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The Raynham Planning Board meeting of March 11, 2004 opened at 6:36 p.m. with Daniel Andrade, Carl Carlson, John Canto and Chris Gallagher present.~ Also present was Town Planner Richard McCarthy, Maureen McKenney, Administrative Assistant and John Schmid, Judith Nitsch Engineering, Inc. (JNEI)
6:40 p.m. -~Dan Aguiar, P.E., Sitec, Inc., presented Form A plan for land on Bridge Street/Elm Street West.~ After review of the plan, motion was made to accept “Approval Not Required Plan of Land Located in Raynham, MA, prepared for Bridge Street Realty Trust,” dated February 20, 2004, drawn by Sitec, Inc.; motion seconded; motion passed on unanimous vote.~ Mr. Carlson endorsed the plan.
6:46 p.m. - Dan Aguiar, P.E., Sitec, Inc., presented Form A plan for land on Finch Road.~ After review of the plan, motion was made to accept “Approval Not Required Plan of Land Located in Raynham, MA, prepared for Easecat, Inc.,” dated March 11, 2004, drawn by Sitec, Inc.; motion seconded; motion passed on unanimous vote.~ Mr. Carlson endorsed the plan.
7:00 p.m. – Forge Knoll subdivision public hearing reconvened.~ Applicant Ron Turowetz and Dan Aguiar, P.E., Sitec, Inc were present.~ Mr. Aguiar updated the Board on the status of the plan, explaining that it might be redrawn from 4 lots to 3 lots.~ After discussion, Board members noted they were agreeable to the lesser number of lots but must see the final plan before a decision is made.~ After discussion, the hearing was continued to April 8, 2004, 8 p.m.
7:05 p.m.- Dan Aguiar, P.E., Sitec, Inc., presented Form J for release of lot No. 31 at Finch Farm subdivision.~ Letter, dated March 8, 2004 requesting the release was received from Attorney Mark Levin.~ Mr. Aguiar explained that the lot release had been approved in April 2003 but the Form J was not signed. After discussion, the Form J was endorsed.
7:15~p.m.- Attorney John Jacobin was present on behalf of Easecat LLC to discuss the open space special permit for Steeplechase subdivision.~ Attorney Jacobi explained that during the approval process for Steeplechase, the applicant’s intent was to build on 13 or 14 lots per year; however, a special permit to allow an exemption from the phasing by-law was not part of the Certificate of Action for the subdivision.~ Attorney Jacobin asked if the Board could now amend the COA by granting the special permit.~ After discussion, Board members agreed they were amenable to granting the special permit for phasing exemption but could not do so without holding a public hearing.~ Mr. Turowetz agreed to submit the special permit application for public hearing.~ Board members unanimously voted to waive the submittal fee for application.~ Mr.
Turowetz agreed to pay the cost of the legal advertisement.
7:30 p.m. – Hess service station site plan public hearing reconvened.~ Peter Howe, P.E., of Faye, Spofford & Thorndike (FST), Frank Livingston, Hess Corp. Real Estate Manager, and Dave McNamara, FST, were present.~ Review correspondence dated March 11, 2004 was received from JNEI.~ Mr. Livingston informed the Board that numerous changes were made to the plan.~ Mr. Howe updated the Board on the revised plan, noting that applicant had met with Mass. Highway and changes were made as a result of the discussions. Revisions included improved screening to 23 Elm St. East, extended sidewalk to easterly property line, two-lane merge extended, lane taper change, revised curb cuts, traffic signal modifications to include dedicated left turn.~ He noted that approval from Mass. Highway is needed for the revisions and approval is expected at
first submission of the plan to them.
Site lighting was discussed.~ Mr. Canto stated he felt the level of lighting should be decreased.~ Mr. Carlson requested that light poles be relocated to avoid site distance hazards.~ Mr. Howe agreed to document the site distance for the Board.~ Mr. Carlson also requested that the sidewalk along Rte. 138 be extended past the cemetery.~ Jodi Mello, Broadway, agreed with Board members that people walk along that section of Broadway.
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Hours of operation were discussed.~ Mr. Canto and Mr. Carlson requested reduced hours of operation; Mr. Andrade felt that was a ZBA permitting issue.
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Mrs. Mello requested an increase in buffer around the dumpster area.~ After discussion, it was agreed that there was no way to buffer all the sound from the site.~ After discussion, Mr. Howe agreed to stagger trees for added buffer along the Mello property line.~ Craig Mello, Broadway, noted that holly trees are on the site now and he felt they made a good buffer.
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Mr. Carlson requested that applicant meet with the cemetery commission.~ Mr. Howe agreed.
Dennis Cunningham, 63 Elm Street East, asked if a traffic study will be done for Elm Street East.~ Mr. Canto noted that Elm Street East was reflected in previous traffic studies but he felt they were inconclusive.~ John Schmid noted that there were discrepancies between Mobil and Hess traffic studies but he felt the Hess study was more conservative and JNEI was okay with that study.~ After discussion of lighting under the pump canopies, Mr. Schmid requested that the applicant provide industry, not Hess, standards for the lighting.
After discussion, the public hearing was continued to April 8, 2004, 8:30 p.m.~ Mr. Livingston agreed to submit additional project review funds before the next hearing.~
8:36 p.m. – Noblin-Campbell/Commerce Way site plan public hearing reconvened.~ Applicants John Noblin and Frank Campbell were present along with Tom Pozerski of Hayward-Boynton & Williams.~ Review correspondence dated March 11,2004 was received from JNEI.~ Mr. Pozerski updated the Board on the revised plan, including~changes to parking, sidewalks, landscaping strip and access drive.~ He noted that Conservation Commission will not approve the plan until final Planning Board approval is given.~ ~
Requested waivers were read and discussed.~ After discussion, motion was made to approve the waivers as read; motion seconded; motion passed with three votes in favor with Mr. Carlson abstaining.~ Mr. Andrade read proposed conditions of approval.~ It was noted that the photometric light plan had been waived but not the site lighting requirements. After discussion, motion was made to approve the plan entitled “Site Plan, John Noblin, Jr. & Francis Campbell, Lot 176-3F, Raynham, Massachusetts,” dated January 14, 2004,last revised March 11, 2004; motion seconded; motion passed three in favor with Mr. Carlson abstaining.~~
8:55 p.m. – Discussion re. Finch Farm Condominium site plan.~ It was noted that developer Mike Thiel was not present.~ Correspondence on the matter was received from JNEI, dated March 11, 2004; Janet Blount, Leonard St., dated February 27, 2004; Ronald Conrad, dated March 9, 2004; Mr. Andrade informed the Board that he went to the site and viewed the curbing in place.~ He stated he felt the job done was not satisfactory and he was disappointed at the situation.~ Mr. Andrade noted that the site plan modification approved by the Board was to allow a change from concrete curbing to Cape Cod berm and that elevations were not waived.~ Board members agreed with Mr. Andrade that the previous oversights should not have happened but that the present situation cannot be ignored because it is becoming a liability issue.
After discussion, Board members agreed to send a letter to Mr. Thiel informing him that the Building Commissioner will not issue any further temporary or final occupancy permits until the sidewalk is properly constructed, that the review account must be replenished and they will request Mr. Thiel have his project engineer and/or legal counsel present with him at any future meetings with the Board.~ Copies of the letter will go to Building Commissioner, Town Counsel and all Finch Farm Condominium homeowners.
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Janet Hashem and Ronald Conrad were present.~ Mr. Conrad discussed building construction issues at the condos and he stated his belief that the berms now in place were a safety hazard.~ The Board explained that building construction issues were not within their authority.~ They discussed the performance surety being held for the site and agreed to discuss increasing it if necessary at another meeting.
9:20 p.m.- Correspondence: Letter was received from Randall Buckner requesting the Board’s recommendations for Town Meeting acceptance of King Philip Estates I and II roadways, Rachel Drive, Suzanne Drive and Gretchen Way.~ After discussion, the Board agreed to forward the matter to Roger Stolte for his recommendations on the roads.
9:25 p.m. – Michelle Darling, Raynham, MA, appeared before the Board to discuss a possible site plan for a daycare facility on Center Street at what is currently Ed’s Boxcar.~ Board members and Ms. Darling discussed parking, sidewalks, handicap ramps, access/egress to the site, buffers.~ After discussion, Board members agreed there might not be enough parking at the site. After further discussion, they agreed the site was acceptable for the daycare business but it would need upgrades.~ They noted that safety is their main concern for the site.
9:45 p.m. – Town Planner update:~ The Board’s status as Special Town Employees was discussed.~ After discussion, it was agreed that Mr. McCarthy will look into the matter further and a letter will be sent to the Selectmen to request that the Planning Board members be designated as Special Town Employees if they are not already.
After discussion, Board members and Mr. McCarthy agreed that a retreat lot zoning by-law will not be ready for Annual Town Meeting but will be done instead for the fall town meeting.
9:50 p.m. – General Business:~ Correspondence dated~March 10, 2004 was received from Randall Buckner forwarding a request from David Belanger, South Street West, for a zoning change to allow professional offices and home occupations in multi-family dwellings.~ After discussion, Board members agreed to reply to the Board of Selectmen to inform them that the Board could not support Mr. Belanger’s request but that any zoning change request can be submitted by citizen petition.
General business:~ Invoices from JNEI and Staples were signed.
9:52 p.m. – The Board went into Executive Session to discuss Westcott Circle litigation.
10:40 p.m. – Executive session concluded.
There was no further business and the meeting ended at approximately 10:45 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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