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The Raynham Planning Board met on Thursday, January 13, 2005, at Raynham Town Hall. The meeting opened at 6:30 p.m. with Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present. Also present was Richard McCarthy, Town Planner, Maureen McKenney, Administrative Assistant, and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).
6:30 p.m. - Attorney Edmund Brennan, Taunton, MA, appeared before the Board on behalf of Harriet Perry, Judson Street, Raynham. Attorney Brennan explained Ms. Perry submitted a definitive subdivision/waiver of frontage plan to the Board and a public hearing is scheduled for January 27th. He noted filing fees totalling $16,000 were submitted with the plan. Attorney Brennan requested a reduction of the fees due to the fact that the review process for the waiver of frontage plan is similar to a Form A and, therefore, a fee reduction would be appropriate. During discussion, Board members noted the new subdivision rules and regulations include a reduced filing fee for a waiver of frontage plan. After discussion, a motion was made to lower the filing fee to $750; motion seconded; Mr. Gallagher then motioned to amend the motion to $500; motion to
amend was not seconded; the motion to lower the fees to $750 passed with vote of three in favor.
6:40 p.m. - Wayne Roche, site foreman for Intoccia Construction, appeared before the Board with a Form J for lot releases at Whippoorwill Woods. Correspondence dated January 11, 2005 was received from Attorney Robert Shelmerdine in support of the lot release request. Correspondence dated January 12, 2005 was received from JNEI. Mr. Schmid informed the Board that the related drainage work at Locust Woods is completed and functional. Mr. Roche presented a check for $27,500 to fulfill a condition of Whippoorwill Woods Certificate of Action. During discussion, it was noted Town Counsel Marc Antine had reviewed and approved of the Tri-partite agreement. After discussion, motion was made that in consideration of the Tri-partite agreement dated December 9, 2004, which was reviewed and approved by Town Counsel and signed by the lender and developer,
that lots 21, 22, 23, 25, 26, 28,29, 30, 31, 33, 34, 35, 36, 37, 71, 74 and 75 be released from the covenant for Whippoorwill Woods; motion seconded; motion passed by unanimous vote.~~
6:55 p.m. - Scott Faria, P.E., Gallagher Engineering, Foxboro, MA, appeared before the Board with a Form A plan for Carriage Hill Estates. He explained it was recently discovered Lot 25 on Princess Lane did not conform to zoning so the Form A plan was created to move lot lines as a way of rectifying the problem. After review of the plan, motion was made to accept the plan entitled "Redivision of Lots 24 & 25 King Street, Baron's Way, Princess Lane & Duke Drive in Raynham, MA," drawn by Gallagher Engineering, Foxborough, MA, dated January 6, 2005, as an Approval Not Required plan; motion seconded; motion passed by vote of three in favor and Mr. Gallagher abstained. The plan was endorsed.
Mr. Faria then presented a second Form A plan for lots on Queen's Circle.~ Mr. Faria explained that lots 7, 8, 9, 10, and 11 did not meet the frontage requirements so this Form A was created to rectify the zoning violation. After review of the plan, motion was made to approve the plan entitled "Redivision of Lots 7 - 11, Queen's Circle Raynham, MA," drawn by Gallagher Engineering, Foxborough, MA, dated January 6, 2005, as an Approval Not Required Plan; motion seconded; motion passed with three votes in favor and Mr. Gallagher abstaining. The plan was endorsed.
7:07 p.m. - Public hearing for Byron's Way subdivision was opened. Mr. Carlson read the public hearing notice. Correspondence dated January 13, 2005 was received from Daniel Smith, P.E., Hayward-Boynton & Williams, requesting a continuance of the hearing. After discussion, the hearing was continued to January 27, 2005, 7:20 p.m.
7:10 p.m. - Attorney Edmund Brennan, Taunton, MA, appeared before the Board on behalf of Raynham Depot, 770 Broadway. Attorney Brennan explained that in May 2004, the Board approved a site plan for 770 Broadway. Since that time, the property has changed ownership and the new owner wants to remove the existing chain link fence on the property and move light poles and re-stripe the parking lot. Attorney Brennan requested the Board approve these changes as a minor modification to the approved site plan. Board members reviewed the modified site plan. After discussion, Board members agreed they approved of the changes and were pleased with the new proposed curb cut. During discussion, it was agreed the loading dock would be shown on the plan. It was also agreed the parking spaces should be better located to allow for 18-wheeler trucks to
maneuver around the site.
Police Chief Peter King was present, and he noted the adjacent pizza store also received deliveries from an 18-wheeler. He asked if the new curb cut needed approval from the State. John Schmid answered the modification would probably need State approval. After further discussion, it was agreed the plan would be revised. The matter was continued to January 27, 2005, at 7:40 p.m.
7:22 p.m. - Public hearing for United Service Station, 593 Broadway, was opened. Mr. Carlson read the hearing notice. Adam Last, P.E., Corporate Environmental Advisors, was present for the applicant. Mr. Last explained the proposed plan to the Board, noting the owner of the station wants to install a groundwater remedial system because historical gasoline was detected on the property and it needs to be cleaned up. An 8 feet by 40 feet enclosure will be installed to house the remedial system.~ Water will be treated by the system and discharged into the Broadway drainage system. Mr. Last noted the necessary permits have been received.
During discussion of the plan, it was noted the enclosure will be located on the grassy area of the property and there will be no change to on-site traffic. It was noted there was no fence planned for the enclosed system. Board members discussed the noise level of the system. Mr. Last noted there would be some noise dampening from the enclosed container and noise blankets could be added if necessary. It was noted the system would run "24-7." It was also noted this site is located in a Zone II well area. During discussion, it was noted there would be no lights for the system, the container would be locked and the system would be serviced weekly. Upon request from the Board, Mr. Last agreed to incorporate the address of the site onto the site plan. After discussion, motion was made to approve the site plan entitled "Site
Layout w/Proposed Remedial System," drawn by Corporate Environmental Advisors, Inc., revised date December 6, 2004 subject to the following condition: the Board retains the right to require noise dampening in the unit if neighbors complain about noise from the system; motion was seconded; motion passed by unanimous vote.
7:39 p.m. - The minutes of December 9, 2004 were reviewed. After brief discussion, motion was made to approve the minutes of December 9, 2004 and to waive the reading; motion was seconded; motion passed three votes in favor with Mr. Fountain abstaining.
7:40 p.m. - Public hearing for Creative World Daycare site plan was opened. Mr. Carlson read the hearing notice. Review correspondence dated January 13, 2005 was received from JNEI and a letter dated January 12, 2005 was received from Highway Superintendent Roger Stolte.~ Peter Wolski, P.E., Field Engineering, was present along with applicants George Turner and Robert Turner. Mr. Wolski reviewed the site plan for the Board. He noted there will be a 6,300 square feet building with a dropoff-pickup are in the front, parking on the side of the building and a fenced-in playground area and all will be done in accordance with State codes. During discussion, it was noted the building could accomodate 100 children but they will not all be in the building at the same time, rather they will be dropped off and picked up at staggered times.
George Turner explained the facility is being operated by an Easton, MA, company and this will be their third facility. He noted the facility will probably open for business at 6 a.m.
Mr. Wolski reviewed the proposed parking plan and the proposed driving lanes.
Police Chief Peter King was present, and he asked how the site would be entered and exited. Mr. Woslki pointed out all the acces doors in the building. Mr. Wolski informed Chief King there will be 20 parking spaces to the side of the building. He noted there will be bollards, wheel stops and curbing in front of the metal structured building. Upon question from Chief King, George Turner explained that access to the playground area will be through the building only but there will be a locked gate at the back of the area. It was also noted there will be a sidewalk along the rear of the building.
Chief King stated that if the number of children at the facility was staggered, the plan would be okay but if there were too many children at one time, there would be a problem and possibly traffic problems. He noted there was no room to increase the size of the building. Mr. Turner noted the building is as large as allowed by the State Office for Children.
Chief King noted he was concerned there could be on-street parking on Forge River Parkway. John Schmid stated the paved width of the street is 35 feet, which he believes could occassionally accommodate on-street parking. Chief King questioned the number of parking spaces that would be needed if the staff increased over time. It was noted a special permit for parking reduction was being sought but there would be no testimony tonight on that request because all Board members were not present.
Waiver requests were discussed. Board members agreed they had no problem with the waiver request from Sections 5.1.2, 5.1.3, 5.4 and 5.6.2. The waiver request from Section 5.1.5 was tabled until a landscape plan is received and it was agreed that the request from Section 5.7.3 should be rewritten.
Chief King asked about the emergency evacuation route. Mr. Wolski pointed out the eight alarmed exits.
Mr. Canto expressed concern with the front of the building if a car were to veer off-course. There was discussion about construction of the front of the building. After discussion, the public hearing was continued to January 27, 2005, 8 p.m.
8:20 p.m. - Richard Smith of M.D. Cabinetry appeared before the Board to discuss a proposed minor modification to the approved M.D. Cabinetry (formerly Currie Glass) site plan at 1440 Broadway. Mr. Smith explained he wanted to relocate the business sign closer to the front of the building. After review of the proposed modified plan, a motion was made to approve the minor modification of the sign location at M.D. Cabinetry, 1440 Broadway; motion seconded; motion passed by unanimous vote.
Mr. Smith then explained to the Board that the approved site plan showed trees on the site that did not actually exist on site. After discussion, it was agreed John Schmid, Mr. McCarthy and Mr. Gallagher would do a site inspection to confirm this.
8:24 p.m. - Public hearing for Mello/250 R. North Main Street was reconvened. A request for a continuance of the hearing was received from applicants James Mello and Kathleen Mello. After discussion, the hearing was continued to January 27, 2005, at 6:50 p.m.
8:26 p.m. - Tom Armitage appeared before the Board on behalf of Ronald Turowetz, developer of Steeplechase subdivision. Mr. Armitage noted a bond reduction had previously been requested by Mr. Turowetz but there was a discrepancy in the tree count at the subdivision so Mr. Schmid conducted another site inspection. John Schmid informed the Board he recounted the trees and he and Mr. Turowetz now agreed on the figures. The Construction Cost Estimate from JNEI, dated January 11, 2005, was discussed. After discussion, motion was made to release bond money in excess of $415,699 for Phase I, II and III of Steeplechase subdivision, as set forth in the JNEI letter of January 11, 2005, subject to a formal request letter being received from Mr. Turowetz; motion seconded; motion passed by unanimous vote.
8:30 p.m. - Public hearing for Carriage Hill subdivision was reconvened. Tony Esposito, P.E, Outback Engineering, was present for the applicant. He reviewed the revised plan for the Board, noting the cemetery was now shown on the plan. He noted a right-of-way allows access to the cemetry. Mr. Gallagher informed the Board he spoke to Mr. Ellis of the cemetery department and he is aware of this cemetery.
Mr. Esposito explained the lots with drainage easements had been reconfigured and they now meet Board of Health regulations. He also stated French drains were added to the plan and the shrub detail plan was revised. He then requested the Board close the public hearing and vote on the plan.
Mr. Gallagher noted that Mr. Rose of 784 King Street expressed concern with headlights exiting the subdivision shining into his house. Mr. Rose was present, and he submitted photographs of his house. Mr. Rose stated that his first preference for screening on his property is a fence because the soil is not good for plantings. Mr. Esposito suggested the possibility of windowshades being provided for Mr. Rose's house to block the lights. Mr. Rose said no to the shades. During discussion, it was noted applicant Russell Grabau was not present but that screening for Mr. Rose's property could be a condition of approval. Mr. Rose also expressed concern with dust becoming a problem during construction. Mr. Schmid suggested Mr. Rose call the Planning Board or the Highway Department if dust became a problem.
Correspondence dated January 5, 2005, from Alan Perry, Raynham Health Agent, to Mr. Esposito, regarding waiver requests for drainage structures was received. JNEI review correspondence, dated January 11, 2005, was discussed. The waiver requests from subdivision regulations were discussed. After discussion, motion was made to waive Section 5.3.12 and Section 5.17; motion was seconded; motion passed by unanimous vote. The public hearing was closed at 9:12 p.m. The proposed Certificate of Action with conditions was read into the record. A motion was made to approve the plan entitled "Carriage Hill Estates, A Proposed Definitive Subdivision in Raynham, Massachusetts," dated July 27, 2004, last revised December 30, 2004 subject to the conditions as read from the Certificate of Action; motion was seconded. A motion was then made to amend
the Certificate of Action to add a condition to request $7500 for snowplowing funds for Locust Woods subdivision before endorsement of Carriage Hill plan; motion seconded; motion passed by unanimous vote. A motion was then made to approve the plan with the conditions as amended; motion seconded; motion passed by unanimous vote.
General Business: Letter dated November 19, 2004 was received from South Coast Development, requesting release of the surety funds being held for the Exxon-Mobil site plan,1266 Broadway. The matter was tabled to the next meeting to allow Mr. Canto time to do a light check at the site.
Letter was received from Edward Gill, Pine Street, regarding the possibility of creating a residential/industrial/business zoned area for homes with a business. After discussion, Board members agreed to schedule a special meeting to further discuss this and other zoning issues.
There was no further business and the meeting adjourned at 9:32 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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