeared before the Board to discuss a possible site plan for an office building on Commerce Drive/Route 44.~ After discussion, it was agreed that no Development Impact Statement was needed for the proposal.~ No action was taken.~
As there was no further business, the meeting adjourned at approximately 11:30 p.m.~
Respectfully submitted,
Carl Carlson, Clerk
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