The Raynham Planning Board held a meeting on June 24, 2004, at Raynham Town Hall.~ Present were Daniel Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher.~ Also present were Maureen McKenney, Administrative Assistant, and John Schmid, Judith Nitsch Engineering, Inc. (JNEI).
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6:30 p.m. - Forge Knoll public hearing was reconvened.~ Developer Ron Turowetz and Daniel Aguiar, P.E., Sitec Engineering, were present.~ Mr. Aguiar reviewed the redesigned 3-lot plan for the Board.~ Correspondence date June~24, 2004 was received from JNEI.~ After Mr. Aguiar's presentation, Board members agreed they liked the revised plan.~ Board members and Mr. Schmid discussed drainage. Mr. Aguiar explained that a larger swale was designed and it will discharge runoff away from the neighbors.~ It was noted the subdivision would have municipal sewer.~
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There was discussion of the requested waiver to allow an 18 feet wide roadway.~ During discussion Board members and Mr. Turowetz agreed the roadway will remain private and that fact will be disclosed on all documents related to the subdivision.~ Mr. Aguiar submitted correspondence with waiver requests listed.~ Board members discussed the waivers.~ There was discussion about the required number of trees to be planted on the site and the fact that sidewalks are being eliminated to reduce water runoff.~ After discussion, motion was made to accept the waivers as read; motion seconded; motion passed by unanimous vote.~ After discussion, motion was made to approve the plan entitled " Definitive Plan ‘Forge Knoll’ in Raynham, Massachusetts,” dated August 26, 2003, last revised June 24, 2004, drawn by Sitec Engineering,
with following conditions:~ all existing trees that are to be saved shall be determined by the Planning Board's designee; the approved landscape package will be submitted and approved by the Planning Board prior to lot release; the road shall be maintained and shall remain as a private way; a homeowner’s association shall be in place; all standard Certificate of Action conditions shall apply; JNEI shall conduct construction administration review services; motion seconded; motion passed by unanimous vote.~ Certificate of Action will be issued.
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6:58 p.m. - John Noblin appeared before the Board to request a minor modification to the approved Noblin/Campbell, Route 44/Commerce Way site plan.~ Mr. Noblin explained he wants to use concrete blocks as a guardrail instead of the approved wooden rail, at the site entrance only.~ He explained the blocks would be bolted in place, would be aesthetically more pleasing and could withstand greater impact than the wooden rail.~ Mr. Noblin also asked that the wheelchair access be relocated, that part of the sidewalk be eliminated and that a small portion of the pavement be added at the rear parking lot.~ After discussion of the proposed modifications, motion was made to approve as a minor modification the plan submitted to the Board entitled "John Noblin, Jr. and Francis Campbell, PO Box 250 Raynham Center, MA, Proposed Landscaping Plan
Lot 176-3F Commerce Way, Raynham, MA,” dated March 29, 2004, revised June 24, 2004; motion seconded; motion passed by three votes in favor with Mr. Fountain and Mr. Gallagher abstaining.~
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Mr. Noblin then submitted a preliminary plan for a conventional subdivision on Hill Street, as a prerequisite for an open space subdivision.~ The application will be reviewed and a hearing date will be scheduled.
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Mr. Noblin submitted a proposed plan for his Church Street apartment complex, explaining that he wants to remove lots lines at the site so that garages can be constructed.~ The issue of how to proceed with that matter will be researched by the Town Planner.~
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Mr. Noblin requested a reduction in the administrative fee submitted for the Commerce Way/Route 44 site plan.~ He stated he felt the fees collected should reflect costs involved for a submission.~ He noted there was no town engineer at present to justify the fee increases, the increases do not encourage development and were not appropriate.~ During discussion, Board members noted the fee increases were justified by the Town Planner.~ After discussion, motion was made that the fee stays as is; Mr. Fountain noted he will be abstaining from the matter.~ After further discussion, it was agreed to have Mr. McCarthy review the fees.~ The matter was tabled to the next meeting.
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7:20 p.m. – Mello/225R North Main Street public hearing was reconvened.~ Mr. Fountain read a letter dated June 22, 2004 from Attorney Mark Gladstone, Braintree, MA, explaining that the injunction issued in this case is still effective.~ Request for continuance was received from James and Kathleen Mello.~ The hearing was then continued to September 23, 2004, 6:30 p.m.
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7:25 p.m.~ - Carver Woods subdivision public hearing was reconvened.~ A request for continuance was received from the applicant.~ After discussion, the hearing was continued to July 22, 2004, 7 p.m.
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7:28 p.m. –~Developer Nick Mirrione and Scott Faria, Easton, MA, presented the Kings Estates subdivision plans for endorsement.~ Mr. Mirrione submitted a covenant.~ Mr. Fountain noted he reviewed the covenant but without the approved plan but the body of the covenant was okay.~ It was noted that the easements are in place.~ After discussion, the Board endorsed the plan.
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7:31 p.m. - Developer Ron Turowetz and Dan Aguiar, P.E., Sitec Engineering appeared before the Board with Riverwalk preliminary subdivision plan for property at Route 44 and Church Street.~ Mr. Aguiar noted the area is zoned business on Route 44 with the back portion zoned Residential A, and the proposed lots could be for automobile dealerships.~ Mr. Aguiar explained a possible access way that could be located off Church Street if the Board were agreeable to a lesser road width for approximately 10 feet off Church Street, noting the access way would be located in the business zone.~ Board members discussed the possibility of extending the access way.~ They agreed there must be screening for the abutting residences.~ Mr. Turowetz explained that when he sold his adjacent residential properties on Church Street, the buyers were made aware
there was a potential for business development behind their properties.~ No action was taken on the preliminary plan.~
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Mr. Turowetz then requested a bond reduction for Steeplechase subdivision.~ Construction Cost Estimate dated June 18, 2004 was received from JNEI.~ After discussion, motion was made to hold the amount of $438,139 as surety for completion of Steeplechase subdivision and to release any amount over $438,139; motion seconded; motion passed by unanimous vote.
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7:45 p.m. - Westcott Circle subdivision hearing was reconvened.~ Applicant Paul Westcott, Attorney Donald McManus, Seekonk, MA, and Arthur Borden, Raynham, MA, were present.~ Correspondence was received from JNEI, dated June 2, 2004 and June 24, 2004; Roger Stolte, dated June 3, 2004; North Raynham Water District (NRWD), dated May 4, 2004.~ Attorney McManus informed the Board the plan now meets all the requirements and he was willing to stipulate to putting "extras" on the plan as required in the June 24, 2004 JNEI correspondence.~ Mr. Borden explained the swale that is located at lower points of the adjacent properties.~ Mr. Schmid suggested a grade easement so the swale is not lost in the future.~ Attorney McManus stated he could draft an easement for that purpose.~ It was agreed that the easement should be granted to the
homeowner with the Town as enforcement, if needed.~ Mr. Stolte's letter of
June 3, 2004 was discussed.
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Mr. Schmid informed the Board he was not responsible for the drainage design although he reviewed it for the Town so the matter could move forward.~ He read his recent correspondence regarding his drainage analysis.~ He noted if the drainage design is implemented there should be no impact to the wetlands and with the easement there should be no change in grade.~ In response to a question from Kevin Post, John Schmid stated a stone trench will come off the driveway and that he has requested a construction detail from the applicant.~
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Mr. Gallagher questioned if site distance requirements were met along Oak Street, noting the plan should comply with the requirements at the corner.~ Location of the fire hydrant on Oak Street was discussed.~ Mr. Andrade noted the approved waivers remain with this revised plan but all rules other than the waivers apply to the plan.~ After discussion of the easement to be granted and the status of the current appeal, Mr. Andrade noted he felt the matter was discussed enough and was ready for a vote.
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Gordon Rose stated the plan looked "better and better" but he felt statements made at the Conservation Commission meeting were contradictory to the drainage discussions between the Board and the applicant.~ In response to a question from Dave Horan, John Schmid explained that a trench will be located on both sides of the lot and there should be a reduction in water runoff to the Horan property.~
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Attorney McManus noted Mr. Stolte still valued the easement to the Town and the plan meet all requirements with waivers.
John Schmid noted the Board previously waived a drainage report but he did his analysis and made suggestions.~ He stated that the applicant takes ownership of the design.~ He suggested a condition that the final plan be reviewed before endorsement.~ After discussion, Board members agreed all details should be labeled on the plan and all comments in JNEI June 24, 2004 letter should be implemented.~ After discussion, it was agreed a chain link fence or a stockade fence with open space underneath could be allowed in the no construction easement.~ Correspondence from the NRWD was discussed.
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The previous Certificate of Action (COA) was discussed.~ After discussion, it was agreed all legal issues shall be resolved prior to endorsement of the plan.~ The public hearing was closed.~ A motion was made to approve the plan entitled "Westcott Circle Definitive Subdivision Plan of Land in Raynham, Massachusetts Prepared for Paul Westcott,” dated~September 8, 2003, last~~~ revised June 23, 2004, with all conditions as previously discussed; motion seconded; motion passed four in favor with Chris Gallagher abstaining.~ COA will be issued.
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8:30 p.m. - Mastria Site Plan public hearing was reconvened.~ Applicant Rick Mastria, and John Bensley, P.E., Beals and Thomas, were present.~ Correspondence on the matter was received from~JNEI, dated June 24, 2004.~ Mr. Bensley reviewed the revised plan for the Board, specifically noting the issue of safety of the facade of the building, the gate at the Hill Street driveway, the curb roundings at Hill Street, the approximate locations of the water services on the plan, and the signs, which will comply with zoning by-laws and other signs in the area.~ Mr. Fountain requested a letter stating the facade would stop a 4,000 pound car traveling at 40mph from entering the building.~ Mr. Bensley stated that was not possible.~ Mr. Fountain explained that was a concern of the Board for safety reasons.~ Board members and Mr. Bensley discussed the
curbing at Hill Street.~ After discussion, it was agreed to change the curbing to sloped granite.~ It was also agreed that all signage would be approved by the building department.~
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Joe D'Allessandro, applicant’s lighting consultant, discussed site lighting with the Board.~ He noted the average foot-candle is 3.8 with 2.5 to 7 foot candles at the front of the site.~ He stated there will be no shield on the lights.~ After discussion, Board members agreed they will retain the right to require light shields if necessary.~ Mr. D'Allesandro noted the lighting was designed with Town regulations in mind.
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Mr. Bensley discussed the drainage basin.~ He informed the Board basin testing will be done next week and Conservation Commission is okay with the basin design. Mr. Schmid suggested a condition that the testing results be provided before the plan is endorsed.~ During discussion, it was noted that there is no car wash on site and no outside car washing will occur.
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Waiver requests were discussed.~ After discussion motion was made to approve requested waivers from Sections 4.15; 4.22; 5.1.5; 5.2.5; 5.3; 5.4; 5.6.2; motion seconded; motion passed by unanimous vote.
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After further discussion, motion was made to approve the plan entitled "Mastria Automobile Dealerships, Route 44, Cape Highway Raynham Woods Commerce Center Raynham, Massachusetts,” dated May 3, 2004, last revisions: cover sheet, 06/08/04; sheet 2 and 3, 05/03/04; sheet 4, 06/24/04; sheet 5 and 6, 06/8/04; sheet 7, 06/24/04; sheet 8, 05/03/04, sheet 9, 06/08/04 and sheet 10, 05/03/04, with the following conditions:~ curbing along Hill Street shall be sloped granite; signs shall be approved by the building department prior to installation, photometric lighting plan submitted by GE Systems Lighting, dated 06/24/04 shall be followed; the Board reserves the right to require shielding if excessive spillage onto streets and adjacent properties; applicant shall conduct soil tests and they shall be approved prior to endorsement.~ All
standard conditions shall also apply; motion seconded; motion passed by unanimous vote.~ Certificate of Action will be issued.
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9:10 p.m. - DePuy Orthopaedics/Johnson & Johnson site plan hearing reconvened.~ Present on behalf of the applicant were Michael Dryden of Meridian Associates, Jeff Prince of Dacon Corp., and Gary Wilson, DePuy/J & J plant engineer.~ Mr. Dryden explained that the site plan is for two phases of a proposed addition but only one phase will be built now.~ He noted there are just under 400 parking spaces, there is new drainage planned, and there will be an access road off Ashley Road for employees.~ He informed the Board the soil testing as requested by JNEI had been done and the results were positive.~ John Schmid agreed to this.~
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Photometric/lighting plan was discussed.~ Poles both 20 feet and 30 feet in height will be located on the site.~ John Schmid noted that the light spillage from the site onto Ashley Road is not excessive and is safe.
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Mr. Wrigley, South Street East, informed the Board of problems he had with water runoff from the J & J site onto his property and also problems with noise and light from the J & J site.~~ John Schmid informed the Board he reviewed the situation and believes the drainage problems at the Wrigley lot are not from the J & J site but he was not sure what caused them.~ Mr. Gallagher suggested it could be caused by a "dam" at the property line and poor soil conditions.
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Mr. Prince explained to the Board that an acoustical study was done both during the day and night hours.~ He noted the dust collectors were identified as the noise source and J & J is prepared to enclose them to reduce the noise. The noise level is presently between 50 - 60 DBA., and the level will be reduced to 41 DBA at the rear residential structures after the planned eight-feet enclosure is constructed.~ Mr. Gallagher noted he did a site visit and the area is noisy.
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Mr. Prince informed the Board that the speed bumps have been removed.
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Mr. Wrigley noted his questions have been answered by J & J and he is pleased with the talks held.
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Mr. Prince then requested a reduction in the filing fee in light of the noise reduction effort and removal of the speed bumps.~ He noted it will cost J & J $75,000 in noise mitigation, and he submitted a letter addressing the issue.~ Mr. Dryden requested a 75% reduction in filing fees.~ After discussion, Board members agreed they were getting something for the Town and they would consider the matter if after the noise reduction is confirmed.
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Mr. Fountain asked John Schmid to investigate for the Board if higher light poles with lower light levels or lower poles with brighter lights was better.~~~
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Waiver requests were discussed.~ After discussion, it was agreed to remove fee reduction as a waiver request and to make it a condition of approval.~ After further discussion, motion was made to approve the waivers from Section 4.14; 4.2.2; 5.5.5; 5.2.3; 5.6.2. and 6.0; motion seconded; motion passed by unanimous vote.
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After discussion, motion was made to approve the plan entitled "Site Plan Approval DePuy Orthopaedics, Inc. West Building Addition 325 Paramount Drive Raynham, Massachusetts," dated May 18, 2004, last revised May 28, 2004 with the following condition:~ all current site plan conditions to apply; noise levels to be reduced to 41DBA at the rear residential structures; the Board will agree to consider filing fee reduction (applicant has requested 75%) upon proof that the noise level has been so reduced; speed bumps shall be removed and remain removed.~ The motion was seconded; motion passed by unanimous vote.
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9:49 p.m. - Munro Electric site plan public hearing was reconvened.~ Request for a continuance was received from Munro Electric.~ Time-to-Act was continued to July 22, 2004.~ After discussion, the hearing was continued to July 8, 2004, 8:05 p.m.
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Minutes of December 11, 2003, March 11, 2004, Executive Session March 11, 2004 and June 10, 2004 were received.~ Motion was made to accept the minutes as submitted; motion seconded; motion passed by unanimous vote.
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Correspondence dated~June 22, 2004 was received from Attorney Greg Mitrakas requesting a lot release at~28~Jennings Drive.~ Board members noted Jennings Drive is a public way and the lots are no longer under covenant.~ After discussion, motion was made to release lot No.~8, 28 Jennings Drive; motion seconded; motion passed with Andrade, Carlson and Gallagher in favor and Fountain and Canto opposed.~ Certificate of Action will be issued.
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There was no further business and the meeting adjourned at 9:55 p.m.
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Respectfully submitted,
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Carl Carlson, Clerk
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