The Raynham Planning Board meeting of Thursday, June 12, 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 Maureen McKenney, Administrative Assistant and John Schmid of Judith Nitsch Engineering, Inc.
6:35 p.m. - Correspondence was received from owner Fred Lincoln re. Dunkin' Donuts, 1701 Broadway, informing the Board that the light shields were in place and the fence area had been repaired at the site.~ Mr. Lincoln requested an occupancy permit and release of the surety funds.~ During discussion, Board members noted that neighbor James Bolton was not present with further concerns.~ After discussion, motion was made to grant an occupancy permit and to release the bond; motion seconded.~ During discussion, Mr. Canto noted that the drainage basin was in bad shape.~ John Schmid stated that on several occasions he had asked that the basin be cleaned out but it was never done.~ After further discussion, motion was made to amend the motion to issue an occupancy permit but to hold all surety funds until the basin area is cleaned
out; amended motion seconded; amended motion passed on unanimous vote.
6:43 p.m. - Alec Rich present with Form A plan for land on Hall Street.~ Board members reviewed the plan.~ After review, motion was made and seconded to approve the plan entitled "Plan of Land on Hall Street In Raynham, MA,” dated May 6, 2003, revised June 6, 2003, owner Aaron D. Baroni;~ motion passed by unanimous vote.~ The plan was endorsed.~~
6:47 p.m. - Attorney Ed Brennan presented the Elm Street East/George subdivision plan for endorsement.~ After review, the plan was signed.~~
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6:55 p.m. - Board members discussed the issue of whether or not to notify abutters to parcels that are being considered for zoning changes.~ It was noted that at the Town Meeting some residents felt they were not properly notified of zoning changes.~ It was also noted that by law abutters did not have to be notified and that zoning change hearings are advertised and are on the Town Meeting Warrant that is distributed to each household.~ No action was taken, and the matter was tabled for further discussion.~
7:10 p.m. - 275 New State Highway Site Plan/Special Permit public hearing opened.~ Mr. Carlson read he hearing notice.~ Present were Jack O'Leary, Merrill Associates, and applicant Jack Gamache.~ Review correspondence dated June 12, 2003 was received from JNEI.~ Mr. O'Leary reviewed the site plan for the Board, explaining that parking spaces conformed to zoning, the existing parking lot would be relandscaped, an old drive-up window at the plaza would be eliminated and a new drive-up would be located at the proposed bank building, a connecting aisle was planned for future use between the site and Town Fair Tire site, and the site access would be relocated if proposed new traffic lights and curb cut across from Shaw's Plaza are approved by the State.
During discussion, Board members agreed they did not like the existing access to the site for safety reasons.~ Mr. Gamache informed the Board that he is trying to get a design change order through the State to relocate the access and curb cut across from Shaw's Plaza but that it could take several months to get final approval.~ After discussion, Board members agreed that they needed written approval from the State indicating that they would approve the new access.~ Traffic flow on the site was discussed, the drive-up area and canopy for the bank was discussed.
After discussion, Board members agreed that outstanding issues included:~ Mass. Highway approval for the new traffic light/curb cut, improving traffic flow on the site, improving traffic flow near the new drive-through window, and issues discussed at previous meeting.~ The Board also agreed that they could not give approval for a building permit at the site until they know the State is ready to proceed with the proposed new access.~ The hearing was continued to June 26, 2003, 8:45 p.m.~ Mr. Fountain noted that mitigation had not been discussed yet.
7:50 p.m.~ Exxon-Mobil Site Plan public hearing opened.~ Mr. Carlson read the hearing notice.~ Correspondence dated June 11, 2003 was received from JNEI.~ Attorney Michael Peirce, traffic consultant Jack Gillon, Alan Micale, P.E., Ayoub Engineering, and John Carde were present on behalf of the applicant.~ Attorney Peirce explained that there were no new uses being proposed for the existing site but that new gasoline dispensers were planned, a faster, quieter car wash was planned and a new access onto Elm St. West from the site was planned.~ He noted that new landscaping would be added to the rear of the site and that no impact from the improvements would affect the neighbors.
Mr. Fountain requested that the applicant submit a certified letter stating that the building would be protected in the event that a car should crash into it.~ There was discussion about headlights on the site shining onto neighbors' property and Attorney Peirce assured the Board that the plantings would protect the adjacent area from headlights.~
Jack Gillon, Gillon Associates, discussed the Traffic Impact Statement that was distributed to the Board.~ The new access onto Elm Street West was discussed.~ Attorney Peirce noted that the project's impact to the neighborhood must be considered before mitigation could be addressed.~ Attorney Peirce presented a rendering of the proposed project, which indicated colonial style architecture for the building.~ Noise levels at the new car wash were discussed.~ Attorney Peirce informed the Board that the car wash would be quieter than the existing car wash.
Mr. Canto expressed concern with the new access onto Elm Street West and suggested emergency-only access through the rear of the site rather than the proposed access onto Elm Street West.~ Mr. Gallagher noted that the new access might reduce the possibility of accidents at the Elm Street West/Broadway intersection.~ It was noted that the police and fire chiefs had received the proposed site plans but did not attend the Design Review Meeting to express any concerns.~ Mr. Gillon further discussed the traffic pattern and the intersection, noting that the new access would allow better traffic circulation.
Nancy Monahan, 387 Bridge Street, addressed the Board with concerns about the new location of the car wash.~ She expressed concerns with headlights from traffic on the site and questioned whether or not the Board of Appeals had imposed conditions on the special permit that was originally granted for the gas station.~ Attorney Peirce explained that no new lighting was being added to the rear of the site.~ Attorney Peirce agreed to continue a stockade fence along the rear property line to protect neighbors.~~~~~
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John Kudlacik, 1263 Broadway, addressed the Board about his concerns with headlights from cars exiting the site and shining onto his property.~ Attorney Peirce explained that with the new access onto Elm Street West, fewer cars would exit across from Mr. Kudlacik's property.~ After discussion, he agreed to add landscaping to the Broadway exit to buffer the lights.
Michael Monahan, 387 Bridge Street, requested that gasoline tankers be prohibited from turning on Bridge Street and Elm Street West.~ He also noted that the existing house owned by the applicant had become unsightly.
John Schmid informed the Board that there were drainage issues to be resolved.~ He also noted that several waivers from the rules and regs were needed because the site is pre-existing.~ After discussion, the hearing was continued to July 10, 2003, 7 p.m.~ Mr. Canto requested that the applicant submit an approval letter from the fire chief.
8:50 p.m.~ Jess Marie Estates public hearing was reconvened.~ Correspondence dated June 10, 2003 was received from Hayward-Boynton & Williams requesting a continuation of the hearing.~ The public hearing was continued to July 10, 2003, 7:30 p.m.
8:53 p.m. - Robert Kelly and Craig Horsfall, P.E., Hayward-Boynton & Williams, submitted a proposed modification to the approved 1958 Broadway/Carney site plan.~ Correspondence dated June 4, 2003 was received from JNEI. Mr. Horsfall explained the proposed revisions, noting that the truck docking area was reconfigured, five feet was added to the building length, an 841.5 sq. ft. addition was being added for tanks and a force main to the sewer lines was to be installed.~ Mr. Kelly explained that water would be treated to effluent quality and not to groundwater quality as originally planned because the DEP permitting process is easier for effluent quality.~ He noted that he hoped to get to groundwater standards in the future.
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After discussion, a motion was made to consider the proposed modification minor and to approve the minor modification, as noted in Nos. 1, 2, 3, and 4 of the June 4, 2003 JNEI correspondence; motion seconded; motion passed by unanimous vote.
9:05 p.m. - Paul Westcott, Oak Street, was present to discuss a possible two-lot subdivision on his property so he could create a second buildable lot.~ He explained that in order to conform to zoning requirements, a 50 feet right-of way was not possible. He asked for the Board's consideration in granting a waiver from 50 feet to 40 feet right-of-way.~ During discussion, Mr. Andrade and Mr. Gallagher indicated they would be favorable to the waiver.~ Mr. Fountain and Mr. Carlson noted that they could not approve the proposed subdivision plan unless it could be done under the present rules and regs.~ Mr. Canto noted that the proper way to create a second lot would by a retreat lot by-law.~ Board members discussed the possibility of a retreat lot by-law for next year's Annual Town Meeting.~ Mr. Westcott indicated he would be
willing to start the process if necessary.~ No action was taken on Mr. Westcott's plan.
9:25 p.m. - Developer Nick Mirrione, Easton, MA, appeared before the Board to discuss the Adult Retirement Community (ARC) by-law that was defeated at Town Meeting.~ He asked that the Board bring it up for reconsideration at the continued Town Meeting in June.~~ During discussion, Mr. Andrade noted that over-55 developments should be allowed in Residential A zones and that an over-55 development could be a financial benefit to the Town.~ He read a letter from Robert Lothrop, Macy Street, in support of the ARC.
Mr. Canto noted that there were pluses and minuses to allowing the ARC by-law and he was neutral at this point.~ Mr. Carlson indicated he was in favor of the ARC developments and noted that they would be allowed by special permit, which gave the Board over their development.~ Mr. Fountain indicated that he was also in favor of the ARC by-law and he felt that the Town Meeting did not understand the ARC by-law when it was presented.~ Mr. Gallagher noted that he was not sure of the need for ARC and that he was concerned with the density allowed in the by-law.~ He felt residents of the Town should be protected and that the by-law should be reworked before bringing back to Town Meeting.
Mr. Mirrione indicated that he was okay with Residential A being amended out of the by-law and that he would not go forward with a project on King Street without the support of King Street residents.
After discussion, Board members agreed that no specific areas should be mentioned at this time in connection with the by-law and that Residential A zones should not be amended out of the by-law.~ Mr. Gallagher was agreeable to Residential A being included only if a project was designed properly.~ It was then agreed that Mr. Carlson would ask the upcoming Town Meeting to reconsider the ARC by-law.
11:10 p.m. - Proposed plan for 890 Broadway property owned by Homer Davis was discussed.~ (Mr. Davis was not present.)~ Mr. Andrade reviewed the plan for the Board.~ He noted that he had talked to the Building Commissioner about Mr. Davis' proposed day care center plan and that after their discussion, they agreed that a Certificate of Action should be issued when the Board approves minor changes to a site without requiring full site plan approval.~ Mr. Canto noted that the purpose of site plan approval was to include any neighbors who might have concerns about development at a site.~ After discussion, a motion was made to accept Homer Davis' layout plan for 890 Broadway; motion seconded; motion passed four in favor, Mr. Canto opposed.
Minutes of May 8, 2003 were received.~ Motion was made, seconded and unanimously approved to waive the reading.~ Motion was made, seconded and unanimously approved to accept the minutes.
Board members discussed new scheduling for hearings and discussions so that the meetings can end at a reasonable hour for those people attending and watching on TV. New scheduling format will be implemented.
After discussion, Board members agreed to schedule a special meeting on Thursday, June 19, 2003, 6 p.m., at Gilmore Hall, to discuss amendments to subdivision rules and regulations only.
Town Planner’s Report was discussed. After discussion, the Board authorized Mr. McCarthy to proceed with SRPEDD grant for Rte. 138.
After discussion, a motion was made to nominate Carl Carlson as the Board's representative to the TIF Board; seconded; passed by unanimous vote.
Correspondence dated June 11, 2003 was received from Michael Thiel regarding Finch Farm Condos, Lot 2. After discussion, motion was made to transfer the surety funds being held for Finch Farm Condos Lot No. 3 to the escrow account for Lot No. 2, and to approve an occupancy permit for Finch Farm Condos, Lot No. 2; motion seconded; motion passed by unanimous vote.
As there was no further business, the meeting adjourned at approximately 11:58 p.m.~
Respectfully submitted,
Carl Carlson, Clerk
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