Town of Raynham, MA - Planning Board Minutes May 13, 2004

The Raynham Planning Board held a meeting on May 13, 2004, at Raynham Town Hall.~ Present were Daniel Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher.~ Also present were Town Planner Richard McCarthy and John Schmid of Judith Nitsch Engineering, Inc. (JNEI)

6:30 p.m. - William Cote,~417 Broadway, presented a Form A plan for land on Broadway owned by Dorothea C. & Alice V. Cote.~ After review of the plan, motion was made to the plan entitled "Plan of Land In Raynham, Massachusetts Owned By Dorothea C. and Alice V. Cote," drawn by Hayward-Boynton & Williams, Taunton, MA, dated April 14, 2004, as a Form A Plan not requiring approval under subdivision control law; motion seconded; motion passed by unanimous vote.~ The plan was endorsed.

6:45 p.m. - Mike Thiel appeared before the Board to discuss site plan issues at Lots 1, 2 and 3, Finch Farm Condominiums, Leonard Street.~ Correspondence dated April 27, 2004 was received from Mr. Thiel regarding complaints received about the sidewalks installed on Lot 1 and about location of the tree buffer on Lot 5.~ Mr. Thiel explained that he had proceeded with installing the sidewalks after a site visit done by John Schmid and Richard McCarthy. He noted he did not intend to deceive the Board regarding the sidewalks but after the site visit he believed he had permission to proceed with the installation as it was done. During discussion of the matter, Board members agreed they previously authorized a change only in the curbing material and not with the height of the sidewalks.

Board members and Mr. Thiel also discussed the tree buffer that was placed on the adjacent property at 255 Leonard Street rather than on Lot 5 of the condominium site. Mr. McCarthy explained that he and John Schmid did a site visit and talked to the property owner at 255 Leonard Street and she verbally agreed to having the tree buffer located on her lot because it served a better purpose there. She agreed to forward a letter stating her approval to the Board. However, she moved from the property and never sent the letter. After discussion, Board members agreed they approved of the current location of the buffer on the adjacent lot. The Board did inform Mr. Thiel that any deviations from the approved plan should be brought before the Board.

After discussion, motion was made to send a letter to Mike Thiel stating the Board’s acceptance of the trees originally to be located on Lot 5 to now be located on the north side of the neighboring property at 255 Leonard Street; motion seconded; motion passed by unanimous vote. After further discussion, motion was made to approve a building permit for Lot 5 after receiving from Mr. Thiel or his contractor a letter indicating when the sidewalks will be paved and completed and who will be doing the work; motion seconded; motion passed three votes in favor, John Canto opposed and Carl Carl abstaining.

Board members and Mr. Thiel discussed the release of a portion of surety funds being held for completion of the condominium site plan. After discussion, it was agreed that no funds will be released at this time but will be considered with the sidewalk paving is completed.

7:00 p.m.~- Public hearing opened for proposed amendment to Raynham Zoning By-laws by adding Article 18, Adult Retirement Community (ARC) by-law and proposed amendments to Section 4.2, Permitted Uses: Business District and Section 4.3, Permitted Uses: Industrial District, was opened.~ The proposed articles were submitted by Citizens’ Petition.~ During discussion of ARC By-law, it was noted that residential districts were excluded from the proposed by-laws but otherwise the proposed ARC by-law was the same as the previous ARC by-law.

Wayne Arms, Pine Street, spoke against the proposed by-law.~ After discussion, motion was made to approve the proposed ARC by-law and amendments to Sections 4.2 and 4.3 as submitted; motion seconded; motion was passed by vote of Mr. Andrade, Mr. Fountain, Mr. Carlson in favor; Mr. Canto against; Mr. Gallagher, abstaining.

7:10 p.m.~- Public hearing was opened for proposed amendment to rezone Parcels 27 & 28 on Robinson Street, from Residential A to Residential B.~ No one appeared at the public hearing to present information or answer questions regarding the proposed amendment.~ After discussion of the proposal, motion was made not to recommend approval of the proposed rezoning amendment to Town Meeting; motion seconded; motion passed by unanimous vote.

Public hearing was opened for proposed amendment to rezone land at the intersection of Orchard Street and Rte. 44, Assessors’ Map 15, Parcels 151 and 152, from Residential A to Business District. Attorney David Gay, Taunton, MA, appeared before the Board representing petitioner Lawrence Gagnon. Attorney Gay explained reasons for the request. No one present spoke in opposition to the amendment. After discussion, motion was made to recommend approval of the proposed rezoning amendment to Town Meeting; motion seconded; motion passed by unanimous vote.

Public hearing was opened for proposed amendment to zoning by-laws Section 4.3a, Permitted Uses: Industrial District. The proposed amendment was submitted by Citizens’ Petition. Wayne Arms, 425 Pine Street, spoke in favor of the amendment. Mike Mazzolini, 155 Pine Street, spoke in favor of the proposal. After discussion of the proposal, motion was made to recommend approval of the proposed amendment to Town Meeting; motion seconded; motion failed to pass by vote of four against, Mr. Gallagher in favor.

7:20 p.m. – Public hearing was opened for Special Permit-Subdivision Phasing for Hathaway Village/Kings Estates reconvened and public hearing for modified definitive subdivision plan Hathaway Village/Kings Estates. Mr. Carlson read the hearing notice. Scott Faria, Gallagher Engineering, Foxboro, MA, presented the Hathaway Village/Kings Estates modified plan for approval.~ Chris Gallagher recused himself from the Board for this matter.~ Mr. Faria reviewed the plan, noting that the original plan lost its zoning protection and the previous 55 lots were reconfigured to 46 lots.~ Mr. Faria noted the plan proposes 24 feet wide roadway pavement, sloped granite and one sidewalk for the subdivision.~ He noted the drainage has not changed, basins were in the same location although the elevations had changed, and Earl's Court has been eliminated.~ It was noted that JNEI has not reviewed the plan.~ After discussion of issues, Mr. Faria agreed to submit a letter to the Board describing the proposed modifications.~

Conditions of acceptance and build-out schedule were discussed. After discussion, motion was made to approve the Special Permit for subdivision phasing for 12 lots built from May 13, 2004 to May 13, 2005; 11 lots from May 14, 2005 to May 14, 2006; 11 lots May 15, 2006 to May 15, 2007; 12 lots available on May 16, 2007, with the conditions as read from the proposed Certificate of Action; motion seconded; motion passed four in favor and Mr. Gallagher abstained.~ After further discussion, motion was made to approve the modified subdivision plan titled “Kings Estates/Hathaway Village,” dated April 2,2004, by Gallagher Engineering, Foxboro, MA, subject to the conditions of approval as read from the proposed Certificate of Action; motion seconded; motion passed four in favor and Mr. Gallagher abstained.~

Aspen Hollow subdivision public hearing reconvened.~ Tom Pozerski, Hayward-Boynton & Williams, presented the revised plan.~ John Schmid informed the Board all issues had been addressed.~ Frank Leary, 369 No. Main Street, and Richard McCarthy, 1 Arnold Drive, addressed the Board with questions about the plan.~ During discussion, it was noted the open space will be deeded to the Town upon road acceptance.~ James Sares, 160 Sherwood Lane, and G. Smallhoover,~North Main Street addressed the Board with questions about the plan.~ Tim Ellis, owner of the property, addressed the Board in support of the plan. Also addressing the Board about the plan were Barbara Scott, North Main Street, and C. Carnes, North Main Street.

Underground utilities, community mailbox and location of utility pole were discussed.~ The public hearing closed at 9:14 p.m. After discussion, motion was made to approve the special permit for open space subdivision Aspen Hollow; motion seconded; motion passed by unanimous vote.~ Waivers as listed on the plan were discussed. After discussion, motion was made to approve the requested waivers from Sections 3.3.2; 8.7.1; 7.3.2B; and 8.7.1 as listed on the plan; motion seconded; motion passed by unanimous vote.

After discussion, motion was made to approve the plan entitled ”Aspen Hollow Estates,” dated February 27, 2004, last revised April 6, 2004, plan drawn by Hayward-Boynton & Williams, Inc., Taunton, MA, with the conditions as discussed and as read on the proposed Certificate of Action; motion seconded; motion passed by unanimous vote.

Hess Service Station site plan public hearing reconvened.~ Mr. Fountain recused himself from the Board for this hearing. Peter Howe of Fay, Spofford & Thorndike presented the revised plan and explained the changes to the Board. He discussed location of air pump, islands, plantings and buffer, drainage, lighting, access and egress.

Jodie Mello, Broadway, spoke about concerns with utility poles on the site. Dennis Cunningham, Elm St. East, spoke about traffic concerns. Craig Mello, Broadway, spoke of concerns with fencing. During discussion, it was noted that old utility poles will be removed and that site lighting will be the lowest of existing Hess stations.

After discussion, motion was made to approve requested waivers from Sections 4.15, 5.1.2, 5.2.5, 5.3, 5.4, 5.7.1, 5.7.2, and 5.7.6; motion seconded; motion passed with four votes in favor (Mr. Fountain was recused).

After discussion, motion was made to approve the plan entitled “Hess Station #MA 011, Amerada Hess Corporation, 1315 Broadway, Raynham, Massachusetts,” dated September 18, 2003, last revised May 13, 2004, with conditions as discussed during the hearing; motion seconded; motion approve three in favor, Mr. Canto opposed, Mr. Fountain recused.

Mr. Gallagher took a 5-minute recess. Board members discussed reorganization of the Board.~ After discussion, motion was made to nominate Mr. Andrade as Chairman, Mr. Fountain as Vice-Chairman, Mr. Carlson as Clerk, and John Canto as SRPEDD representative; motion seconded; motion passed by for votes in favor, Mr. Gallagher not present.

Mr. Gallagher returned to the meeting. Glenn Hammond appeared before the Board to discuss a possible two-lot subdivision plan on Pleasant Street. After discussion, Board members they may not be agreeable to granting waivers for a two-lot subdivision at this site but if a frontage variance was received from the Board of Appeals, they might reconsider the plan. Mr. Hammond will discuss the matter further with Mr. McCarthy.

Al Endrunias, Easton, MA, appeared before the Board to discuss acceptance of streets within King Philip Estates I and II, King Philip Street and Britton Street, as Town roadways. Correspondence on the matter was received from Town Administrator Randall Buckner, dated May 10, 2004; Highway Supt. Roger Stolte, dated May 13,2004; Town Planner Richard McCarthy, dated May 13, 2004; JNEI, dated May 13, 2004. Board members discussed issues described in the JNEI correspondence. After discussion, motion was made to recommend acceptance of all streets in King Philip Estates I and King Philip Estates II but to hold $11,700 in the road construction surety account until all items described in the JNEI letter of May 13, 2004 are completed; motion seconded; motion passed with five votes in favor.

Tom Armitage, Project Manager at Steeplechase subdivision and Finch Farms subdivision appeared before the Board regarding trees to be planted at Finch Farm. He explained that trees cannot be planted within the 18-inch space between the berm and sidewalks as required by the approved subdivision plan. He requested that he be allowed to plant the trees along the property lines of the lots instead. He also requested that he be allowed to plant a lesser number of trees with larger diameters, which would make the value of the trees comparable to the original plan. After discussion, Board members agreed to allow the trees to be planted along the property lines rather than in the grass strips but the same number of trees with the same diameters as originally approved on the plan must be planted.

Letter dated May 6, 2004 was received from John Noblin, King Philip Realty Trust, requesting the Board waive the project submittal fee for the Noblin/Campbell Commerce Way site plan, which was approved by the Board on March 11, 2004.~ After discussion, motion was made to waive the fees; motion seconded; motion failed to carry with four votes opposed and one abstention (Mr. Fountain).