The Raynham Planning Board meeting of January 22, 2004 opened at Raynham Town Hall, at 6:30 p.m. with Daniel Andrade, Burke Fountain, Carl Carlson and Chris Gallagher present.~ Also present were Richard McCarthy, Town Planner, Maureen McKenney, Administrative Assistant and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).~
6:30 p.m. – Rick Smith presented a minor modification for M.D. Cabinetry site plan, 1416 Broadway.~ JNEI correspondence dated January 19, 2004 was received.~ John Schmid informed the Board that the plan was acceptable.~ After discussion of the plan, motion was made to accept the plan entitled “Proposed Site Development for Property Located at 1416 Broadway (Route 138) in Raynham, Massachusetts Prepared for M.D. Cabinetry, Inc.,” dated November 28, 2003, as a minor modification with no conditions and to approve the changes as shown on the plan from the original approval plan drawn by Arthur F. Borden & Associates, Inc.; motion seconded; motion passed on unanimous vote.~ The site plan was endorsed. (6:38~p.m. John Canto arrived)~~
6:40 p.m.~ Town Planner update: the Board and Mr. McCarthy discussed a possible new zoning use classification for home-based business subdivisions. There was discussion about type of districts best suited for this use, lot area size, type of business, etc.~ After discussion, it was agreed that Mr. McCarthy will research the matter further to determine if any surrounding towns have a similar use.
7:00 p.m.~ Hess site plan public hearing was reconvened.~ Mr. Fountain recused himself from the hearing.~ Correspondence received:~ JNEI letter dated January 21, 2004; JNEI Memorandums re. Peer Traffic Review, dated January 20,2004 and January 22, 2004.~ The Board informed the applicant that $206.60 was outstanding for JNEI invoice.~ After discussion, applicant agreed to submit $206.60 for outstanding invoice balance and additional $2,500 to replenish the engineering review account.
Peter Howe, P.E., Fay, Spofford & Thorndike, LLC, submitted correspondence dated January 22, 2004 regarding revisions made to the plan.~ He reviewed the revised plan with the Board.~ John Schmid informed the Board that the proposed site lighting exceeds the levels allowed in the regulations. He noted that no major demands to public water or sewer would result from the proposed plan.~ He explained that if the proposed handicap parking space were relocated, site circulation could be improved.~
Jodi Mello, Broadway, expressed concerns with the adequacy of proposed buffer area and she informed the board that trees are already being removed from the buffer area. Charles Callahan, Elm Street East, expressed concern that this and other pending projects in the Elm Street/Broadway area will worsen the bad traffic situation.~ ~
Dennis Cunningham, Elm Street East, asked if Hess would eliminate the proposed diesel fuel pump to avoid additional truck traffic coming to the area.~ Frank Livingston of Hess explained that the site was not designed in a convenient manner for large tractor trailer trucks so they would not be utilizing the site often.~
George Philip informed the Board that Attorney O’Boy was representing his interests in this project but he was not here tonight.~ Craig Mello, 1341 Broadway, stated that he felt the proposed Broadway entrance would create accidents.
Mr. Carlson stated that he had concerns with several discrepancies in the plan including fuel unloading, cemetery issues, site lighting spilling onto adjacent residences, insufficient sidewalk provided, need for road improvements, line-of-sight obstructions at the entrances, curb cut permit from Mass. Highway.~
Keith McLaughlin, owner of the site, told the Board that representatives of Hess have met with neighbors in an attempt to address their concerns.~ Frank Livingston of Hess stated that he will continue to work with the neighbors about their concerns.
Mr. Gallagher stated that the revised plan is improved and the proposed buffer area is better.~
Mr. Canto noted that the proposed use is not allowed by right but could be allowed by special permit through the Board of Appeals. He noted that there were outstanding issues with the plan, the site should be made safe and the impact to the neighborhood should be lessened, there was light pollution, discrepancies in the traffic studies, waivers were needed.
Board members agreed that the plan should be made the best possible on the assumption that it would be granted a special permit for the service station.~ There was further discussion about the traffic studies.~ Mr. Schmid noted that JNEI asked the applicant to consider the Mobil traffic study but that was not done.~ Attorney David Gay, Taunton, MA, noted that the applicant did not own land north of the proposed station so there was little they could do to improve the situation.~ Board members agreed that the existing situation was bad but that it should not be made worse.~ John Schmid stated that the site should be designed with future widening of Rt. 138 anticipated.
Julie Philips, 38 Elm Street East, direct abutter, spoke about concerns with privacy and lighting.~ Attorney Gay noted there was no light behind the site and there was landscaping and a fence at the property line.
Barbara Callahan, Elm Street East, questioned the distance from the entrance to Broadway.
Board members discussed the requested waivers.~ After discussion, the Board agreed that waiver from Sec. 4.15 was approved with the exception of traffic study; Sec. 5.1.2 waiver was approved; Sec. 5.2.5 waiver was not approved; Sec. 5.4 waiver was approved; Sec. 5.7.1 waiver was tabled; Sec. 5.7.2 waiver was tabled; Sec. 5.7.3 waiver not approved; Section 5.7.6 waiver was approved.~ After further discussion, it was agreed that outstanding issues are traffic, site lighting and sidewalk.~ The public hearing was continued to February 26, 2004, 7 p.m.~ Time-to-act extension was signed.~
8:25 p.m. – Public hearing for Forge Knoll Estates was reconvened.~ Applicant Ron Turowetz and Dan Aguiar of Sitec Engineering were present.~ Mr. Aguiar explained that he felt the soil testing done to date was sufficient and the Conservation Commission agreed with the testing but if the Planning Board requires further soil evaluations, a new Notice of Intent must be filed with the Con Com. ~After discussion, John Schmid and the Board agreed that further soil evaluations should be done.~ The public hearing was then continued to March 11, 2004, 7 p.m.~~
8:35 p.m.- Developer Ronald Turowetz submitted a proposed tripartite agreement~as surety for completion of Steeplechase Preserve subdivision.~ He noted that he sent the agreement to Town Counsel Marc Antine.~~ Mr. McCarthy stated that he spoke with Attorney Antine, who approved of the agreement and will sending his written opinion on the matter.~ After discussion, motion was made to accept the document “Performance Secured by Lender’s Agreement,” between the Town of Raynham and Finch Farm, LLC and Fall River Five Cents Savings Bank, agreement dated January 22, 2004, as security for completion of Steeplechase Preserve Subdivision; motion seconded; motion passed by unanimous vote.
Mr. Turowetz submitted a check in the amount of $92,500 and a check in the amount of $74,000 for improvements to Leonard Street, as required by the approved subdivision Certificate of Action.~ The tripartite agreement was signed.~ Mr. Turowetz submitted a Form J for release of the lots at the subdivision.~ After discussion, motion was made to sign the Form J and hold it in escrow until favorable recommendation is received from JNEI regarding the lot releases; motion seconded; motion passed by unanimous vote.~ The Form J was signed and held in escrow.
8:55 p.m. – Dave Wluka, land planner and real estate agent for Raynham Corp., appeared before the Board regarding the site plan recently submitted for Raynham Corp.~ He explained that while the proposed plan was going through the Board of Appeals special permit process, the site plan fees had increased, and he then requested a reduction in the new fees.~ After discussion, Board members agreed that they could not reduce any fees until the public hearing and that if there were no major issues, they may reduce and refund the review fees.
9:01 p.m. – Donald Shute, new owner of Bassett Knoll Estates subdivision, appeared before the Board along with Michael Carter, P.E., to discuss a submittal of a new conventional subdivision plan or an open space subdivision plan for Bassett Knoll Estates.~ It was noted that the eight-year zoning protection for the subdivision has expired.~ After discussion, Board members agreed that they would consider reducing but not eliminating the submittal fees required for an open space subdivision plan and they would consider reducing the building schedule allowed for an open space plan.~ No action was taken.
9:55 p.m. – Minutes of January 8, 2004 were received.~ Motion was made to approve the minutes; motion seconded; motion passed with three in favor and John Canto abstained.
Board members and Mr. McCarthy briefly discussed the Community Preservation Act.~ No action taken.
There was no further business and the meeting adjourned at 10 p.m.
Respectfully submitted,
Carl Carlson, Clerk
| 
