The Raynham Planning Board meeting of February 12, 2004 opened at Raynham Town Hall, at 6:30 p.m. with Daniel Andrade, Burke Fountain, Carl Carlson and John Canto present.~ Also present were Richard McCarthy, Town Planner, Maureen McKenney, Administrative Assistant and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).~
6:31 p.m. – Snowplowing/sanding invoices for King Philip Estates I and II and Everett Drive were reviewed. After discussion, it was agreed to send a letter to Russell Grabau, developer of Everett Drive, requesting that he submit $2,500 additional snowplowing funds and that he proceed with completing the subdivision. The invoices were signed.~
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6:35 p.m. -~ Paul Westcott, Raynham, MA, appeared before the Board along with Attorney Donald McManus, Seekonk, MA, and presented a revised definitive subdivision plan for Westcott Circle, Oak Street.~ Attorney McManus explained that since the Board did not approve the original subdivision plan, Mr. Westcott was submitting the revised plan under Section 5.8.4 of Raynham Subdivision Rules and Regulations.~ He explained that the Certificate of Action for Westcott Circle did not state why the plan was not approved but that changes were made to the grading around the proposed house shown on the plan.~ He asked that the Board approve the revised plan.~
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Board members discussed whether or not a public hearing should be held for the revised plan and how to proceed considering an appeal was filed in Superior Court for the disapproved plan.~ During discussion, it was noted that all requested waivers for the original plan had been approved.~ At 6:41 p.m. Board members went into Executive Session to discuss the pending litigation for Westcott Circle.~ At 6:55 p.m. Executive Session concluded.~ The Board announced they would seek advice from Town Counsel on how to proceed in the matter.~ It was agreed that the matter will be rescheduled as soon as Town Counsel’s opinion is received.
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7:00 p.m.~ Michael Tokarz, Raynham, MA, submitted for endorsement the Hill Street definitive subdivision/waiver of frontage plan.~ The plan was endorsed.~ Motion was made and seconded to release the balance of engineering review fees to Mr. Tokarz; motion passed by unanimous vote.
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7:05 p.m. – Noblin-Campbell/Commerce Way site plan public hearing was opened.~ Mr. Carlson read the hearing notice.~ John Noblin, Frank Campbell and Tom Pozerski, Hayward-Boynton & Williams (HBW) appeared before the Board.~ Mr. Fountain recused himself from the hearing.~ Board members discussed whether or not to proceed with the hearing because of possible scheduling problems in March; it was agreed to proceed.~ Correspondence was received from:~ JNEI, dated February 2, 2004; Highway Superintendent Stolte, dated February 9, 2004.~
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Mr. Schmid informed the Board that the primary concerns to be addressed were the waivers and some minor cosmetic issues on the plan.~ Mr. Pozerski reviewed the plan for the Board.~ He explained that a 13,800 sq. ft. office building with brick and clapboard façade is proposed with a driveway off Commerce Way.~ He noted that an access driveway to the adjacent lot was being~ proposed for possible future use.~ During discussion, Board members asked that a rendering of the building be submitted for review.~ Mr. Schmid asked that the applicants not clear-cut the front of the lot.
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After discussion, it was agreed that the plan would be revised and that the width of the access road will be determined after the plan goes through Conservation Commission approval.~ The public hearing was continued to February 26, 2004, 8:45 p.m.
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On another matter, Mr. Noblin asked the Board how he should proceed to make his Church Street property, which has several apartment buildings on it, into one lot.~ He was advised to discuss the matter further with HBW, the town planner and legal counsel. (Burke Fountain returned to the Board at 7:59 p.m.)
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8:04 p.m. – Toyota/Mibobden site plan public hearing was opened.~ Mr. Carlson read the hearing notice.~ Correspondence was received from JNEI, dated February 12, 2004, and Roger Stolte, dated Februry 9, 2004. Tim Bruno, General Manager/President of Silver City Toyota, appeared before the Board along with Tom Pozerski, HBW, and contractor Steven Gorden.~ Mr. Pozerski reviewed the plan for the Board, which he noted is a modification of a previous Silver City Toyota site plan.~ This plan proposes the addition of a reconditioning shop for cleaning cars only, with no bodywork or repairs done in the building.~
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Mr. Schmid told the Board that he was concerned with current operations on the site versus the intent of the originally approved plan, i.e., the RVs being located on the site.~ He noted that the dumpster should be enclosed and there should be clarity in the loading and unloading area.~
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Joseph Currier, 526 Judson Street, informed the Board that he was concerned with excessive site lighting at Toyota. Mrs. Agnes Currier agreed that the lighting from Toyota was terrible. John Downey, 575 Judson Street, stated that lighting from the Toyota site presented a problem because is was too bright at night and gave the appearance of a “football stadium.”
Mr. Bruno stated that the lighting conformed to requirements when the plan was approved.~ The Board noted that they are working on tightening the lighting requirements.~ Steven Gorden of Kirker Perry Construction agreed that the lights met requirements.~ He stated that he and Carl Carlson did a site visit and determined that the light was not spilling onto adjacent lots.~ Mr. Canto noted that lighting can still cause a glare even if it is not spilling over.~
After discussion, it was agreed that the previous Silver City Toyota site plan and conditions should be reviewed together with the proposed modified plan.~ Mr. Fountain requested that the applicant reduce the intensity of the site lighting.~ Board members agreed that the area of heavy parking on the lot and the dumpster area should be paved.~ After discussion, it was agreed to continue the hearing to February 26, 2004, 8:40 p.m., for a brief update and that if necessary a special meeting can be scheduled to continue the hearing.~ Extension of time to act was signed.
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8:40 p.m. Raynham Corp./Gardiner Street site plan public hearing was opened.~ Carl Carlson read the hearing notice.~ Draft review correspondence, dated January 27, 2004, was received from JNEI.~ Letter dated February 9, 2004 was received from Roger Stolte.~ David Wluka, agent for Raynham Corp., appeared before the Board along with Tom Pozerski, HBW.~ Mr. Pozkerski reviewed the proposed plan for the Board.~ He explained that an old storage trailer on the site will be removed and replaced with the proposed storage building and that there will be no changes to the site other than the equipment being moved inside the new building.~ He explained that parking is shown on the plan although it will not be needed.~ He noted wall paks will be used for lighting.
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Board members discussed the proposed loading area.~ After discussion, Board members concluded that it was not necessary and Mr. Pozerski agreed to remove the loading area from the plan. ~~James Burns, White Street, informed the Board that noise from the area echoes and can be heard in his neighborhood.~ He asked if the start-up hours for equipment could be regulated.~ Board members explained that the Town has a noise by-law for that purpose.~
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Requested waivers were discussed.~ After discussion, motion was made to accept the waivers as read for Raynham Corp. site plan; motion seconded; motion passed by unanimous vote.~
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Proposed Certificate of Action with conditions was reviewed.~ After discussion, motion was made to accept the plan entitled “Site Plan, Gardiner Street, Raynham, MA” dated January 14, 2003; motion seconded; motion passed on unanimous vote.~ Certificate of Action will be issued
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9:07 p.m. – Town Planner update:~ Mr. McCarthy submitted a draft copy of a “retreat” or “homestead” lot by-law for the Board’s review.~ Board members agreed that they preferred the term retreat lot.~ He discussed the Community Preservation Act (CPA) and asked for the Board’s support of the CPA at the Town Meeting.~ Mr. Fountain briefly explained the CPA, noting that funds are collected by the State through the Registry of Deeds, those funds are matched by the Town and will serve to secure open space, affordable housing and preserve historical properties in Raynham.~ Mr. McCarthy explained the matching funds process.~ He noted that the Selectmen will be considering the CPA on March 9th, and he asked that the Board vote to forward the matter on to them.~ After discussion, Mr. Andrade
stated that he was not in favor of the CPA but he agreed to pass it on to the Selectmen.~ Mr. Fountain stated he was in favor of the matter.~ Mr. Carlson and Mr. Canto noted they still had several questions on the matter.~ After discussion, the Board agreed to forward the CPA to the Selectmen and to Town Meeting.
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General Business:~ Correspondence received from Roger Stolte re. Gretchen Way, Suzanne Drive and Rachel Drive informing the Board that those streets are ready for Town Meeting acceptance.~ Motion was made to forward the matter to the Selectmen; motion seconded; motion passed by unanimous vote.
Letter dated February 3, 2004 was received from Treasurer Linda King re. Old Forge Meadow and Forge River Park subdivisions.~ The Board agreed to forward the letter to Roger Stolte and request his update on the matter.~
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Minutes of December 11, 2003 were received.~ After discussion, motion was made and seconded to table the minutes; motion passed by unanimous vote.~
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Minutes of January 22, 2004 were received.~ Motion was made and seconded to accept the minutes; motion passed by unanimous vote.~
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There was no further business so the meeting adjourned at 9:45 p.m.
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Respectfully submitted,
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Carl Carlson, Clerk
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