Town of Raynham, MA - May 8, 2003 Minutes

The Raynham Planning Board held its regular meeting on Thursday, May 8, 2003.~ The meeting was called to order at 6:30 p.m. with Burke Fountain, Carl Carlson, John Canto, Dan Andrade and Chris Gallagher present.~ Also present was Richard McCarthy, Town Planner, Maureen McKenney, Administrative Assistant and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).

First order of business was Board reorganization.~ A motion was made and seconded to nominate Dan Andrade as Chairman; motion passed on unanimous vote.~ A motion was made and seconded to nominate Burke Fountain as Vice-Chairman; motion passed on unanimous vote.~ A motion was made and seconded to nominate Carl Carlson as Clerk; motion passed on unanimous vote.~ A motion was made and seconded to nominate Chris Gallagher as SRPEDD Representative; motion passed on unanimous vote.

At 6:32 p.m. Attorney David Frenette, Brockton, MA, appeared before the Board regarding acceptance of Katherine's Way and a portion of Titicut Swamp Road in Pondview Estates as Town ways.~ A letter dated May 2, 2003 was received from Highway Superintendent Roger Stolte recommending acceptance of the roadways.~ Attorney Frenette noted that at a meeting on May 7, 2003 the Selectmen voted to accept the roadway contingent upon Planning Board approval.~ After discussion, a motion was made to recommend approval of the roadways at Town Meeting; motion seconded; motion passed on unanimous vote.~~ Board members discussed the $100,000 bond being held for Pondview Estates.~ Attorney Frenette was advised to send a letter to the Board after the streets are accepted at Town Meeting to request release of the bond.

6:41 p.m. - Homer Davis appeared before the Board to discuss his plan for a daycare center at 890 Broadway.~ Mr. Andrade noted that at a previous meeting, the Board had determined that site plan approval was not needed for the site.~ Mr. Davis explained that the only change to the building would be a door being relocated.~ He discussed the traffic pattern, parking and a fence to be constructed around a playground area in the rear of the building.~ Mr. Andrade stated that bollards must be added to the plan.~

After discussion, Board members agreed that they would issue a letter to the Building Commissioner stating that if construction is done in accordance with the plan that Mr. Davis submitted to the Board, site plan approval would not be needed but if there were any changes or differences, Mr. Davis must return to the Planning Board.~ There was discussion about whether or not a public hearing was needed for the plan.~ After further discussion, it was agreed that the following revisions should be made to the plan:~ handicap space added, bollards added along the cement wall, parking lot striping added, traffic signs added, date on the plan, note regarding site lighting.~ After discussion, Board members agreed that if all the revisions were made, a letter would be sent to the Building Commissioner.~

7:05 p.m.~ Form A for Ryan Drive submitted by K & S Realty Trust.~ It was noted that the Board had approved the plan at the previous meeting but did not endorse it.~ After review, the plan entitled "Approval Not Required Plan Ryan Drive Raynham, MA," dated 4/24/2003 was endorsed.

7:10 p.m.~ Robert Field, Field Engineering, presented Form A plan for land on Walter Drive.~ Mr. Fountain stated he would abstain from the matter.~ Mr. Field reviewed the plan for the Board.~ After review, a motion was made and seconded to approve as a Form A plan the plan entitled "Subdivision Plan of Land of Lot 5 Leonard Street in Raynham, MA," dated March 25, 2003; motion passed on vote of four in favor and Mr. Fountain abstaining. The plan was endorsed.

7:20 p.m.~ Public hearing for rezoning portion of Carver Street from Business to Residential A.~ Mr. Carlson read the hearing notice.~ The rezoning request was submitted by citizen's petition initiated by Dana Myers, Carver Street.~ Mr. Myers was present and briefly explained the history of the area and the reason for the rezoning request.~ He noted that much of the land in the area was landlocked and that he felt the best use for his property was residential.

Mr. Andrade asked if anyone present was in favor of the rezoning.~ No one responded.~ He asked if anyone present was opposed to the rezoning.~ No one responded.~ The public hearing was closed.~ A motion was made to recommend approval of the rezoning at Town Meeting; motion seconded.~ Mr. Fountain noted that the rezoning would open the area up to a subdivision and questioned if rezoning to Farm and Forest would be better.~ Mr. Andrade noted that the Board had a responsibility to "clean up the mess" of past years.~ After discussion, the motion passed by unanimous vote.

Public hearing for rezoning of Broadway, portions of Map 1, Lot~26 and Lot 26A, from Residential A to Business. The rezoning request was submitted by citizen's petition, initiated by the property owners, Battastini.~ Mr. Carlson read the hearing notice.~ Mr. McCarthy briefly described the area proposed for rezoning and the reason for the request.~ Mr. Andrade asked if anyone present was in favor of the rezoning; no one responded.~ He asked if anyone present was opposed to the rezoning; no one responded.~ The public hearing was closed.~ A motion was made and seconded to recommend approval of the rezoning at Town Meeting; motion seconded.~ Motion passed on vote of four in favor and Mr. Fountain abstained.~

Public hearing for amendment to Section~5.4 (a) re. corner lots.~ Mr. Carlson read the hearing notice.~ Mr. McCarthy explained that the amendment would allow corner lots to have their address on the street frontage but a corner lot could be accessed from either one of its street frontages.~ He noted that the police and fire chiefs were in favor of the amendment.~ Mr. Andrade asked if anyone present was in favor of or opposed to the amendment; no one responded.~ The public hearing was closed.~ Motion was made and seconded to recommend approval of the amendment at Town Meeting; passed on unanimous vote.

Public hearing for rezoning of Broadway, Map 1, Lot~27 and Lot 28, from Residential A to Business. The rezoning request was submitted by citizen's petition, initiated by property owners, Jaskola.~ Mr. Carlson read the hearing notice.~ Mr. Andrade noted that Robinson Street residents has previously indicated they wanted the area to remain residential because rezoning might open up the back section of Robinson Street to business.~ It was also noted that the property owners were favorable to a cul-de-sac at the end of Robinson Street to lessen traffic.~ Mr. Andrade asked if anyone present was in favor of the rezoning.~ No one responded.~ He asked if anyone present was opposed to the rezoning.~ No one responded.~ Mr. Fountain stated he felt the location was good for business.~ Mr. Andrade stated that he favored a smaller area for rezoning.~ Mr. Carlson agreed that the area was a good location for business.~ Mr. Canto noted that if a business located in the area, they could mitigate with a cul-de-sac on Robinson Street.~ After discussion, the public hearing was closed.~ A motion was made and seconded to recommend approval of the rezoning at Town Meeting; motion seconded.~ Motion passed on vote of four in favor and Mr. Gallagher abstained.

8:00 p.m.~ Public hearing for 770 Broadway/Interior Alterations for New Church Space site plan.~ Mr. Carlson read the hearing notice.~ Owner/applicant Ronald Robittale was present along with Mark Cordeiro of Shevalier Associates.~ Mr. Cordeiro explained that space within the existing building will be renovated for church space and that a new ramp and handicap parking will be added to the site.

Correspondence from JNEI, dated May 5, 2003, was reviewed. Mr. Cordeiro reviewed the plan for the Board.~ He agreed to add bollards and parking lot striping to the plan.~ He noted that two entrances in the back are at grade level.~ Review correspondence dated May 5, 2003 from JNEI was discussed.~ John Schmid stated that the curb cut and access/egress along Rte. 138 could be improved. He also noted that the current parking did not comply with regulations. Mr. Robitalle and the Board discussed shortening the curb cut.~ Mr. Robitalle noted that the State took a portion of the curbing out a number of years ago making the curb cut larger.~

Mr. Gallagher noted that the scope of the work being done was small and did not warrant major improve-ments of other area other than the small renovation. Mr. Canto noted he felt this would be a good time to improve the parking area. Mr. Andrade agreed with Mr. Canto concerns regarding parking.

After discussion, the public hearing was closed. A motion was made to approve the site plan with the waivers as presented and with the addition of a handicap parking space close to the ramp and with bollards to protect the ramp; motion seconded.~ During discussion, it was noted that no waivers were requested.~ The motion was amended to approve the plan with the conditions as discussed; motion seconded; motion passed three in favor, Mr. Canto opposed; Mr. Fountain abstained.~

8:28 p.m. Public hearing for Raynham Plaza, 275 New State Highway site plan.~ Mr. Carlson read the hearing notice.~ Jack O'Leary, Merrill Associates, Barry Koritz, Rockland Credit Union, Jack Gamache, and Mike Juliano were present for the applicant.~ Mr. O'Leary explained that improvements are being made to the existing plaza, a small addition will be constructed onto the plaza for a self-storage facility and a free-standing bank will be added to the site.~~

John Schmid noted that the current lighting does not comply with the Board standards and that waivers are being sought for lighting.~ Board members and Mr. O'Leary discussed the lighting and it was noted that the only new site lighting will be at the bank. After discussion, it was agreed that the existing light poles will be lowered.

Correspondence dated May 5, 2003 from JNEI was discussed. Hours of the new storage facility were discussed. After discussion, it was agreed that parking spaces will be added to the plan. After discussion, a motion was made to allow the special permit request for a reduction in parking to be withdrawn; motion seconded; passed on unanimous vote.~ After discussion, the public hearing was continued to May 22, 2003, 6:45 p.m.

9:08 p.m.~ South Main Street/Warren Street preliminary plan hearing.~ Applicant Ronald Turowetz was present with Daniel Aguiar, P.E., Sitec Engineering.~ Correspondence dated May 5, 2003 was received from JNEI.~ Mr. Aguiar reviewed the plan for the Board.~ He noted that one lot was in Residential A zoning district and three lots were in Farm and Forest district.~ Board members discussed the possibility of an open space subdivision on the site.~ Mr. Turowetz agreed to consider an open space plan. John Schmid noted that the comments in his review letter can be addressed during the definitive plan process.

9:23 p.m.~ Fred Lincoln, 152 Katherine's Way, appeared before the Board for further discussion of the fence and site lighting at Dunkin' Donuts, Route 138.~ Carl Carlson and John Canto explained that they went to the site to assess the situation.~ They agreed that a fence at any height would not prevent light from spilling onto the Bolton property behind the Dunkin’ Donuts.~ They suggested that shields be put on the lights and on the drive-up board to lessen the effect.~ They noted that the fence along the property line does not extend as far as it should.~ After discussion, Mr. Lincoln agreed to block the area not covered by the fence to prevent people from cutting through.~ Mr. Canto noted that the drainage system did not look good and had a lot of debris in it.~ Mr. Carlson noted that the grade at the site was raised during construction, which could be a cause for the problems with lighting.

James Bolton, 301 Robinson Street, stated that the buffer did not take because of the steep grade.~ He stated he is able to see the building, the lights and the drive-up because there is insufficient buffer.~ He noted there were trees along his property line from June to October, which helped during those months.~ He stated that an eight-feet fence along the property line would help the situation.