The Raynham Planning Board meeting of December 11, 2003 opened at 6:30 p.m. with Daniel Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present. Also present was Town Planner Richard McCarthy and John Schmid, Judith Nitsch Engineering, Inc. (JNEI)
6:30 p.m. Ron Turowetz presented the Steeplechase Preserve subdivision plan for endorsement. Mr. Turowetz assured the Board Attorney Mark Levin will record the conservation restriction, homeowners’ association trust, easement documents and covenant form along with the signed plan. After discussion, the Steeplechase Preserve plan was signed. Mr. Turowetz agreed to return to the Board on January 8, 2004, 7:30 p.m., to establish the subdivision bond amount.
Mr. Turowetz then submitted a written request for continuation of the public hearing for Forge Knoll subdivision plan, scheduled for later in the meeting. An extension of the Board’s time to act was also submitted. The public hearing was continued to January 22, 2004,7:30 p.m.
6:45 p.m. John Romani, Raynham, MA, submitted application and Form A plan for property on Pleasant Street. The plan was reviewed; there was discussion about the close proximity of the power lines. After review, motion was made to accept “Division Plan of Land in Raynham, Mass.,” dated November 15, 2003, drawn by Olde Stone Engineering Co., Inc., Lakeville, MA,” motion seconded; unanimous vote to approve. The plan was endorsed.
General Business: Minutes of November 13, 2003 were submitted. Motion was made and seconded to approve the minutes as submitted; motion passed on unanimous vote. Invoices and payroll were signed.
The Board and the Town Planner discussed a copy of a letter dated November 13, 2003 from Highway Superintendent Roger Stolte regarding sanding and snow plowing rate changes. After discussion, Board members agreed that the developer of Everett Drive should be contacted to urekreplenish the snow plow/road maintenance account. Board members also agreed that the developer should be contacted about completing the subdivision so the Town is not plowing private roads.
A new performance bond was received for Ryan Drive subdivision. Mr. McCarthy advised the Board to consider requesting the developer to complete the subdivision or to reestablish a bond amount due to the age Plan public hearing was reconvened. Attorney Edmund Brennan, Taunton, MA, appeared before the Board along with David McNamara, P.E., Peter Howe, Hess project manager, Elizabeth Roberts, traffic engineer, and Frank Livingston of Hess. Burke Fountain recused of the subdivision. After discussion, motion was made and seconded to accept the bond for Ryan Iron upon approval by Town Counsel; motion passed by unanimous vote.
7:00 p.m. – Hess Site plan public hearing was reconvened. Attorney Edmund Brennan, Taunton, MA, appeared before the Board along with David McNamara, P.E., Peter Howe, Hess project manager, Elizabeth Roberts, traffic engineer, and Frank Livingston of Hess. Burke
Fountain recused himself from the hearing. Review correspondence received from JNEI, dated December 11, 2003, and JNEI Peer Review-TIS, dated December 10, 2003.
Attorney Brennan updated the Board on the plan noting that it was revised with consideration for abutters’ concerns. Mr. McNamara reviewed the revised plan for the Board. He discussed drainage, landscaping, fencing, buffer, site traffic circulation. John Schmid told the Board that the traffic plan was reviewed by JNEI but noted that he has not seen the revised plan; he was provided with a copy for his review. Elizabeth Roberts, applicants’ traffic engineer, discussed the traffic report.
Jodi Mello, 1341 Broadway, spoke to the Board regarding her concerns with traffic problems at the intersection.
Steven Fernandes, 23 Elm Street East, also spoke about traffic concerns and the location of the access driveway directly across from his property.
Attorney Frank O’Boy, Taunton, MA, representing Elm Street East abutters Mr. and Mrs. Philips, noted that the Philips opposed the project and reserved their rights to challenge the matter by appeal.
Dennis Cunningham, 63 Elm Street East, spoke about his concerns with additional traffic, lack of sidewalks and lighting on Elm Street East. He stated the proposed plan was a safety hazard.
There was further discussion about traffic circulation, snow removal, need for sidewalks, timing of traffic signals at the intersection. Mr. Carlson noted he was not in favor of the plan without traffic improvements. Mr. Canto noted there were waiver requests he was not in favor of.
Arthur Whittemore, 43 Elm Street East, questioned the accuracy of the traffic study that was submitted by the applicant. Mr. Canto noted there were three traffic studies available for this site and he would be comparing them. After discussion, the applicant agreed to contact Mass. Highway about reconfiguring the curb cuts. The public hearing was continued to January 22, 2004, 7 p.m.
8:00 p.m. – Westcott Circle public hearing was reconvened. Applicant Paul Westcott was present with Attorney Donald McManus, Seekonk, MA. A revised plan, an Environmental Impact Statement and a proposed Drainage Easement were submitted.
Correspondence from Highway Superintendent Roger Stolte, dated November 13, 2003, was discussed. Waiver requests were read into the record, and it was noted that they were standard waiver requests for one-lot subdivision plans.
Gordon Rose, 251 Oak Street, stated that there was considerable water in the area and that the proposed house would displace water onto his and other adjacent lots. Mr. Gallagher stated that he has seen wetland plans of the area and agreed there is probably water in the area. Discussion followed about the best type of house foundation for this site and possible relocation of the proposed house away from the abutters’ properties. Mr. Westcott noted that an NOI has been filed with Conservation Commission.
Michael Surry, 251R Oak Street, asked if the property should be monitored for water. Mr. Gallagher noted that the best way to control grading on the site would be to condition the type of foundation that can be built, with either raised ranch or slab foundation being the best type for the site.
Maureen Horan asked how the proposed plan conformed to the definition of subdivision; Mr. Gallagher explained that it is a subdivision because there are two lots on the plan. Ms. Horan asked if land were being donated to the town. The Board explained that land was not being donated but rather a drainage easement was being granted.
Mr. Rose asked what the benefit would be to the Town if the road layout were reduced from the required 50 feet to 40 feet. Mr. Andrade noted that road widths have been reduced by the Town over the years for easier maintenance and if the Board feels there is more than adequate access for the proposed house, the layout can be reduced and the Board can impose conditions to protect abutters if necessary.
Ms. Horan stated she felt the regulations should be revised if they are outdated rather than waiving the rules and regulations. Mr. Andrade noted they reviewed each application individually, and that he personally felt there was adequate access for the proposed lot.
After discussion, Attorney McManus stated that the drainage has been provided on the plan, the waiver requests are reasonable and the lot can support the proposed house. He submitted a petition signed by Raynham residents who were in favor of the plan.
The public hearing was closed at 8:35 p.m. Board members discussed possible conditions for approval. The drainage easement was discussed and it was noted the easement would have to be accepted by Town Meeting. The proposed Certificate of Action and conditions were discussed. Water runoff and ponding were discussed, limit on site grading was discussed, gravel driveway was proposed, location of the proposed house was discussed, street address was discussed.
After discussion, a motion was made to approve the waiver requests for Westcott Circle Definitive Subdivision plan, dated September 8, 2003, prepared by Arthur Borden & Associates; motion seconded. During discussion Mr. Gallagher asked that water runoff controls (Section 5.4) and storm system drainage (Sections 7.6 and 8.4) not be waived in order to better control any possible water runoff problems. After discussion, Mr. Gallagher withdrew the request. Vote was taken and the motion to approve the requested waivers passed three in favor (Andrade, Carlson, Gallagher) and two opposed (Fountain, Canto)
Motion was made to approve the one-lot subdivision plan Westcott Circle Definitive Subdivision Plan, dated September 8, 2003, drawn by Arthur Borden Associates, with the conditions as previously discussed; motion seconded. During discussion, Mr. Fountain stated that by approving the plan the Board would be giving a gift to the applicants at the expense of the taxpayers and that was outrageous, the land is not large enough to support the proposed development, the neighbors’ concerns were not adequately addressed, and the Board’s rules and regulations should not be waived in order to give someone a house lot. Mr. Canto agreed with Mr. Fountain, noting that there were technical items that were not addressed. Vote was taken and the motion failed to pass by a vote of two in favor (Andrade, Carlson) and three
opposed (Fountain, Canto, Gallagher).
Public hearing scheduled for 8:15 p.m. Mello/North Main Street was reconvened. Mr. Fountain read a letter dated November 20, 2003 from Attorney Mark Gladstone, representing abutters Caldwell/Galligan, informing the Board that an injunction was issued prohibiting any action on the plan. Applicant James Mello was present; he noted he had signed an extension of time-to-act. After discussion, the hearing was continued to March 25, 2004, 7 p.m.
Public hearing scheduled for Forge Knoll Definitive Subdivision Plan was reconvened. A request for continuation and a time-to-act extension were received. The public hearing was continued to January 22, 2004, 7:30 p.m.
Public hearing for Sewer Commission Site Plan was opened. Mr. Carlson read the hearing notice. Sewer Commissioners John McGarry and John Dolan were present along with Superintendent Frank Cabral and Sean Shepard, P.E., of Tighe & Bond. Correspondence dated December 11, 2003 was received from Highway Superintendent Roger Stolte.
Mr. McGarry explained details of the 4800 square feet office and maintenance facility that the Sewer Commission wants to construct off Titicut Road. Mr. Gallagher noted that the design was straightforward and simple. Proposed Certificate of Action was reviewed. After discussion, motion was made to approve the site plan as presented; motion seconded; motion passed by unanimous vote.
Public hearing for Hampton Inn Site Plan was reconvened. Correspondence was received from JNEI dated December 10, 2003, and letter dated December 12, 2003 was received from Highway Superintendent Stolte. Attorney William Rosa, Raynham, MA, appeared before the Board and explained that the applicant had met with Mass. Highway but was not able to get permission to open the no access area on the easterly side of the plan as the Board had requested but they had received permission to open up the westerly side access. He noted the applicant is seeking permission from Exxon to use a portion of their land for that purpose. During discussion, it was noted that Roger Stolte was consulted about improvements that will be done on Judson Street. Also, the Board requested that a directional entrance sign be posted at the
lights on Route 44 and Judson Street.
The Board and John Schmid discussed waiver requests. After discussion, motion was made to approve the waivers as presented; motion seconded; motion passed on unanimous vote. Proposed Certificate of Action and conditions were discussed. After discussion, Board members agreed that they would consider a minor modification to the approved plan if Mass. Highway did not approve the proposed entrance. After discussion, motion was made to approve the proposed Hampton Inn site plan, dated July 15, 2003, last revised December 10, 2003, drawn by Silva Engineering Associates, with the conditions as discussed; motion seconded; motion passed by unanimous vote.
Matter of bond reduction for Al Endrunias that was scheduled was tabled to another meeting.
John Noblin appeared before the Board to discuss variance applications he will be submitting to the Board of Appeals for lots on Darrington Drive. The lots do not conform to current zoning requirements for lots in a water resource protection overlay district. After discussion, Board members agreed to write a letter to the Board of Appeals stating they had no objection to the variance requests.
There was no further business and the meeting adjourned at 9:55 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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