The Raynham Planning Board held a meeting on Thursday, October 14, 2004, at Raynham Town Hall.~ The meeting opened at 6:30 p.m. with Board members Dan Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney, and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).
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6:31 p.m. - James Ross, Raynham, appeared before the Board as a representative of the Wild & Scenic Study Committee.~ Mr. Ross explained the origin and purpose of the Committee, noting their goal is to have the Taunton River designated by the U.S. Congress as a wild and scenic river.~ Mr. Ross noted Burke Fountain is also a member of the Committee and has devoted many hours working with them.~ Mr. Ross then explained to the Board there is an article on the fall town meeting warrant asking the Town of Raynham to designate the Taunton River as Wild & Scenic as a first step to reaching the ultimate goal of Congressional designation.~
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During discussion, it was noted the proposed wild and scenic designation will not be a burden to property owners near the Taunton River and only federal projects will require additional permitting.~ Otherwise, existing wetlands rules and regulations will apply to projects as usual.~ It was also noted that Raynham is among the first of the participating towns in Rhode Island and Massachusetts to vote on the designation.
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Mr. Fountain noted Mr. Ross put in many, many hours of work on this project.~ Board members thanked Mr. Ross for his efforts.~ After discussion, a motion was made that the Planning Board support the Wild and Scenic study; motion seconded; motion passed by unanimous vote.~ Mr. McCarthy will draft a letter of support.
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7:00 p.m. - Carriage Hill subdivision public hearing was opened.~ Mr. Carlson read the hearing notice.~ Tony Esposito, P.E., Outback Engineering, Lakeville, MA, and Rick Gibbs representing developer Russell Grabau, Pembroke, MA, were present with the proposed plan.~ Mr. Esposito explained that Carriage Hill subdivision was approved by the Planning Board many years ago but has since lost its zoning protection so it has been reconfigured.~ Mr. Esposito noted the plan now proposes 26 lots, four roadways and two entrances off King Street and has water and sewer available.~ He also noted it is possible that additional lots will be added at a later time.~ After discussion, the Board agreed if additional lots are possible, they should be presented with the present plan for approval. Mr. Esposito stated the plan has been over designed to
include potential additional lots.
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During review of the plan, the right-of-way from King Street was discussed.~ Mr. Esposito stated he felt the right-of-way shown on the plan could be used towards calculating lot area.~ During discussion, Mr. Gallagher noted that the proposed drainage easement cannot be used towards the upland requirement of a lot.~
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JNEI review correspondence dated October 14, 2004 was discussed.~ Mr. Schmid informed the Board that the proposed plan might exceed the dead-end street limit if additional lots are added.~ There was discussion of whether or not a looped roadway is considered a dead-end street. During discussion, Mr. Schmid noted many proposed lots have excessive driveway slopes and he requested additional grading and sloping information be presented on the plan so the extent of disturbance and grading can be determined.~ After discussion, Mr. Esposito agreed to provide the grading and limit of disturbance for each lot on the plan.
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There was discussion about where the proposed roadway is located in relation to a new roadway being constructed across the street.~ Mr. Gibbs said he thought the road across the street was approximately one-eighth of a mile away.~ Mr. Esposito agreed to show the location of that other roadway on his plan.
The Board informed Mr. Esposito that a letter was received from William and Linda Rose whose home is located across the street from the proposed roadway. The Roses expressed concern with possible safety risks from vehicles exiting the subdivision and they were also concerned that vehicle headlights from the subdivision would be shining into their home.~
There was discussion about the location of utility poles.~ Mr. Esposito agreed to provide pole locations on the plan and he noted there was no plan to relocate the existing utility poles. Mr. Esposito informed the Board the wetland line was reflagged and the plan is now before the Conservation Commission.~
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Charlene Badejo, 14 Rock Street, Middleboro, spoke to the Board regarding the right-of-way from King Street.~ She stated she is the owner of Lot 239A on the plan and she feels she is being landlocked by the subdivision plan.~ She presented a copy of a plan that indicated the right-of-way reaches to her property.~ After discussion, Mr. Esposito agreed to research the matter.
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The public hearing was continued to November 15, 2004, 7 p.m.~ Mr. Schmid requested the revised plan be sent to him by October 29, 2004 for review.~ Mr. Gallagher requested the Rose property located across the street from the entrance be shown on the plan, and he noted planting mitigation might be needed to prevent headlights glaring into that property.~
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7:50 p.m. - Gatsby Gardens public hearing was reconvened.~ A request for a continuance of the hearing was received.~ After discussion, the public hearing for Gatsby Gardens was continued to October 28, 2004, 8 p.m.~
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7:55 p.m. General Business:~ Minutes of September 9, 2004 were received.~ Motion was made and seconded to accept the minutes as written; motion passed by unanimous vote.~ Minutes of September 23, 2004 were received.~ Motion was made and seconded to accept the minutes as written; motion passed by unanimous vote.
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A copy of a layout plan for the road widening at Orchard Street and Rte. 44 was received from Town Administrator Randall Buckner along with a request that the Board approve the plan.~ During discussion of the plan, Board members agreed the existing granite curbing on the easterly side of Orchard Street should have been extended ad additional 100 feet.~ There was discussion regarding whose responsibility it was to complete the curbing.~ Mr. McCarthy noted that a public hearing was being held later in the evening for a proposed modification to Lowe's site plan.~ He suggested the Board discuss the curbing matter with the Lowe's representatives at the hearing.~ Board members were agreeable and the matter was tabled until the Lowe's public hearing.
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General Business:~ A letter dated September 29, 2004 was received from Highway Superintendent Roger Stolte.~ Mr. Stolte requested the Board's authorization to use the remaining funds in the Prattville Estates road maintenance and snowplowing account to offset costs of completing the subdivision.~ After discussion, a motion was made to authorize Mr. Stolte to take the remaining road maintenance and snowplowing funds to offset the cost of setting monuments, producing as-builts, for recording plans; motion seconded; motion passed by unanimous vote.
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8:02 p.m.~ Public hearing for Lowe's site plan modification was convened.~ Mr. Carlson read the hearing notice.~ Paul Cincotta, Packard Development, and Steve Pavolich of Rizzo Associates were present for the hearing.~ Mr. Cincotta noted the retail building referenced on the site will be 12,000 square feet not 18,000 as stated in the hearing notice.~ He explained the proposed modification to the Board, noting the new building will be an Applebee's restaurant rather than the retail plaza that was originally approved and the proposed restaurant will fall within the original building footprint.~ He explained the building will be brick and there will be an enclosed dumpster at the rear of the building.~ Mr. Cincotta noted 121 parking spaces will be provided and no traffic issues should arise from the proposed change to the restaurant.
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Mr. Andrade asked if any one present wished to speak.~ Kevin Broccato, 39 Judson Street, asked if there will be lights on the back of the building.~ Mr. Cincotta stated there will be gooseneck lights on the building's canopy but they will not shine up or out.~ He noted the new building will be 10 feet lower than the originally approved building.~ Mr. Cincotta stated there will be no change to the parking lot lights.~
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Board members discussed the site landscaping with Mr. Pavolich and Mr. Cincotta.~
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Aurora McCarty, Judson Street, asked when construction of the restaurant would start.~ Mr. Cincotta said it should be between mid-March to April of 2005.
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Jim Burns, 24 White Street, asked about deliveries and trash pickups to the building.~ Board members noted the original conditions of approval still apply to the proposed restaurant.
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Derek Costa, 185 Judson Street, informed the Board that site work at Lowe's has started before 7 a.m. on numerous occasions and the berm and trees that are supposed to extend to the back of his property are not in place yet.~ After discussion, the Board instructed Mr. Schmid to conduct a site visit to address these issues.~ The Board noted any discrepancies in the plan will be taken care of before Lowe's is allowed to open.~ The Board also instructed Mr. Cincotta to meet with Mr. Costa to resolve outstanding issues.~ Mr. Cincotta agreed and noted he will talk to the project manager.
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Ms. McCarty informed the Board she has talked with Howard Mintz of Packard Development and he assured her he would work with the residents to lessen the impact of the site even after the project is completed.
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Mr. Andrade then informed Mr. Cincotta that the Board has been requested to approve the layout plan for the Orchard Street/Route 44 street widening.~ Mr. Andrade explained that earlier the Board discussed the fact that the new granite curbing on Orchard Street stops short of where the Board felt it should end and the Board would like Lowe's to extend the curbing.~
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Mr. Cincotta said he understood the situation.~ He noted the driveway to the water district building had been relocated at the Town's request and $10,000 was provided by Lowe's towards the relocation.~ After discussion, Mr. Cincotta agreed to have the curbing extended. Mr. McCarthy will follow up with Roger Stolte on the matter.~
After discussion, motion was made to approve the special permit request and the minor modification to the Lowe's site plan entitled “Proposed Retail Development, Route 44, Raynham, MA,” with the conditions as discussed and also with the condition that at the northerly radii of the northeast intersection of Cape Highway and Orchard, approximately 150 feet of granite curbing shall be installed to match the existing curbing on the westerly side of the intersection; motion seconded; motion passed by unanimous vote.
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A motion was then made pursuant to the October 12, 2004 Town Administrator's letter regarding Orchard Street layout plan that the Board recommend to the Selectmen the acceptance of the layout plan entitled ”Town of Raynham Plan of Widening and Relocation of A Portion of Orchard Street”; motion seconded; motion passed by unanimous vote.
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8:45 p.m. Carver Woods/Village at Foxwoods public hearing was reconvened.~~Applicant Brian Mulligan was present.~ He informed the Board the plan was revised to comply with JNEI's concerns.~ Mr. Mulligan explained to the Board that he will be doing drainage work on Carver Street for the Town and both John Schmid and Roger Stolte supported the drainage work to be done.
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John Schmid discussed the five waiver requests for the plan.~ He informed the Board an overflow pipe will be constructed by Mr. Mulligan for drainage. After discussion of the waiver requests, motion was made to approve the waivers as listed on the cover sheet of the plan; motion seconded; motion passed by unanimous vote.
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Mr. Andrade then read into the record proposed conditions of approval.~ Conditions were discussed briefly.~ During discussion, it was noted no approval of the subdivision plan was received from the Board of Health and it was noted that no disapproval of a plan from the Board of Health within 45 days was deemed an approval of a plan.~ Mr. Canto stated he felt the Board should be receiving letters from the Board of Health whether they approved or disapproved of a subdivision plan.~ During discussion, it was noted the easements will be prepared for the Board before the plan is endorsed.~ After discussion, motion was made to approve the plan entitled "The Village at Foxwoods,” drawn by Arthur F. Borden & Associates, Inc., dated April 1, 2004, last revised September 27, 2004, subject to the conditions as read; motion was seconded;
motion passed by unanimous vote.
General Business:~ Memorandum dated October 13, 2004 was received from JNEI regarding 275 New State Highway.~ During discussion, it was noted the project review account for 275 New State Highway is minus $135.~ After discussion, motion was made to request an additional $1,000 for the review account; motion seconded; motion passed by unanimous vote.
Greyhound Liquors site plan was received for endorsement.~ Memorandum dated September 27, 2004 re. Greyhound Liquors was received from JNEI.~ During discussion, it was noted there are no outstanding issues.~ The site plan was then endorsed.~
The Board received a copy of a letter dated~September 22, 2004 from the owners of Finch Farm condominiums, Leonard Street, to developer Michael Thiel regarding the homeowners’ concerns with exterior scalloping on their buildings.~ After discussion, Board members agreed this was not an issue for the Planning Board.~ No action was taken.
Town Planner update:~ Mr. McCarthy informed the Board the revised subdivision rules and regulations are ready for the Board to review before a public hearing is scheduled for their acceptance.~ Board members agreed to review the revised regulations at their November 15, 2004 meeting.~
There was no further business and the meeting adjourned at 9:17 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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