The Raynham Planning Board held its regular meeting on Thursday, October 23, 2003, at Raynham Town Hall.~ The meeting opened at 6:30 p.m. with Daniel Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present.~ Also present was Richard McCarthy, Town Planner, Maureen McKenney, Administrative Assistant.
6:30 p.m. – Board members reviewed a Form A plan submitted by Frank Rozenas, Trustee, for land on Broadway.~ After review, motion was made to accept as a Form A plan “A Plan Of Land In Raynham, MA Now Or Formerly Owned By Leo & Pauline Battistini,” dated March 8, 2003, drawn by C.J. Kelly & N. Kelly, Taunton, MA; motion seconded; motion passed on unanimous vote.~ The plan was endorsed.
6:40 p.m. – Attorney Michael Pollack, Taunton, MA, presented Form A plan on behalf of Daniel Andrade.~ Mr. Andrade recused himself from the Board for this matter.~ During review and discussion of the plan, it was noted that minimum lot size in the Zone II District on King Philip Street is 45,000 square feet.~ After discussion, Mr. Andrade withdrew the plan
6:45 p.m. – Michael Peterson, Easton, MA, appeared before the Board for the endorsement of Jess Marie Estates subdivision plan.~ Mr. Peterson submitted a Board of Health receipt for detention basin maintenance fees along with $200 check for outstanding submittal fee.
Board members and Mr. Peterson discussed deeding the open space in Jess Marie Estates to the Town.~ After discussion, it was agreed the open space should be deeded to the Town before Town acceptance of the road.
Speaking as an abutter to the subdivision, Mr. Fountain stated that he has not received a 20 feet easement as shown on the plan.~ After discussion, it was agreed that the following issues must be taken care of before the plan can be endorsed: assent/signature of Mary Ann Peterson on the covenant form, the easement to abutter must be granted; deed to open space must be reviewed. The plan was not endorsed; Mr. Peterson will return at later date.
7:15 p.m. – Carver Woods preliminary plan hearing opened.~ Arthur Borden, P.E., and applicant Brian Mulligan were present.~ Mr. Borden submitted a list of plan waiver requests.~ Board members and Mr. Borden discussed drainage.~ Mr. Borden stated there would be no increase to pre-development groundwater.
Review correspondence dated October 20, 2003 was received from JNEI. Letter dated~October 20, 2003 from Town Planner was discussed.~ Mr. Mulligan stated his intent is to keep as many trees on the site as possible.
Waivers were discussed.~~There was discussion about locating a sidewalk on Carver Street in lieu of sidewalk in Carver Woods.~ Mr. McCarthy will consult with Roger Stolte about the cost of a Carver Street sidewalk.~ No action was taken on the plan.
7:30 p.m. – Aspen Hollow open space preliminary plan hearing opened.~ Tom Pozerski, Hayward-Boynton & Williams appeared before the Board and reviewed the plan.~ Review correspondence was received from JNEI, dated October 21, 2003; letter dated October 9, 2003 from Roger Stolte received.
Board members and Mr. Pozerski discussed whether or not the lot with the existing two-family house could be part of the open space subdivision with 20,000 square feet lot area.~ After discussion, it was agreed that the matter will be researched.~ Waivers were discussed.~ Mr. Pozerski stated that the subdivision could be built without waivers from rules and regulations with the possible exception of a request to eliminate one sidewalk.~ After discussion, Board members agreed that the conventional plan must comply with rules and regs. after it receives Conservation Commission approval.~ No action was taken on the plan.
General business:~ Minutes of October 9, 2003 were received. Motion made and seconded to waiver reading; unanimous vote to approve.~ Motion made and seconded to accept minutes; unanimous vote to approve. Invoices were signed.
8:00 p.m. – Hess gasoline station site plan public hearing opened.~ Mr. Carlson read the hearing notice.~~ Mr. Fountain noted that he represented the bank that gave a loan to the current property owner, and he asked if anyone present felt that was a conflict of interest.~ Attorney Francis O’Boy, Taunton, MA, representing abutters Mr. and Mrs. Phillips, stated he had no problem with Mr. Fountain hearing the matter.~ After discussion of the matter, Mr. Fountain recused himself from the hearing because of possible title problems with the Hess site and the Phillips property.
Correspondence received: JNEI review letter, dated October 23, 2003; JNEI Memorandum, dated October 20, 2003, re. traffic assessment; letter dated October 9, 2003, from Roger Stolte.
Frank Livingston, real estate manager for Amerada Hess appeared before the Board to discuss the proposed plan.~ He read a letter dated October 23, 2003 requesting eight waivers from site plan rules and regulations.~
Dave McNamara, site engineer, was present.~ He noted that two entrances to the site are planned.~ He noted that stormwater/drainage issues were in the process of being addressed.~ Board members and Mr. McNamara discussed clear cutting the site.~ Mr. Gallagher stated that he wanted as many trees as possible replaced on the site for buffering purposes.
Board members reviewed the traffic flow on the plan.~ Mr. Carlson stated that he wanted a sidewalk around the perimeter of the site or he could not consider approval.~ Board members agreed there should be no left turn onto Broadway from the site.~ Mr. Canto expressed concerns with the two driveways on the site creating a cut-through situation.~ Board members agreed that site lighting must meet regulations. Board members reviewed the plan design for trucks and RVs.~ Mr. Livingston noted that the site was designed to accommodate larger vehicles.
Mr. Andrade asked if anyone present wanted to speak in favor of the proposal.~ No one responded.~ He asked if anyone present was opposed and the following responded:~ 1.~ Judy Mello, Elm Street East, expressed concerns with the buffer and trees being clear cut.~ 2.~ Attorney O’Boy, spoke on behalf of the Phillips, and expressed concerns that the project would negatively impact property values and affect quality of life.~ 3.~ Arthur Whittemore, 43 Elm Street East, expressed concerns with traffic, water and hours for deliveries.
Keith McLaughlin, owner of the property, stated that he was sensitive to the abutters’ needs and their concerns will be addressed.~ He stated he bought the property because it was close to Rte. 495 and is zoned business.~ Mr. Andrade noted that the Board must be sensitive to both business and residential property owners. The design of the proposed building was discussed.~ After discussion, the public hearing was continued to December 11, 2003, 7 p.m.~ An extension of time-to-act was signed,~Mr. Fountain returned to the Board.
8:53 p.m. – Westcott Circle subdivision plan public hearing reconvened.~ Applicant Paul Westcott appeared before the Board.~ He reviewed the two-lot subdivision plan with Board members.~ Mr. Andrade stated that he was okay with the proposed 40 feet road layout because it was an old Town standard that the Town would be returning to in the new subdivision regulations.~ Mr. Westcott noted that the Fire Chief told him he approved of the proposed layout although he did not put it in writing.
Letter dated October 15, 2003 from Roger Stolte was discussed.~
Mr. Andrade asked if anyone present was in favor of the proposed plan.~ No one responded.~ He asked if anyone present opposed to the plan, and the following responded:~ Maureen Adams, daughter of direct abutters, Mr. and Mrs. Horan.~ She expressed several concerns, including:~ proposed house will be directly behind the Horan property; proposed plan cannot be built without waivers being granted - she asked that the Board vote on each waiver request after an explanation from Mr. Westcott as to hardship; stated the plan is incorrect and incomplete; proposed roadway is illegal and does not meet State mandated standards.~ She asked the Board to stay within the regulations.~
Gordon Rose, 251 R Oak Street, spoke against the plan.~ He stated that the Board should not grant waivers to allow a lot that will be sold for profit.~ Mr. Andrade noted that profit was not the Board’s concern.~ Mr. Rose stated he was concerned with water runoff because the area is already wet.
Michael Surrey, 251 R Oak Street, spoke against the plan.~ He noted that no elevation was shown on the plan at the turnaround.~ He submitted a copy of a Conservation plan of the Westcott property, which was more detailed than the Board’s plan.~ Mr. Westcott stated that he has been before the Conservation Commission. After discussion, Board members agreed there was not enough topographical information on the proposed plan.
Kevin Post, Oak Street, direct abutter, spoke against the plan.~ He stated he already has water problems on his property because the soil in the area is clay and does not drain well and the proposed plan would affect his property value.
After discussion with the Board, Mr. Westcott agreed that utilities will be underground but he noted he is not certain if he will connect to Town water.~~
Mr. Westcott noted that Mr. Rose, Mr. Surrey and Mr. Post live in retreat lots with a 12 feet wide driveway, and they are arguing against what they themselves have.~ He stated that their water drains onto his property. He noted that he has been before Conservation Commission and the wetland line has been delineated.
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After discussion, Board members agreed that because waivers are being requested, more information should be shown on the plan, including driveway/roadway grading, foundation elevation, utilities information, buffering and vegetation, and easement information.~ Mr. Andrade noted that groundwater was his biggest concern. After discussion, Mr. Westcott stated that he could give a 20 feet buffer to the Horan property.
There was discussion about the location of the proposed driveway.~ Board members agreed the driveway should remain gravel because of the easement to the Town.~ Mrs. Adams requested the Board look at the curve on Oak Street where the proposed driveway would be located. After discussion, Mrs. Adams agreed to provide the Board with a copy of the state regulation that mandates a minimum of 18 feet road width.~ She stated she was uncomfortable with the Board using the word driveway when, in fact, it is a road.
After discussion, the Westcott public hearing was continued to December 11, 2003, 7:30 p.m.
9:46 p.m. – Town Planner update: A special Board meeting was scheduled for November 6, 2003, 6 p.m., at Gilmore Hall, to discuss rules and regulations for the proposed ARC by-law and to discuss amendments to subdivision rules and regulations. It was noted that a new fee structure must be addressed.
Mr. McCarthy informed the Board that he heard from the Attorney General’s office and that he was told that a two-person limit in an ARC dwelling was okay with them but they did not review by-laws for compliance with federal laws.
Mr. McCarthy updated the Board on work being done to the drainage system at King Philip Estates. After discussion, Mr. McCarthy agreed to send a letter to the developer regarding the situation there.
There being no further business, the meeting adjourned at approximately 10 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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