The Raynham Planning Board meeting of April 22, 2004 opened at 6:30 p.m. with Daniel Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy, John Schmid, Judith Nitsch Engineering (JNEI), Maureen McKenney, Administrative Assistant.
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6:30 p.m. – Amerada Hess site plan public hearing was reconvened.~ Letter dated April 20, 2004, requesting a continuance to May 13, 2004 was received from Attorney David Gay, Taunton, MA.~ Attorney Gay informed the Board he has notified all the abutters by mail of the new hearing date.~ After discussion, the Board unanimously voted to continue the hearing to May 13, 2004, 8:15 p.m.
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6:36 p.m. – First Congregational Church site plan was submitted for endorsement.~ Letter dated February~25, 2004, was received, requesting a waiver of the $500 filing fee.~ After discussion, a motion was made to release the project review fee being held; motion seconded; motion passed by unanimous vote.~ A motion was then made to keep the filing fee submitted; motion seconded; motion passed by unanimous vote.~ The site plan was then endorsed.
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6:50 p.m. – Richard McCarthy gave Town Planner update: Mr. McCarthy will be attending a seminar on Defensible Decisions on April 29th; he discussed a new fee schedule, which will include a Waiver of Frontage Plan fee.~ After discussion of a new fee schedule, Board members agreed that the fees must be reasonable and in-line with fees charged by surrounding towns.~ It was agreed to schedule a special meeting to discuss the fees and rules and regulations.
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7:05 p.m. – Mibobden/Rte. 44 Toyota site plan hearing was reconvened.~ Tom Pozerski of Hayward-Boyton & Williams (HBW) was present.~ He reviewed the revised plan with the Board, noting that the area around the building will be paved, landscaping is shown around the building and parking area, the loading area is preserved as is, a large mound of dirt will be removed.~ He discussed the drainage system and noted that seven waivers are now being requested but waivers that JNEI had suggested the Board deny were not being sought.
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Marjorie Therrien, 525 Judson Street, addressed the Board and stated that Toyota has been a good neighbor.
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Correspondence dated April 21, 2004 was received from JNEI.~ John Schmid informed the Board that his comments had been addressed and no new information was needed.~ Board members and Mr. Pozerski discussed the waivers and the site lighting.~ Mr. Pozerksi noted that the lighting had been reduced for the neighbors and they were satisified.~ Mr. Fountain felt it was still too bright.
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After discussion, motion was made to approve the eight waivers as read and as on the plan; seconded; motion passed with four in favor and Mr.Gallagher abstaining.~ Board members then reviewed the proposed Certificate of Action.~ After discussion, motion was made to accept the plan entitled “Site Plan Prepared for Mibobden, LLC in Raynham, Massachusetts,” prepared by HBW, dated January 13, 2004, revised April 5, 2004, last revised April 21, 2004, with the conditions as read; seconded; motion passed four in favor with Chris Gallagher abstaining.~ Certificate of Action will be issued.
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7:40 p.m.~~ Public hearing for Easter/Prospect Hill Street waiver of frontage plan was opened.~ Mr. Fountain stated he has represented one of the applicants so he excused himself from the Board for the hearing.~ Mr. Carlson read the hearing notice.~ Attorney Edmund Brennan, Taunton, MA, was present as applicants’ representative.~ He requested a reduction of the filing fee to $300, similar to a Form A plan.~ After discussion, motion was made to waive the subdivision filing fee and to require a filing fee of $300; motion seconded; motion passed with four votes in favor.~
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Correspondence dated April 5, 2004 was received from Roger Stolte.~ Board members discussed~ the requested waivers.~ After discussion, it was agreed not to waive Section 10 of the Subdivision Rules and Regulations as requested.~ After discussion, motion was made to approve the plan entitled “Waiver of Frontage Plan,” dated December 16, 2003,” prepared by J.K. Holmgren & Associates, Inc., Brockton, MA, with the waivers requested except for Section 10 and to incorporate Mr. Stolte’s April 5, 2004 comment letter as a condition; motion seconded; motion passed by unanimous vote.~
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8:05 p.m. – Public hearing for Hathaway Village subdivision phasing special permit opened.~ Mr. Carlson read the hearing notice.~ Mr. Gallagher is an abutter to the locus so he excused himself from the Board for the hearing.~ During discussion, it was noted that the subdivision was approved several years ago but has lost its zoning status and a public hearing for the modified plan is scheduled for May 13. Mr. McCarthy explained there are 46 lots in the subdivision and the developer wants an accelerated buildout of four years and in exchange he will adhere to the updated Planning Board standards. It was noted the applicant will be paying the updated filing fees.~ After discussion, the hearing was continued to May 13, 2004, 7:20 p.m.
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8:15 p.m.~ All Board members were present.~ Applicant Ron Turowetz and Dan Aguiar, Sitec Engineering, appeared before the Board with a modified plan for Steeplechase Preserve.~ Mr. Aguiar explained he is seeking the Board’s approval to relocate a bus kiosk and common mailbox at the subdivision.~ During discussion, it was noted that both structures will be maintained by the homeowners’ association.~ After discussion, motion was made to approve the modification related to the bus kiosk and mailbox area, as shown on the plan entitled~ “Steeple Chase Preserve, Leonard Street, Raynham, MA,” drawn by Sitec, Inc., dated March 23, 2004 and the plan drawn by Hawk Design, Inc., dated April 2, 2004; seconded; motion was passed by unanimous vote.
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8:25 p.m.~ Correspondence was received from Roger Stolte, dated April 14, 2004, recommending acceptance of Mary Lou’s Court; dated April 13, 2004 recommending acceptance of Bellows Road and a portion of Forge River Parkway; dated April 13, 2004, recommending acceptance of Rachel Drive; and dated February 9, 2004 recommending acceptance of Suzanne Drive and Gretchen Way, all as Town roadways.~ After discussion, motion was made to recommend approval of all the roadways as recommended by Roger Stolte in his correspondence. A letter of recommendation will be sent to the Selectmen.
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8:30 p.m.~ Public hearing for Westcott Circle amended subdivision plan opened.~ Mr. Carlson read the hearing notice.~ Paul Westcott and Attorney Donald McManus, Seekonk, MA, were present.~ Mr. Andrade noted that the Board had sought Town Counsel’s opinion on how to proceed with the amended plan, which was submitted to the Board pursuant to Section 5.8-4 of Planning Board rules and regulations and Attorney Antine had advised a public hearing be held for the amended plan.~ Attorney Antine had also advised that copies of correspondence regarding matters discussed by the Board out of Executive Session could be released.~~
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Attorney McManus explained that because no reasons were given for the Board’s previous denial of the plan, revisions to the plan were made according to comments made during the public hearing along with stipulations in the Certificate of Action.~
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During discussion, Mr. Fountain recommended that the plan be reviewed by JNEI.~ Mr. Andrade reviewed past correspondence dated October 15, and November 13, 2003 from Highway Superintendent Stolte, which indicated the plan would have no impact on drainage in the area and while he could not guarantee no flooding to the area from the subdivision, it was unlikely.~ Mr. Andrade noted the Environmental Impact report submitted by applicant indicated no significant impact from the proposed plan.~
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Board members discussed the easement that the Town will receive from the Westcotts.~ Mr. Gallagher felt the Board should find out if the drainage easement will actually work as proposed.~ Attorney McManus noted that Mr. Stolte approved of it.
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Mr. Canto noted that many issues were raised with the original plan and he agreed the plan should be subject to review.~ Board members also discussed the fact that the court appeal of the denial has not been dropped. Attorney McManus told the Board that he feels there is no conflict between the resubmittal and the pending appeal.~ After discussion, Board members agreed to proceed with the hearing.~ During discussion, it was agreed that the revised plan will be distributed to Town departments for review.~ Arthur Borden was present and he reviewed the revised plan for the Board.
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Abutters speaking about the plan were:~ Kevin Post, R Oak Street, stated there were several issues with water because the area is clay and what is planned on paper does not always work in reality.~ Golrdon Rose, R Oak Street, stated he wanted the Town engineer to look at the plan, he noted his pool is caving in because of water in the area and he wants a good drainage system in place.~ David Horan, 213 Oak Street, noted he lived on the side where water would be flowing and he was concerned with water problems.~
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There was further discussion about sending the plan to JNEI for review.~ It was noted that no review fee has been submitted.~ After discussion, motion was made to send the plan to JNEI and to request the applicant to submit $3,000 project review fees; motion seconded; motion passed by unanimous vote.~ The hearing was continued to May 27, 2004, 7:30 p.m.
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9:34 p.m.~ Public hearing for Munro Electric site plan was reconvened.~ Bob Field, Field Engineering, and Brian Munro were present.~ Mr. Field submitted a revised plan and asked if he could address the special permit for parking reduction first.~ Mr. Andrade stated the Board would address unfinished issues from the first site plan before considering the special permit.~ Mr. Field then explained that an eight feet stockade fence will be erected along the rear property line.
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Correspondence dated March 30, 2004 was received from JNEI.~ Mr. Schmid told the Board there were 15 outstanding issues, and he asked why a lot line had been moved on the plan.~ Mr. Field noted that the current deeded line was shown on the plan.~ Mr. Schmid then reviewed the issues in his March 30th letter, noting the biggest change was encroachment into the parking spaces on the westerly side of the building.~ Mr. Field agreed that deficiencies with the plan will be taken care of and that some problems will be rectified by the new addition.~
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Abutters speaking about the plan were:~ Ed Peabody, 157 Richmond Street, stated he was concerned with trucks loading and unloading on the easterly side of the building, he wants overnight truck parking stopped and deliveries made only during working hours.~ He asked for increased buffer because the propsed fence is insufficient.
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Board members and Mr. Field discussed the drainage, entrances and curbing.~ It was noted that three waivers are being sought.
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Bill Piche, Richmond Street, addressed the Board.~ He stated there was an error in land ownership shown on the plan and that the noise at the site is “beyond belief” and fumes are also bad.~ He noted the original row of cedar trees was never planted.~ He noted the proposed fence will not work and a ten-feet fence or an acoustic barrier should be installed instead.
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Donald McKinnon, 147 Richmond Street, requested better sound blockage and more buffee trees planted, noting there are problems left unresolved from the original plan.~ Board members agreed there are better checks and balances in place now in order to avoid such problems that occurred with the original plan.
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Board members discussed the requested waivers.~ After discussion, a motion was made to approve the mentioned waivers as shown on the plan; motion seconded.~ After discussion, motion was made to revise the previous motion to accept the parking in front of the building with bumpers in place as shown on the plan; motion seconded; motion passed four votes in favor, one vote opposed.~ Motion was made to accept the curbing from bituminous to concrete as shown on the plan; motion seconded; motion passed four votes in favor, one opposed.~~ Motion was made to accept the trees as shown on the plan fromn four inches to three inches; there was brief discussion and the motion was tabled.
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The special permit for parking reduction from 44 spaces to 26 spaces was discussed.~ After discussion, motion was made to approve the special permit from the required 44 spaces down to 26 spaces; motion seconded; motion failed to pass on vote of three in favor and two opposed. The public hearing for Munro site plan was then continued to May 27, 2004,~6:30 p.m.~
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The minutes of March 25, 2004 were received.~ After discussion, motion was made to approve the minutes as printed; seconded; motion passed four votes in favor with Mr. Carlson abstaining. General correspondence received:~ Letter from Janet J. Hashem to the Planning Board and Building Inspector, dated April 13, 2004.~ No action was taken.
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There was no further business and the meeting adjourned at approximately 11:00 p.m.
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Respectfully submitted,
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Carl Carlson, Clerk
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