Town of Raynham, MA - Planning Board Minutes October 9, 2003

The regular meeting of the Raynham Planning Board was held on October 9, 2003, at Raynham Town Hall.~ The meeting opened at 6:30 p.m. with John Canto, Carl Carlson and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).

6:32 p.m. – Town Planner Update – Mr. McCarthy distributed the final draft of the proposed Adult Retirement Community (ARC) By-law to be on the November Town Meeting warrant.~ He informed the Board that an article for an Associate Planning Board member will also be on the Town Meeting warrant.~ After discussion, motion was made to forward both Town Meeting articles to the Selectmen and to schedule a public hearing for the articles on November 13, 2003; motion seconded; motion passed on unanimous vote.

Mr. McCarthy submitted a draft of a letter dated October 9, 2003 from the Board to Howard Mintz, Packard Development, re. the completion of off-site improvements and Condition No. 5 on the Lowe’s Certificate of Action ;~ after discussion, motion was made to endorse the letter; seconded; motion passed on unanimous vote.~

Mr. McCarthy submitted a draft of a letter from the Planning Board to the Board of Appeals regarding variances and a possible retreat lot by-law. The matter was tabled until Mr. Fountain arrived.

Minutes of September 11, 2003 were submitted.~ Motion was made to approve the minutes as printed and to waive the reading; seconded; motion passed on unanimous vote.

6:45 p.m.~ Howard Mintz appeared before the Board and submitted a proposed modified site plan for the Lowe’s/Packard Development site.~ He explained that the second entrance to the restaurant at Lowe’s site is being eliminated and the restaurant and retail building are being relocated on the site because a land swap with the RV site will not happen. Mr. Mintz submitted a letter dated October 8, 2003, requesting that the ANR plan approved by the Board on July 24, 2003, for this site, be rescinded.~ He then submitted a new ANR plan for the site.

Board members and Mr. Schmid reviewed the modified site plan. (Burke Fountain arrived at 6:50 p.m.)~ Mr. Schmid said that he had no issues with parking, drainage or traffic on the new plan.~ After review, motion was made to accept the modified plan dated September 29, 2003 for the Lowe’s site, to consider it as a minor modification and to approve the minor modification; motion seconded; motion passed three votes in favor, Mr. Fountain abstained.

Mr. Mintz submitted a letter dated October 8, 2003, requesting that the ANR plan approved by the Board on July 24, 2003, for this site, be rescinded.~ He then submitted a new ANR plan for the site.~ After discussion, motion was made to approve the ANR plan entitled “LotsA-1 & D Plan of Land in Raynham, MA (Bristol County,” dated July 24, 2003, revised September 26,2003, prepared by Beals & Thomas, Inc.; motion seconded; motion passed on unanimous vote.~ The ANR plan was endorsed

7:00 p.m. - Public hearing for Mello/225 R. North Main Street subdivision/waiver of frontage plan was reconvened.~ Attorney Neil Morrison was present to represent Mr. James Mello, also present.~ Mr. Fountain briefly explained the history of the proposal to subdivide 225 R. North Main Street.~ He noted that the matter was now before the Superior Court and that a Summons and Restraining Order was issued that prohibited the Planning Board from acting on the matter.~ Mr. Fountain read the Summons and Restraining Order for the record.~ Attorney Morrison then submitted a request to continue the public hearing.

Dan Caldwell, 225 North Main Street, asked why the Board did not deny the subdivision plan and end the matter at this time.~ Mr. Fountain stated that the Board could not decide the matter now because it is in court.~ After discussion, a vote was taken to continue the public hearing to November 13, 2003.

7:10 p.m.- Richard Smith, Raynham, MA, appeared before the Board to discuss the approved site plan for Currie Glass on Broadway.~ Mr. Smith explained that he is purchasing the property and will locate his retail cabinet showroom on the site.~ He noted that the same parking layout and building footprint will be used but that septic will be eliminated because the site will be tied into the sewer system.

Arthur F. Borden, P.E., was present.~ He explained that the building will be located 20 feet north of where it is shown on the approved plan and that less grading will now be required because the building will be at a lower elevation due to the sewer system tie-in.

Board members and Mr. Smith discussed the proposed building, lighting, landscaping and parking at the site.~ It was noted that there will be no parking in front of the building.~ John Schmid informed the Board that if there is an increase in pavement and runoff then the drainage should be reviewed.~ Board members agreed.~~ After discussion, the matter was continued to October 23, 2003.~ Mr. Smith agreed to notify the immediate abutter to the site that there will be a modification to the approved plan.

7:30 p.m. – Public hearing for Westcott Circle subdivision was opened.~ Mr. Carlson read the hearing notice.~ Applicant Paul Westcott was present.~ Mr. Fountain noted that Mr. Andrade was not present tonight and that if testimony were heard tonight, Mr. Andrade could not vote on the plan.~ Mr. Westcott requested a continuance of the hearing.~ After discussion, the Board voted to continue the public hearing to October 23, 2003, 8:30 p.m.~ After discussion, it was agreed that the plan would not be reviewed by JNEI at this time.

Gordon Rose, Oak Street, inquired as to why the hearing was not going forward tonight.~ Mr. Fountain explained that a Board member cannot vote on a plan if he misses any public hearings on that plan so it is best to start public hearings with all Board members present.~ Mr. Fountain informed Mr. Rose that he could not answer specific questions before the public hearing.

7:45 p.m. – Board members discussed the proposed ARC by-law.~ After discussion, Board members agreed that previous language regarding a limitation to the number of people allowed in a household in an ARC community should be reinserted in order to strengthen the by-law and increase its chance of passing Town Meeting.~

8:00 p.m. - Public hearing opened for Repetitive Petition application submitted by Caroline McKenney, Gilmore Street.~ Mr. Carlson read the hearing notice.~ Attorney Alan Medeiros, Taunton, MA, appeared on behalf of Mrs. McKenney.~ Attorney Medeiros explained the history of the McKenney property on Gilmore Street, noting that a variance had been sought to divide the property that, in the opinion of the Town, had been merged.~ He explained that since the Board of Appeals denial of Mrs. McKenney’s variance request, her situation had drastically changed because her husband and son both died. He noted that one property is owned by Mrs. McKenney and one property is owned by her husband’s estate.

Board members and Attorney Medeiros discussed whether or not there were significant changes in circumstances of the variance petition to warrant allowing the petition to go back to the Appeals Board.~ After discussion, a motion was made to grant Mrs. McKenney’s repetitive petition request to allow the variance petition to be reconsidered by the Zoning Board of Appeals in under two years; motion seconded; motion passed by unanimous vote.~ ~~

8:20 p.m. - General business:~ Board members further discussed the ARC by-law.~ It was agreed that there should be a limit of two residents in an ARC dwelling.

Mr. Fountain stated that he will review the proposed draft of the letter to the Board of Appeals re. variances and a retreat lot by-law.~ The matter was tabled.

8:30 p.m.~ Meeting reconvened.~ AMICA Mutual Insurance public hearing opened.~ Mr. Carlson read the hearing notice.~ Correspondence dated September 29, 2003 was received from JNEI.~ John Bensley, P.E., Beals & Thomas, Inc., and Douglas Flight, AMICA Insurance, were present for the applicant.~ Mr. Bensley reviewed the plan for the Board. He explained that 89 parking spaces will be added to the site and no exterior changes will be made to the existing building.~ Mr. Schmid stated that he reviewed the drainage plan and he had no objections to it.

Board members discussed waiver requests.~ After discussion, motion was made to grant the four waivers requested from Sections 4.14, 4.15, 4.22 and 5.4; motion seconded; motion passed on unanimous vote.~ After discussion, motion was made to approve the plan entitled “Proposed Parking Lot Expansion, Raynham Woods Commerce Center in Raynham, Massachusetts,” dated September 16, 2003, last revised September 26, 2003; motion seconded; motion passed on unanimous vote.~