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The Raynham Planning Board meeting of June 10, 2004 opened at 6:34 p.m. with Daniel Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present.~ Also present were Richard McCarthy, Town Planner, Maureen McKenney, Administrative Assistant, and John Schmid, Judith Nitsch Engineering, Inc. (JNEI).~
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6:35 p.m. - Westcott subdivision public hearing was reconvened.~ Applicant Paul Westcott was present.~ He requested a continuance of the public hearing to June 24th.~ After discussion, the public hearing was continued to June 24, 2004, 7:45 p.m.
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6:38 p.m. - Developer Al Endrunias appeared before the Board nd requested release of the road bond and snowplow funds being held for completion of King Philip Estates, Britton Street and King Philip Street phases.~ Roads in both subdivisions were accepted at the Town Meeting.~ Mr. Endrunias informed the Board a partial Certificate of Compliance has been recorded.~ He submitted a letter dated June 10, 2004, giving his personal guarantee to obtain a full Certificate of Compliance from Mass. DEP.~ Correspondence was also received from Highway Superintendent Roger Stolte, dated February 10, 2004 (sic) and Board of Sewer Commissioners dated June 4, and June 7, 2004 re. acceptance of the subdivision.~ A letter was received from Kevin and AnneMarie Truelson, 35 Pontiac Road.~ Mr. McCarthy informed the Board the Truelson's issues were settled by
Roger Stolte.~ John Schmid informed the Board that Mr. Endrunias has complied with the subdivision plans.~ After discussion of project review fees, Mr. Endrunias agreed to forward a letter authorizing the transfer of project review funds from his defunct Broadway/ King Philip Street preliminary plan to the project review account for King Philip Estates I and II.~ After further discussion, motion was made to hold $1,000 on King Philip Estates I and II for the growth and replication area per the superceding order by the State until a Certificate of Compliance is issued; motion seconded.~ After discussion, motion was made to rescind the previous motion and to release $4,550 from the accounts for King Philip Estates I and II and the snowplow funds except for $408.36 for review fees and $1,000 to be held until a Certificate of Compliance is issued; motion seconded; motion passed by unanimous vote.
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6:45 p.m. - Mr. Jerry Johnson of Longhorn Steakhouse presented a modified site plan for Longhorn Steak House at the Lowe's site on Rte. 44.~ Mr. Johnson explained the proposed changes, noting that the building's first floor elevation will be raised 0.5 feet and a retaining wall will be added along with a sidewalk for pedestrian use at the site.~ He noted there will be no changes to the site lighting.~ Correspondence was received from JNEI dated June 8, 2004.~ Mr. Schmid informed the Board he had no concerns with the modified plan.~ Mr. McCarthy presented a proposed Certificate of Action.~ After review and discussion, motion was made to accept the minor modification for Longhorn Steakhouse at the Lowe's Rte. 44 site with conditions as indicated on the Certificate of Action; motion seconded; motion passed by unanimous vote.
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7:00 p.m. - Mr. Andrade informed Board members that he received a phone call from the State Ethics Commission informing him a complaint has been filed against him regarding a possible conflict of interest relating to the over-55 by-law passed at Town Meeting.~ Mr. Andrade noted that his brother does work for developer Nick Mirrione, Easton, MA, and there is an inquiry into whether or not that was a conflict because of Mr. Mirrione's interest in the over-55 by-law.~ Mr. Andrade noted he informed the Ethics Commission the by-law was not site specific for any area nor for any one developer.
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Mr. Andrade noted he was informed that if a Board member has a relationship with a person appearing before the Board, that member should file a letter with the Town Clerk indicating the relationship with the person, stating there is no personal gain involved.~ Mr. Andrade was informed the Ethics Commission will be asking for minutes for all meetings related to the over-55 by-law.~ He advised them to contact Town Counsel.
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7:05 p.m. - Mastria Auto Dealerships, Rte. 44/Raynham Woods site plan public hearing was opened.~ Applicant Rick Mastria was present.~ Mr. Andrade, Mr. Carlson and Mr. Canto all noted they had done business at Mastria auto dealerships in the past.~ Mr. Andrade asked if anyone present had a problem with that, and no one responded.~ Mr. Carlson then read the hearing notice.~ Barry Koretz, BKA Architects, was present.~ Mr. Andrade explained that he had hired him as a member of a design team several years ago.
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John Bensley, Beals & Thomas, submitted a revised site plan.~ He reviewed the plan for the Board, noting two dealerships will located on separate lots but will share an access driveway off Route 44.~ Mr. Bensley discussed water, sewer lines, the drainage basin, storm water management system, sit e parking.~ He explained that trucks will access the site from an easement through Hill Street.
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Board members and Mr. Bensley discussed waivers from Sections~4.15, 4.22, 5.1.5, 5.2.5, 5.3, 5.4, and 5.6.2.~ Correspondence on the plan was received from JNEI, dated June 10, 2004; Roger Stolte, dated May 27, 2004; Linda Silva and Joseph Todorsky,~1314 Rte. 44, dated June 10, 2004; Rick Mastria, dated June 10, 2004.~ After discussion of the correspondence, Mr. Mastria and the Board agreed that the site lighting would comply with the existing lighting at Mr. Mastria's other Rte. 44 automobile dealerships.~ After further discussion, vote on the waivers was tabled.~
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John Schmid informed the Board Roger Stolte is requesting all projects, including those in Paramount Woods, submit pre- and post-detention studies.~ Mr. Bensley and Mr. Schmid will discuss that issue further.~ Mr. Mastria and the Board discussed security measures at the site.~ It was agreed that the traffic conditions on Rte. 44 are not ideal and will not improve in the near future.~ After discussion, it was agreed that the Hill Street access roadway will not be for customer use but only for delivery trucks and it will be gated.~ It was also noted that the proposed Rte. 44 improvements will not effect this site plan.~~
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Francis McIntyre, 114 Hill Street, asked that cars not be displayed out front along Rte. 44 because it is a traffic hazard. He noted that a right-turn only out of the site, as discussed earlier by the Board, would not work because it would be ignored.~ The Board explained that cars will be placed well back from Rte. 44 to avoid a traffic hazard.~ Board members agreed a right-turn-only from the site would not work.
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After further discussion of the lighting, Mr. Mastria agreed to submit a light plan showing the location of poles at 20 ft. and 25 ft. heights.~ Barry Koretz, BKA Architects, presented a rendering of the proposed buildings.~ After discussion, it was agreed that bollards or safety restraints must be shown on the plan and certification must be submitted verifying the capability of the building front to withstand impact from an automobile.~ After discussion, it was agreed outstanding issues were site lights and test pits. After discussion, the public hearing was continued to June 24, 2004, 8 p.m.
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8:15 p.m. - DePuy Orthopaedics/Johnson & Johnson site plan public hearing was opened.~ Carl Carlson read the hearing notice.~ Michael Dryden, P.E., Meridian Associates, Jeff Prince, Dacon Corp., and~ Mark Mickaleck, DePuy were present on behalf of the applicant.~ Correspondence on the plan was received from JNEI, dated June 9, 2004, and Roger Stolte, dated June 8, 2004.
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Mr. Dryden reviewed the site plan for the Board, explaining that the proposed building will be located off the recently added parking area and the site plan also includes a possible future expansion. He noted there will be some modification to the existing drainage and a 30 feet wide access road off Ashley Way.~ Mr. Dryden stated there will be no noise generating equipment with this addition.~ Mr. Prince stated there will be acoustic enclosures for the proposed utility building.
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Mr. Andrade opened the floor for questions and comments.~ John Green, Ashley Way, asked if the new access road would be open 24 hours a day or would it be gated.~ Mr. Prince stated it will not be gated yet but it could be in the future.
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Russ Green, Ashley Way, expressed concerns with the traffic to be generated on Ashley Drive by the new addition.
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Richard Dion asked how many shifts would be working at J & J.~ Mr. Prince explained there will be three shifts, with the third shift consisting of about 30 people.~ Mr. Dryden explained that not all employees will use the access road off Ashley Drive.
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Fred Klausky, South Street East, noted that if a guard shack is installed, all cars would be using the Ashley Drive access road.~ Mr. Dryden said trucks would not use that access road.
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Charlene Silva, 81 Hill Street, informed the Board that the speed bumps at the J & J site are a problem because her house shakes when trucks travel over them.~ Mr. Prince responded that they are aware of the speed bump problem and are not proposing more but instead will have tighter turns in the roadway to slow traffic.
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Leonard Vintro, 55 Hill Street, agreed that speed bumps are a problem.
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Fred Klausky noted that the air conditioning noise from J & J is very loud now and he fears it will get worse.~ Mr. Dryden noted it might not be the air conditioning presently being heard.~ Mr. Prince noted there is equipment on site that is 20 to 25 feet high and that might be what the neighbors hear.
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Keith Wrigley, 429 South Street East, noted concerns with lighting from J & J, water runoff onto his property, noise that is so "deafening" 24 hours a day that he cannot open his windows.~ After discussion, it was agreed that Mr. McCarthy and John Schmid will do a site visit to test the noise levels at the site.~
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Francis McIntyre, 114 Hill Street, explained that Johnson & Johnson had rectified prior noise problems.
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Corrine McIntyre, 114 Hill Street, asked where trucks will enter the site and what time construction would start.~ It was noted that truck traffic to the site will not change and the town has a by-law limiting construction starting time to 7 a.m.
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Board members discussed drainage problems at Mr. Wrigley's property. Mr. Schmid noted the~~ water runoff could be related to the recent parking area addition at the J & J site.~ Mr. Dryden stated the new drainage should improve the situation.~ There was further discussion about noise generated from the site.~ Mr. Prince agreed to consider a wall for noise reduction for the neighbors.
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Requested waivers from Sections 2.3, 4.14, 4.21, 4.22, 5.1.5, 5.2.3, 5.2, 6.0 were discussed.~ Site lighting was discussed.~ Mr. Schmid noted that he is concerned with seasonal high water and that soil testing could be a condition of approval.~ Mr. Dryden explained to the Board it is a problem to do soil testing now so they would prefer to postpone soil tests to a later time.~ After discussion, Board members agreed the testing should be done as indicated by JNEI.~ Vote on the waivers was tabled.~ After discussion, the hearing was continued to June 24, 2004, 8:30 p.m.~
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9:15 p.m. - Munro Electric site plan public hearing reconvened.~~ A letter requesting a continuance of the hearing was received from Peter Wolski, Field Engineering.~ After discussion, the hearing was continued to June 24, 2004, 9 p.m.
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9:17 p.m. - Larry Silva, Silva Engineering, Bridgewater, MA, presented a modified Hampton Inn, Rte. 44, site plan and explained the proposed changes to the Board.~ He noted Mass. Highway had approved the curb cuts for the site and the changes were reflected on the plan.~ Mr. Silva also explained that a wing wall will be shown on the plan instead of the straight wall as previously approved.~ Memorandum dated June 8, 2004 was received from JNEI.~ Mr. McCarthy presented a proposed Certificate of Action (COA) for the modified plan.~ After discussion, motion was made to approve the requested modification as set forth by Hampton Inn with conditions as noted on the COA; motion seconded; motion passed by unanimous vote.
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9:20 p.m. - Ron Turowetz and Dan Aguiar, Sitec Engineering, appeared before the Board with a Form J for release of Parcels P, Q and R at Steeplechase subdivision.~ It was noted these parcels were actually part of lots located in Finch Farm subdivision but they had been included in the open space covenant for Steeplechase Farm and now needed to be released.~ Correspondence on the matter was received from Attorney Gregory Trakas, representing a prospective lender for 102 Finch Road.~ After discussion, motion was made to release Parcels P, Q and R as shown on "Steeplechase Preserve Overall Subdivision Plan of Land located off Leonard Street in Raynham, MA," dated December 12, 2001, last revised March 18, 2003; motion seconded; motion passed by unanimous vote.
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9:28 p.m. - Dan Aguiar, Sitec Engineering, presented a Form A plan for land on Bridge.~ Mr. Aguiar noted the plan was before the Board at their previous meeting but there were wetland~ issues raised by the Board.~ Mr. Aguiar submitted a letter dated June 9, 2004 regarding those wetland issues.~ Board members discussed the lot's frontage, the wetland issues and the fact that the plan might not conform to zoning.~ Mr. Fountain noted he will be abstaining from the vote because he has represented the applicant.~ After discussion, motion was made to endorse the "Approval Not Required of Land Located in Raynham, MA, Prepared For Bridge Street Realty Trust," drawn by Sitec Engineering, dated May 24, 2004;~ motion seconded; motion passed four in favor and Mr. Fountain abstaining.~
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9:45 p.m. - Town Planner Update - tabled to next meeting.
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General Business:
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Board members briefly discussed Mr. Andrade's conversation with the Ethics Commission.~ After discussion, it was agreed Mr. Andrade should contact Town Counsel.
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Copy of a letter from Attorney Michael Jones, West Bridgewater, MA, dated May 25, 2004,~~~~~~~~~ re. issues at the Raynham Flea Market was received.~ No action was taken.~ Copy of a letter from the Raynham Building Commissioner to Gabcon, Inc., dated June 7, 2004, was received.~ No action was taken.
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The minutes of June 2, 2004 were received.~ Motion was made to waive the reading; seconded; motion passed by unanimous vote.~ Motion was then made to accept the minutes as printed; seconded; motion passed by unanimous vote.
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The Community Preservation Act (CPA) was briefly discussed.~ It was agreed that Mr. McCarthy will be doing public relations work in order to better inform people about the CPA before the September ballot vote.
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After discussion, motion was made to nominate John Canto as the Board's Capital Planning Committee member; motion seconded; motion passed by unanimous vote.
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After discussion, motion was made to nominate Carl Carlson as the Board's TIF representative; motion seconded; motion passed four in favor (Mr. Fountain was not present at the vote.)
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There was no further business and the meeting adjourned at 9:50 p.m.
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Respectfully submitted,
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Carl Carlson, Clerk
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