Town of Raynham, MA - Planning Board Minutes May 27, 2004

6:35 p.m. - Munro Electric site plan (S-04-4)~public hearing was reconvened. Peter Wolski, Field Engineering, was present for applicant. He stated he met with abutters and presented a revised traffic flow plan. He stated he also met on site with planner and engineer. He presented a revised plan for redefined parking, stockade fence and trees to be planted. He stated trees should cut down on noise. A noise test was done with planner and abutters. Mr. Wolski noted trucks were revving engines and driving around and they could not be heard. Drainage system was discussed. It was noted all pavement running into street basin. Storm water revisions to be made. Applicant is meeting with Conservation next week.

Peter Wolski questioned sound study of 5/18/2004, which measured sound on the edge of parking lot. Richard McCarthy brought the Table Study outlines, which explains what the study means. Board members questioned what the baseline level without any noise would be. Mr. Wolski stated that a truck going by would be 65 decibels and 60 is normal, a sewing machine is 60. Board Members asked the abutters if the noise level was the same. Mr. Piche stated the test was done under optimum conditions. He stated that the trees absorbed noise four months out of the year. He stated when he went out, the noise level was very loud. There was discussion over 8-ft. fence proposed and 10-ft. fence to be considered.

The Board questioned again if they would be coming before the Zoning Board for Special Permit for parking in June. Length of parking spaces for trucks was questioned. It was stated the length is 15 ft, standard size parking spots. Board members felt that large parking spots will be needed because parking will be primarily for trucks. After discussion, Board agreed parking needs to be evaluated. After discussion, the Board suggested it would entertain a request for reduction to grant a waiver to allow less than 7 feet. Mr. Canto felt that is a zoning issue not a Planning Board issue. The Board asked for a reduction in number of parking spots with the spots made larger to accommodate trucks. The Board asked applicant to work on the parking issue. Mr. Schmid stated employee parking should be designated so that customers/contractors have specific parking area. Mr. Carlson stated he wants it safe for everyone. Mr. Gallagher suggested that they make parking spaces 10 feet wide and lose two spots. Mr. Canto stated angled parking makes it safer for everyone to park.

Mr. Andrade stated the plan looks good with the changes; wants guardrail continued in front of stockade fence and trees to be extended from upper corner. Mr. Carlson questioned what type of trees to be planted. Mr. Schmid stated red cedar of 4 ft to 6 ft.~ Mr. Andrade stated that parking reduction was denied once and would like to see if any changes were made. Mr. Gallagher questioned the type of fencing material to be used. Mr. Andrade would like stockade, guardrails and trees, for better protection. Mr. Fountain questioned whether a bond would be held so the trees can be replaced if they do not live. He noted he is going by applicant’s past track record and that they did not do what they were supposed to do seven years ago. Mr. Andrade stated after one year you'll know if trees will live. Mr. Carlson questioned if styrofoam fencing would be better for noise. Mr. Wolski noted that cost twice as much. Mr. Carlson stated it is a consideration and it is more costly to

Susan Peabody, Richmond St., direct abutter, stated she felt her property will be devalued. She wants a 10 ft stockade fence all the way around not an 8 ft fence and she wants cement sound barrier at the loading dock. If the trees die it does not help her. She wants soundproofing. Mr. Andrade stated he does not think it is a major thing to go from 8 ft to 10ft.~ Mr. Canto stated there should be maintenance-free white stockade fencing in that area. It would be pleasing to the abutters and maintain the integrity and structure of the Munro site. He stated barrier and buffer zone fences are falling down and no one is fixing them. He thinks Board should go with maintenance-free fence. Mr. Andrade stated if maintenance-free then stay with 8 ft not 10 ft fence. Mr. Andrade questioned loading dock 8 ft retaining wall around loading dock. The sound test stated Richmond Street generated more noise. Mr. Andrade asked Mr. Munro if he has a problem putting up 8 ft wall around loading dock. Mr. Munroe agreed to go along with it. Mr. Andrade asked Mrs. Peabody if 8ft maintenance-free fence would be okay and Mrs. Peabody agreed it is satisfactory.

William Piche, 139 Richmond St., stated the Wetlands are gorgeous and he is concerned with water being diverted and the pond will cease to exist. Mr. Fountain stated that is a Conservation issue. Mr. Piche stated he likes the suggestion of trees being planted and stated that board take into consideration that noise will be increased 100%. He questioned whether trees 50 ft to 80 ft tall will be cut. Mr. Andrade stated that is a wetland area and nothing can be touched.

Mr. Andrade doesn't think it will help end result. Mr. Wolski stated they may have to cut trees to plant trees. They will look it over later. Mr. Canto questioned Time-to-Act. The date is June 24th. Mr. Andrade asked Mr. Wolski to sign another Time-to-Act Form. Mr. Wolski questioned fees. Mr. Andrade stated the fees are the fees. After discussion, the hearing was continued to June 24, 2004 at 6:35 p.m.

7:35 p.m. - Westcott Subdivision Plan Public Hearing (D-03-7) reconvened. The Board agreed to hire services of JNEI. Mr. Schmid will try to get additional information on stormwater. He will be ready for June 10th meeting if he receives information in time. Uanimous vote vote to continue hearing to June 10, 2004, 6:30 p.m.

7:40 p.m. Developer Al Endrunias appeared before the Board to request bond reduction at King Philip Estates I & II. Letter dated May 26, 2004 was received from Roger Stolte, Highway Supt. Mr. Endrunias stated all work is complete on Phase I. Certificate of Compliance from Mass. DEP should be available next week. Mr. Canto suggested that the Board hold $4550 for Phase II. The retention basins need to be cleaned up. The Water Department was supppose to e-mail stating everything okay and they have not heard from them yet and also have not heard from Sewer Department. Mr. Andrade wants to hold $4550 on Phase I and $4550 on Phase II. The Board told Mr. Endrunias to get sign-offs from all Town Departments and Boards. After discussion, motion was made to hold $4550 on Phase I and $4550 on Phase II; motion seconded; motion passed by unanimous vote.

7:45 p.m. - Dan Aguiar, Sitec Engineering, presented Bridge Street Form A plan. He explained he understands he will have to go for variance for frontage access. Mr. Gallagher noted access from street frontage is neeed. Mr. Canto stated the plan is not in compliance with Zoning or Conservation and hardship is being created. The Board questioned whether we look at intent. It was stated that the Board has 21 days to act. The board will get Town Counsel’s opinion on the matter. Continued to June 10, 2004, 9:00 p.m.

8:00 p.m. - Forge Knoll Subdivision Public Hearing (D-03-7) reconvened. Dan Aguiar, Sitec Engineering, explained the revised plan. He is asking for waiver of drainage guidelines. He has discussed with Town Planner and Engineer. The Board asked if applicant has been to Conservation with this plan. Mr. Aguiar stated no, but Conservation approved the first plan and this plan creates less wetlands. The Board agreed this plan looked better. The Board stated they think the Fire Department will want a turnaround at the end of the cul-de-sac and the third lot may be a problem. After discussion, it was agreed that the road will remain private and wording must be added to the plan stating that fact. It was suggested the turnaround be put in revised plan. The Board agreed a Homeowners’ Association will be needed for the private roadway. Mr. Aquiar wanted to know what had to be done to make it a public way. The Board stated it has to be increased to 24 ft proper width and full drainage according to Town standards. Public roads have to be able to fit school bus. After discussion, the Board advised applicant make an effort to mitigate peak grade. Time-to-Act July 30, 2004. Hearing was continued to June 24, 2004, 6:30 p.m.

8:16 p.m. - Walmart - Broadway Form A submittal reconvened. Attorney Robert Tuchmann, Hale and Dorr, LLP, and John Kucich, P.E., present. Attorney Tuchmann stated they are looking for two Form A's and went over the proposed plans. The Board questioned ownership of the land and if the entire proposed plan was in Raynham. All of the land affected is in Raynham. After discussion, Mr. Fountain made a motion to accept plan prepared for Rapid, Inc. by Hayward, Boynton, & Williams, Inc.; motion seconded; motioned passed by unanimous vote. Mr. Tuchman next showed plans to convert land from Prospect Leasing to Murby's from Murby's to Rapid Inc. making straight lot lines. After discussion, Mr. Fountain made a motion to accept the plan presented as a Form A plan not requiring subdivision approval; Motion seconded; unanimously accepted by the Board.

The Preliminary Subdivision plan was submitted and reviewed. Attorney Tuchman asked for the plan to be filed and submitted for consideration. He stated it creates 3 lots and is a combination of 2 Form A's. Mr. Gallagher stated the Form A plan grandfathers the use for 3 years but does not grandfather area requirements. He noted the Board did not need to take any action tonight to approve or deny. Hearing for the preliminary plan was scheduled for July 8, 2004, 6:30 p.m.

8:37 p.m - Carver Woods Public Hearing (D-04-4). Mr. Carlson read Public Hearing notice. Arthur Borden submitted the plans for consideration. Nine houses are to be built. He stated Police and Fire have no concerns. The town Engineer has two concerns with retention area emptying into wetlands and there is no intersection existing condition. The current fork in road is a tough way to merge with traffic. Plans are unclear as to who owns triangular piece. This piece would need to be reconfigured. Mr. Andrade stated there is a large list of needs.

8:52 p.m. - Tearall Road Public Hearing (D-04-4) was opened. Mr. Carl Carlson read the Public Hearing Notice. Jamie Bissionette, Hayward, Boynton and Williams stated before the Board that he was representing Glen Whittaker. He requested a waiver of fees. He also exhibited the proposed plan. He stated they have a proposed 50-ft right of way that might benefit Fire and Police Department. He stated he spoke to Roger Stolte and he does not have a problem with plan and does not want a common driveway and town like to receive land. Mr. Andrade confused and concerned about the fees. He stated is this is an actual submission then the fees need to be collected. Mr. Bissonette stated he was told waiver of fees had to go before the Board. Mr. Carlson stated he has a problem and wants to know why plan before the Board without collecting fees and is also concerned about the piece of land left in limbo. Mr. Andrade questioned what is beyond this parcel. Mr.

John Halliday, abutter, stated his oppostion to the proposed plan. He questioned why a right-of-way is needed when one exists. Mr. Halliday noted the plan devalues his property and he does not want his frontage impaired. Mr. Gallagher noted the plan could harm the other landowners. Mr. Halliday stated this is part of a larger puzzle. He questioned why applicant did not get together with other landowners to cut a road because the proposed plan cuts out him and other property owners.

Mr. Andrade stated if the plan is going to be filed, fees need to be paid and waiver of fees can be requested later. After discussion by the Board and petitioner, it was agreed Mr. Bissionette could withdraw the plan without prejudice but must pay the Taunton Gazette advertising fees. Motion was made to allow the plan to be withdrawn without prejudice with the condition that the Taunton Gazette advertisement be paid to the Planning Board office; motion seconded; motion passed by unanimous vote.

9:28 p.m. - Dr. Chuang Site Plan Public Heating (S-04-5) was opened. Mr. Carlson read the public hearing notice. Mr. Bissionette, Hayward, Boynton & Williams, representing the petitioner, appeared before the board. He explained Dr. Chuang seeks to convert the first floor of a residential home to a family medical practice and he will then live on the second floor. Parking and landscaping will be added to the site, there will be a 5 ft. shoulder down hill and retaining wall. Mr. Bissionette and the Board discussed the drainage. It was noted that topography goes down to retaining wall and funnels all the water into catch basins. Mr. Schmid stated it is a small drop, 2-3 feet. Mr. Andrade questioned curbing and water going into one corner into catch basin. Mr. Bissonette explained to the Board that waivers are being requested because Dr. Chung wants to open his practice but also keep the property as residential. Mr. Andrade stated he would read the waivers and if any problems, then stop him. After discussion, waivers were revised by petitioner. Revised waivers were read and a motion was made to accept waivers as read. Motion then revised to add a waiver to allow Asian Pear trees and Japanese maple trees with less than 4-inch caliper; motion seconded; motion passed by unanimous vote. After discussion, motion made to accept the site plan entitled “Dr. Cheng Chieh Chuang, 480 Morris Ave., Providence, RI 02906,” dated May 5, 2004 last revised May 25, 2004, with standard conditions to apply; motion seconded; motion passed by unanimous vote.