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The Raynham Planning Board held a meeting on Thursday, January 27, 2005, at Raynham Town Hall.~ The meeting opened at 6:45 p.m. with Board members Daniel 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).~
6:45 p.m. - General Business:~ Letter dated January 27, 2005, was received from South Coast Development, LLC, requesting release of $6,000 in surety funds being held for completion of ExxonMobile service station, 1266 Broadway.~ Mr. Canto informed the Board he conducted the light check and determined the pole light at the first entrance heading south on the easterly side of Broadway exceeded the foot candles approved on the lighting plan.~ After discussion, Board members agreed the light should be shielded.~ A motion was then made to release the surety funds being held for completion of the ExxonMobile site plan pending the light being shielded as discussed; motion was seconded; motion passed by unanimous vote.~
The minutes of January 13, 2005 were received.~ Motion was made to approve the minutes and to waive the reading; motion was seconded; motion passed with four in favor and Mr. Andrade abstaining.
Letter dated January 25, 2005, was received from Quequechan Builders, Inc., requesting placement on the Planning Board agenda to discuss surety bond for Pamela Way/Forge Knoll subdivision.~ The matter was scheduled for 6:35 p.m., February 10, 2005.
Letter dated January 25, 2005, was received from Outback Engineering, requesting placement on the Planning Board agenda to discuss a minor modification to Gatsby Gardens site plan.~ The matter was scheduled for February 10, 2005, 6:40 p.m.
6:50 p.m. - Public hearing for Mello/225R. North Main Street was reconvened.~ Mr. Andrade and Mr. Gallagher recused themselves and left the meeting room.~ George Collins, P.E., Oldstone Engineering, Inc., Lakeville, MA, distributed a copy of the subdivision/waiver of frontage plan, dated October 8, 2003.~ Mr. Fountain stated that he had spoken with Attorney William Pontes, representing applicants James Mello and Kathleen Mello and with Attorney Mark Gladstone, representing Daniel Caldwell and Kerry Galligan, owners of Lot 1.~ Mr. Fountain said he was informed the lawsuit was over, the injunction was released and the Board was free to proceed with the hearing.
Mr. Collins noted the issues that were of concern to the Highway Department were addressed. He reviewed the plan for the Board, noting that Lot~2, has 94.5 feet of frontage and was granted a variance from the Board of Appeals.~ Board members and Mr. Collins discussed the drainage easement and the right-of-way as shown on the plan.~ During discussion, Mr. McCarthy noted the Town took the drainage easement over in 2001.~ James Mello briefly explained to the Board the history of the property and the right-of-way associated with it.~ He explained he had maintained the right-of-way for many years and that just a few years ago, the Town installed pipes in the drainage easement.~
There was discussion about the location of the geometric building square on the plan.~ It was noted the square can be shown in the easement area but the proposed house cannot be located within the easement. Dan Caldwell, 225 North Main Street, asked if a buffer of trees was being placed along the property line.~ Mr. Mello said that was not part of the proposed plan.~ Mr. Fountain explained a buffer is not required between houses in a residential district.~
There were no further comments or questions.~ The public hearing was closed at 7:12 p.m.~ After a discussion of conditions of approval for the plan, motion was made to approve the requested waivers from Section 5, in its entirety except as shown on the plan, and Sections 6, 7, 8, 9, 10 in entirety; motion was seconded.~ There was a discussion about the type of utilities to be installed, and Mr. Carlson said he preferred they be underground.~ Mr. Goslin, prospective buyer of Lot~2, stated he would install underground utilities.~ Board members then voted unanimously to grant the requested waivers.~ A motion was made to add underground utilities to the list of conditions of acceptance; motion was seconded; motion passed by unanimous vote.~ A motion was then made to approve the plan entitled “Waiver of Frontage Plan No. 225 R. No. Main
Street, Bristol County, Massachusetts," dated August 14, 2003, revised October 8, 2003, drawn by Oldstone Engineering, Inc.; motion was seconded; motion passed by unanimous vote.~
Mr. Andrade and Mr. Gallagher returned to the Board.~~
7:20 p.m. - The public hearing to amend the Planning Board's subdivision rules and regulations was opened.~ Mr. Carlson read the hearing notice.~ Mr. Andrade asked if anyone present had any questions or comments.~ Mr. McCarthy noted the fire chief asked that his name be added to the list of people to contact for street name approval.~ Motion was made to add the fire chief to the street approval list; motion was seconded; motion passed by unanimous vote.~
Mr. Gallagher had several amendments, which he said were only grammatical.~ After discussion, motion was made to accept the changes suggested by Mr. Gallagher; motion was seconded; motion passed by unanimous vote.~ Motion was then made to accept the Rules and Regulations Governing the Subdivision of Land in Raynham, MA, as amended; motion was seconded; motion passed by unanimous vote.
7:25 p.m. - Public hearing for a subdivision/waiver of frontage plan for Harriet Perry on Judson Street was opened.~ Mr. Carlson read the hearing notice.~ A letter dated January 19, 2005 from Highway Superintendent Roger Stolte was read for the record.~ Attorney Edmund Brennan, Taunton, MA, appeared before the Board as Ms. Perry's representative.~ Attorney Brennan explained that a frontage variance was granted for Ms. Perry's land on Judson Street.~ He noted there was no road for the subdivision but he would agree to adopt Mr. Stolte's recommendations for the lot.~ Attorney Brennan explained the plan, noting the Board of Appeals had conditioned location of the house and driveway on the lot.~ After further discussion of Mr. Stolte's recommendations, Board members agreed they were more applicable to obtaining a building permit so there was no
need for further Board action on that issue.
During review of the plan, it was noted the title block should be revised to better identify the plan, a signature block for the Town Clerk needs to be added and the waiver requests also need to be added.~ After discussion, Board members agreed they preferred underground utilities for this site. There were no further comments or questions and the public hearing closed at 7:38 p.m.~ Mr. Carlson noted he lives nearby but he is not within 300 feet and he has no interest in the plan so he will vote.~
Waiver requests were read.~ Motion was made to accept the waivers as read; motion was seconded; motion passed by unanimous vote.~ A motion was made to accept the plan entitled "Plan of Land," prepared for Harriet Perry, 943 Judson Street, dated December 20, 2004, as a waiver-of-frontage plan with the following conditions: before endorsement a title block identifying the plan as a waiver-of-frontage plan shall be added, a signature block for the Town Clerk shall be added, and the waivers shall be added to the plan; motion was seconded.~ Motion was then made to amend the motion to require the Highway Superintendent's January 19, 2005 letter as read earlier be added as a condition of approval; motion was seconded; motion passed by unanimous vote.~ Amended motion to approve the plan with conditions was made and seconded; amended motion
passed by unanimous vote.
7:47 p.m. - Public hearing for Byron's Way (off Robinson Street) subdivision plan was reconvened.~ Review letter dated January 27, 2005 was received from JNEI.~ Dan Smith, Hayward-Boynton & Williams, appeared before the Board on behalf of the applicant.~ Mr. Smith reviewed the plan for the Board.~ He stated there is 3.5 acres of land and two additional lots are being created in addition to the applicants existing house lot.~ He noted the proposed roadway is in compliance with the regulations.
After discussion of whether or not the plan was excessive for two additional lots and whether there were alternative ways to create an additional lot, Board members agreed to proceed with review of the plan as presented.~ Mr. Fountain requested a copy of the Pimental deed for his review.~ Mr. Smith agreed to provide the deed.
Mr. Smith discussed the proposed drainage plan.~ A letter from the Highway Superintendent, dated January 12, 2005, was read.~ During discussion of the drainage, Mr. Schimd stated he was not yet entirely comfortable with the drainage plan.~ He discussed the proposed basin design, noting that perc tests were not done.~ Mr. Smith noted the basin testing was done.~ Mr. Schmid requested that the testing be redone, and Mr. Smith noted that would be expensive.~ Mr. Schmid suggested a private way with less roadway be considered as an alternative to the plan.
Applicants Araxy Byron and Raymond Byron were present.~ They told the Board they hoped to build a new house for themselves and their grandson, the existing house will then be occupied by their two sons, one of whom is disabled, and the third lot will be sold to cover the cost of this project.~ They stated they felt an unpaved right-of-way rather than a paved roadway would hurt the value of the property.~ They also noted it was not an option for them to create just one lot, as earlier suggested, and they wanted two additional lots with either a town road or a private road. After further discussion, it was agreed that Mr. Schmid, Mr. McCarthy and Mr. Stolte will conduct a site visit when the weather permits.~ It was noted a Board of Health waiver will be needed for the proposed plan.~ The public hearing for Byron’s Way was then
continued to February 24, 2005, 7 p.m.
8:20 p.m. - Attorney Edmund Brennan, Taunton, MA, appeared before the Board with a proposed modification to the approved 770 Broadway site plan.~ He explained the property has a new owner and the existing fence on the site has been removed and the parking lot has been restriped to add spaces.~
Board members reviewed the proposed modified plan.~ During discussion, it was noted the loading dock in the front of the building was removed.~ Attorney Brennan noted four light poles will be added to the site.~ He distributed copies of the leasing agreement for the building units, which indicated that deliveries to the building will be made before 8:30 a.m. Also submitted was a letter dated January 25, 2005 from the owner of Ace Hardware stating his store deliveries were made before 8 a.m.
Mr. Canto stated he felt there should be a parking space reduction in order to accommodate the large trucks making deliveries on site. Attorney Brennan stated the owner is trying to work within the perimeter of the site as it exists and that the situation should work to the satisfaction of the tenants.~ It was noted there will be no change to the footprint of the building except that a canopied walkway will be added along the front of the building.~
Mr. Schmid stated he thought 20 to 30 parking spaces were being added at the front of the site because of the restriping.~~Board members then discussed the additional light poles.~ It was noted they will be 21 to 24 feet high.~ After the discussion concluded, a motion was made to accept the minor modification as presented for the parking layout for the existing building and adding four light poles, which shall not exceed 8 foot candles and not exceed 24 feet in height; motion was seconded.~ Mr. Fountain suggested the light poles not exceed 20 feet in height from the ground with Board retaining the right to require light shields if determined to be necessary.~ Attorney Brennan agreed to the suggestion.~ The motion was amended to require the light pole with fixture not exceed 20 feet, including the base; motion was seconded; the motion passed
four votes in favor with Mr. Canto voting no.~
8:42 p.m. - The public hearing for Creative Daycare site plan was reconvened.~ Peter Wolski of Field Engineering and applicant George Turner were present.~ Mr. Wolski submitted a copy of the revised plan.~ Review correspondence dated January 27, 2005 was received from JNEI.~ Mr. Wolski reviewed the revised plan, noting that two bollards were added to the front of the building for protection.~ He noted he met with the Conservation Commission and the plan has received their approval.~ Correspondence dated January 20, 2005 was received from Conservation Commission stating the wetland delineation for the site was approved.
Mr. Fountain noted Police Chief King, who spoke on this plan at the first public hearing, was not present tonight.~ During discussion, it was noted the waivers were discussed at the last meeting but no vote was taken.~ A motion was then made to accept the waivers as listed on the cover sheet of the plan last revised on January 27, 2005 and as detailed in the JNEI letter of January 27, 2005; motion was seconded; motion passed four votes in favor with Mr. Andrade abstaining.
Mr. Andrade noted there was an error in the minutes and he motioned to amend the minutes of January 13, 2005 to read "a 6,300 square feet building," not 63,000 square feet as printed in the minutes for the previous Creative Daycare public hearing; motion seconded and passed on unanimous vote.
The Board discussed conditions of approval for the plan.~ A motion was then made to approve the special permit request for a reduction in parking spaces from 37 to 20 spaces; motion was seconded; Mr. Fountain noted he generally was not happy with parking reduction but he would vote in favor.~ The motion passed with a unanimous vote.
A motion was made to approve the plan entitled "Proposed Daycare Facility, Two T's Realty Trust,” Raynham, Massachusetts, dated November 24, 2004, last revised January 27, 2005, with the conditions as read from the Certificate of Action; the motion passed with a vote of four in favor and Mr. Andrade abstaining.
9:12 p.m. - Robert Trainer, 132 South Street West, appeared before the Board to discuss a proposed zoning change.~ Mr. Trainer explained he would like to rezone his area on South Street West from business to residential so he can convert his property from a residence with a business use to a multi-family apartment building.~ During discussion of Mr. Trainer's proposal, Board members noted that apartments are not allowed in a Residential A district and that any zoning change would have to be approved by Town Meeting.~ They explained the zoning change process to Mr. Trainer.~ During discussion, it was noted that Mr. Trainer's property would not meet the requirements for a multi-family building even if the zoning were changed to allow the use.~ Mr. Trainer thanked the Board for their time, and no action was taken.
9:18 p.m. - Dan Feeney of Beals & Thomas presented the approved site plan for Garcia Dental,~Paramount Drive, with a proposed minor modification.~ Mr. Feeney explained the building elevation must be raised two feet because ledge has been found on the property.~ Correspondence on the matter was received from JNEI, dated January 27, 2005.~ Mr. Schmid explained to the Board that~ guardrail is needed on the easterly side of the lot and there is a problem with grading at the entrance.~ He suggested making the easterly access a one-way entrance only or blocking the entrance off completely.~ After discussion, Board members agreed with Mr. Schmid's suggestion to make the easterly access a one-way entrance only.~ A motion was made to accept the minor modification to the Garcia Dental site plan with the condition that the easterly driveway shall be
one-way with signage and arrows indicating such; motion was seconded; motion passed by unanimous vote.
There was no further business and the meeting adjourned at 9:30 p.m.
Respectfully submitted,
Carl Carlson, Clerk
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