The Raynham Planning Board held a meeting on Thursday, May 12, 2005, at Raynham Town Hall. The meeting opened at 6:33 p.m. with Daniel Andrade, John Canto, Henry Ellis, Burke Fountain, and Chris Gallagher present. Also present were Town Planner Richard McCarthy, McKenney, Administrative Assistant and John Schmid, Judith Nitsch Engineering, Inc.
6:34 p.m. - Russell Reed, Raynham, MA, presented a Form A plan for land on Wilbur Street.~ After review of the plan, motion was made to approve "A Plan Of Land in Raynham, MA for Russell D. Reed & Kathy M. Hay-Reed and William M. Callahan,"dated April 25, 2005, by Senna Fitzgerald Gilbert Assoc., as a plan not requiring subdivision approval; motion seconded; motion passed on unanimous vote. Mr. Gallagher signed the plan.
6:39 p.m. - Public hearing opened for Virginia Gonsalves, Pleasant Street subdivision/waiver of frontage plan. Mr. Gallagher read the hearing notice. Attorney David Gay appeared before the Board as petitioner's representative. Hugh Hurley, Hayward-Boynton & Williams, Inc., reviewed the plan for the Board.
Letter dated April 15, 2005 from Roger Stolte, Highway Superintendent, was discussed. Attorney Gay addressed Mr. Stolte's concerns, noting the plan is not a typical subdivision plan, no roadways are being extended, and there will be only two additional houses on the parcel. After discussion of the plan, it was agreed that "Waiver of Frontage" will be added to the plan title. A motion was made to grant the waiver of frontage and approve the plan entitled "Plan of Land in Raynham, Massachusetts Owned By Virginia A. Gonsalves," dated February 28, 2005, drawn by Hayward-Boynton & Williams, Taunton, MA, with the condition that prior to endorsement, the title block indicates it is a waiver of frontage plan and a Town Clerk's signature block be added; motion was seconded. After further discussion, motion was amended to
add the condition that no further subdivision of the land shall be allowed without further review and acceptance by the Planning Board; motion to amend seconded; motion to amend passed on unanimous vote. Motion to approve the plan with conditions passed on unanimous vote.
~
6:54 p.m. - Mike Peterson, Easton, MA, presented a Form A plan for land on Mohawk Drive.~ He explained lots 55A and 56A were being reconfigurd to accomodate a house on lot 56A Mr. Fountain noted that Mr. Peterson had a prior problem with a house on Mohawk Drive being built in an easement and the problem has not been cleared up. He questioned if the Board should wait until that problem is resolved before approving plans for Mr. Peterson. After discussion, Board members agreed to proceed with the Form A. The plan was reviewed. Motion was made to approve the plan entitled "Plan of Land In Raynham, Massachusetts Owned By MaryAnne Peterson Trust Agreement," dated May 5, 2005, drawn by Hayward-
Boynton & Williams, as a plan not requiring subdivision approval; motion was seconded; motion passed three in favor; two abstentions.~ Mr. Gallagher signed the plan.
~
7:00 p.m. - George Bumila, Jr., appeared before the Board to request a waiver from site plan approval for his South Street West property. Mr. Bumila explained Building Commissioner Rod Palmer directed him to the Planning Board to determine if site plan approval is needed for the business operating on his property. After reading Section 3.2 of the zoning by-laws aloud, Mr. Gallagher stated he thought site plan approval was not needed. Mr. McCarthy noted the building commissioner sent Mr. Bumila to the Board to determine if site plan approval was needed after Mr. Bumila's lot went from being vacant to being used for business, possibly constituting a change in use. Mr. McCarthy suggested that if the Board chose to waive site plan approval, they should address the neighbor's concerns.
~
Kimberly Ferreira, 244 South Street West, addressed the Board and submitted photos of the site prior to and after Mr. Bumila's business began operating. She noted there were wetlands on the site and spotted turtles have left the site since the business began. She stated there was dirt "flying around" because of the business. She asked for a fence around the property for her children's safety. Frank Ferreira, 244 South Street West, said the business operated ten feet from his children's playset with no concern shown by Mr. Bumila. He stated he has issues with the children's safety, and he also requested a 10-12 feet fence along the property line.
~
Erica Ueberbacher, Raynham Conservation Commission Agent, addressed the Board, noting the Commission had received no complaintas on this project but she had informed Mr. Bumila to stay 100 feet from the pond on site.
~
Mr. Andrade asked if there were other neighbors present who wished to speak. None responded. Mr. Andrade noted the Town encourages business but also looks to protect abutters and residences. He noted the area was zoned business.
~
Mr. Bumila stated that Mr. Ferreira runs a landscaping business from his house. He also noted the Board of Health visited his site last year and found no safety issues. He said there is a fence on the Ferreira property but it is not maintained.
~
During discussion, it was noted that screening is addressed during site plan approval and no more than 25 feet screening is now required. Mr. Canto noted this situation was a grey area.
~
Mr. Ferreira spoke again, stating his landscaping business is small, and Mr. Bumila's business has large trucks using the site, which makes it windy with sand blowing all around with no buffer on site.
~
Mr. Andrade said he had viewed the site. He suggested that 100 feet of arborvitae planted on the west side of the lot and 50 feet of arborvitae planted on the east side would be better than fencing and if that were done the Board could waive site plan approval. Mr. Ellis asked Mr. Bumila if he would voluntarily do the plantings; Mr. Bumila said he would take it under
consideration. Mr. Canto suggested the parties share the expense.
~
Ms. Ueberbacher stated that on the left side of the lot, the arborvitaes could be in Conservation Commission jurisdiction. She noted there are alternative plantings that could work better than arborvitates in this situation, and she would recommend them if needed.
~
Motion was made to forward a letter to Building Commissioner Rod Palmer stating the Board feels site plan approval is not needed at this site (no second on motion). During discussion, Board members agreed fighting between the neighbors was not their issue but they wanted the matter settled.~ After discussion of whether to table the matter or settle it, motion was made to send a letter to Mr. Palmer that in the Board's opinion site plan approval is not required (no second on motion). Mr. McCarthy suggested that if screening were to be required, the Board could vote that site plan approval is needed and waive the requirements with the condition that the screening cost be split. He noted he has been dealing with this issue for a year with no cooperation from the parties.
~
Motion was made to give a waiver from Site Plan Approval with the condition that arborvitaes, or other plantings required by the Conservation Commission not to exceed the cost of the arborvitaes, be planted 100 feet from the property line on the west side and 50 feet on the east side, four feet on center. Mr. Fountain noted no application was filed nor hearing was held. Mr. McCarthy stated the Board has granted waiver of site plan approval without a filing. Mr. Fountain seconded the motion. Mr. Canto stated the expense should be shared. A vote was taken, and the motion passed three in favor (Canto, Fountain, Andrade), Mr. Ellis opposed, Mr. Gallagher abstained.
~
7:40 p.m. - Public hearings for proposed zoning amendments were opened. Mr. Gallagher read the hearing notices for the four proposed zoning amendments, shown as Articles 41, 42, 43 and 44 on Town Meeting Warrant. Mr. Andrade noted all three zoning map amendments were submitted by citizen petition and the Planning Board sponsored the lot coverage amendment.
~
Craig Randall, 143 Prospect Hill Street, spoke on behalf of the amendment to rezone a portion of Prospect Hill Street from Farm and Forest to Residential A. He noted only the front portion of Prospect Hill Street would be rezoned with the rear portion remaining Farm and Forest. In response to a question from Mr. Ellis, Mr. Randall stated his purpose for the rezoning is
to get an extra lot to build a house for his family. Mr. Fountain asked how the Town would benefit from the change. Mr. Randall stated there would be a tax benefit.
~
Mr. Andrade asked if there were further comments from anyone present. No one responded. During discussion, After discussion, motion was made to not recommend the proposed amendment; motion seconded; motion passed on unanimous vote.
~
Proposed amendment to rezone portion of land on the west side of Broadway from Industrial, Business and Residential A Districts to Office Development District (ODD), was discussed. Louis Ghelfi, Raynham, MA, explained reasons for the citizen's petition to amend, citing Wal-Mart, a "sludge" plant, a water treatment plant, and a Hess gas station as examples of recent projects along Rte. 138 that brought concern to neighborhood residents.~ Mr. Ghelfi noted the proposed ODD would bring less traffic and better aesthetics to the area.~
~
Mr. Andrade asked if anyone present was in favor of the amendment. Marsha Silvia, Laurel Lane, stated she was in favor because of the traffic issues. Michael Scarlett, Robinson Street, stated he was in favor because of traffic concerns. Brian Berry, Wilbur Street, stated he favored the amendment and felt something should be done before another big project is allowed. Jim Ross, North Main Street, spoke in favor of the amendment.
~
During discussion, Mr. McCarthy noted the proposed ODD requires 80,000 square feet lots, 150 feet frontage, no retail or restaurant use is allowed and existing businesses will be legally non-conforming if the zoning use changes.
~
Mr. Andrade asked if anyone present opposed the amendment. Attorney Gerard Marsden, Easton, MA, representing Ryan Iron, spoke against the proposed amendment. He distributed copies of a build-out anaylsis done by Conoco Engineering for Ryan Iron. Joe Harnois, Conoco Engineering, discussed the build-out study, and he asked that the Ryan Iron parcels be excluded from the amendment. He noted the Ryan Iron property was an existing
subdivision with a single-access road and future and present projects at their site would have a lower projected traffic impact than the propsed zoning. He noted Ryan Iron planned to protect its zoning by submitting a Form A and subdivision plan if their parcel is not excluded.
~
Attorney Michal Morizio, representing Raynham-Taunton Greyhound Park (RTGP), asked the Board not to endorse the proposed amendment. He said he echoed Attorney Marsden's comments and asked that RTGP property be excluded from the amendment. He noted there would be more traffic with the proposed office district compared to the present passive businesses uses in the area and the attempt to deal with traffic through the proposed zoning would not work. He noted the present industrial use land was a good tax base for the town and the location was perfect for an industrial district.~ He noted RTGP had submitted a preliminary subdivision plan, which would protect their zoning.
~
Mr. Gelfhi spoke about his concerns with the industrial uses such as the trash transfer plant and the sludge plant, noting the area residents were afraid that other similar projects were coming. Attorney Morizio noted the plants at the RTGP site were well -planned and set back off the road.
~
Chris Carney addressed the Board, noting the Carney family business is the largest landowner in Raynham, with property on Broadway and Pine Street, and they also paid large excise taxes to the town. He stated his family was sensitive to the issues but as taxpayers they expected the right to use their land as zoned. He stated he would like the proposed zoning to fail.
~
Board members discussed the proposed amendment. Mr. Andrade noted the Board has been trying to improve Broadway but its efforts have been rejected. He stated he would like a Rte. 138 Master Plan that incorporated accumulated knowledge and information to determine what will work best for Broadway. Mr. Andrade stated he did not support the article.
~
Mr. Scarlott explained the residents wanted some say in the zoning and wanted to stop more big projects.~ He asked the Board to recommend the article for some control until a better plan is in place.
~
Mr. Gallagher stated he was not in favor of the amendment as it was written. Mr. Fountain said he had not expected the Carney property to be taking the direction it is now taking away from entertainment use, noting the direction of the property was the reason the amendment was before the Board. He stated an intelligent use to maximize tax dollars was needed but he was not for or against the amendment. Mr. Ellis stated he did not particularly like the amendment. He noted the Ryan Iron and RTGP property probably should be excluded. He stated the proposed amendment would stop retail growth on Broadway, and he would reluctantly vote for it.
~
Mr. Canto stated he was not for or against the amendment. He noted the industrial base should not be eroded as it is very important tax base for a town. He stated he was in favor of the amendment with the Ryan and Carney properties being excluded out.
~
George Carney, owner of RTGP, addressed the Board, saying he would not have developed the trash transfer station if he felt it devalued property. He expressed concern that it was said his property was not kept up because he would not do anything to take away from Raynham. Mr. Fountain explained he did not say the property was not kept up but only that he was concerned with the type of businesses locating there. Mr. Carney stated the recreational use of the property will be continuing.
~
After discussion, motion was made to not recommend the amendment at Town Meeting; motion seconded; motion passed three in favor; Mr. Ellis opposed; Mr. Fountain abstained. Board members agreed the article can be amended at Town Meeting to exclude the Ryan and Carney parcels.
~
Proposed amendment to rezone Parcels 24, 25, 26, 26A on the northeasterly side of Broadway from Business to ODD was discussed. Louis Gelfhi addressed the Board and told the Board to "just ditto" the reasons he gave earlier in favor of the west side rezoning. Mr. Canto stated this proposal made sense and he would recommend it. Mr. Ellis agreed.
~
Mr. Harnois suggested there could be a risk of confusion if the Board recommended one article and not the other because some people might not differentiate between the two amendments.~ During discussion, it was noted the four parcels in question are owned by Frank Rozenas. Mr. Rozenas addressed the Board and stated he would like to keep the zoning as it is now, with no changes.
~
Motion was made to not recommend proposed Article 43; motion seconded; after discussion of the wording of the amendment, the motion was withdrawn. Motion was made to recommend approval; motion seconded; by failure to carry the vote, the article was not recommended.
~
9:10 p.m. - Amendment to add the definition "Lot Coverage" to Section 11.2 of zoning by-laws was discussed. It was noted the Planning Board sponsored the amendment, which is a minor correction to zoning by-laws to make equal the lot coverage in all districts. Motion was made to recommend the amendment; motion seconded; Erica Ueberbacher stated the amendment made sense for the Town and the wetlands. Motion passed by unanimous vote.
~
9:16 p.m. - Public hearing for Caitlyn Estates subdivision, off White Street, was opened. Mr. Gallagher noted his brother is an abutter so he will not vote on the plan. He read the hearing notice and left the meeting. John Schmid submitted a review letter dated May 11, 2005. Paul Patenaude, P.E., presented the open space subdivision plan. He reminded the Board he
had previously demonstrated the seven lot conventional plan met the open space concept. There was discussion of the name change for the subdivision, which will now be called Evergreen Estates/Christina's Path.
~
Board members reviewed the May 11th JNEI letter. Mr. Schmid noted there were no issues to the special permit except that he believed the applicant was looking for direction on who would maintain the open space.
~
In response to a question from Guy Almedia, White Street, Mr. Andrade explained the open-space concept, noting an open area is kept as non-buildable land and the lots are smaller than conventional lots.
~
Bob Glavin, White Street, asked why abutters were not able to state their concerns prior to this meeting. Mr. Andrade noted this was a two-part process, with the first process only dealing with the open space concept. Barbara Mansfield, 281 White Street, stated she had "extreme" concerns. Mr. Andrade noted abutters could speak during part two, dealing with the
subdivision.
~
Mr. Canto questioned the benefit of allowing the open space because of the existing power lines. Mr. McCarthy noted it was a better subdivision design with the open space. Motion was then made to approve the special permit to go from conventional subdivision to open space subdivision at Evergreen Estates with the open space to go to the town; motion seconded. After discussion, it was agreed the open space would be deeded to the town and recorded before plan endorsement. Motion to approve as discussed passed on unanimous vote.
~
The definitive subdivision hearing began. Mr. Patenaude reviewed the plan for the Board, noting there will be town water and sewer, and the lots will meet setback requirements. He reviewed the detention basin plan and explained that no building is allowed within the Edison easement but Edison has given approval to allow a driveway in the easement. Mr. Schmid
submitted a copy of a letter from Edison dated stating such. Mr. Schmid noted the portion of the open space on Lot 1 that is in the easement will not be owned by the Town as open space.
~
Mr. Patenaude discussed the waiver request for one sidewalk and sloped granite edging along the Edison area and the basin.
~
Mr. Almedia and Mr. Glavin asked about the lot sizes. It was explained the lots will be 20,000 square feet minimum. Mr. Glavin discussed water problems he has on his property. Mr. Patenaude noted those problems should not happen once the road is in place. Mr. Schmid explained how the rainwater should be captured by the road, noting the impact from the subdivision will not be any worse but may be the same, He said he will check the calculations further. Barbara Mansfield, White Street, noted the area has a high water table.
~
Mr. Andrade cited Cal's Court off Carver Street as an example of an open space subdivision if anyone wanted to see one.
Mike Rogers, 295 White Street, discussed water problems on his property. After discussion, Mr. Schmid agreed to meet with the abutters to further discuss the water issue. After discussion, the public hearing for Caitlyn Estates/ Evergreen Estates was continued to June 9, 2005, 7 p.m. (Mr. Gallagher returned to the meeting.)
~
10:02 p.m. - Form A plan was presented for Savemore Trust/Rozenas land on Broadway. The plan was reviewed. Motion was made to accept the plan plan entitled "Approval Not Required Plan of Land In Raynham, Massachusetts Prepared for Savemore Trust," drawn by Prime Engineering, dated May 11, 2005, as a plan not requiring subdivision approval; motion was seconded; motion passed by unanimous vote. Mr. Gallagher endorsed the plan.
~
10:05 p.m. - Attorney Michael Morizi presented a Form A plan for land on Broadway owned by Massassoit Greyhound Association, Inc. The plan was reviewed. Motion was made to accept "Plan of Land In Raynham, Massachusetts Owned By Massassoit Greyhound Association, Inc.," datd May 11, 2005, drawn by Hayward-Boynton & Williams, as a plan not requiring subdivision approval; motion was seconded; motion passed by unanimous vote. Mr. Gallagher signed the plan. (Mr. Ellis left the meeting)
~
10:11 p.m. - Public hearing for Schwan's Food Service site plan for Commerce Drive was opened. Mr. Gallagher read the hearing notice. Dan Feeney, P.E., Beals & Thomas, presented the site plan. He reviewed the plan for the Board, noting that a 7,000 square foot building is being proposed as a distribution center for Schwan's. He discussed the site topography, the drainage swale, site traffic and parking, and the dumpster. He noted the Conservation Commission is waiting for the Planning Board to approve the plan before they proceed.
~
Letter dated April 15, 2005 from Highway Superintendent Roger Stolte was discussed. Review correspondence dated May 10, 2005 was received from JNEI. John Schmid stated the plan is straightforward and the only issue is the ongoing stormwater control issue within Raynham Woods. He noted he has met with Beals and Thomas and the ConCom agent to discuss the issue. Mr. Schmid suggested continuing the hearing or conditioning approval on mitigation regarding the stormwater management.
~
Mr. Andrade noted the Board must start reviewing individual basins at the park even though the site had been "blanketed" with approval. Mr. Schmid said the owner of the park seems to be making an effort to correct the stormwater problem. He noted a waiver from Section 5.3 for stormwater issues should be added to those requested by the applicant. After discussion, Board members agreed to proceed and to approve with condition. It was noted there were no landscaping or lighting issues.
After discussion, motion was made to grant the waivers from site plan rules and regulations Sections 4.15; 4.22; 5.4; and 5.62 as amended to apply only to the parking lot as noted in JNEI letter dated May 10, 2005; motion seconded; motion passed by unanimous vote.
~
Motion was made to approve the site plan as presented entitled "Scwan's Home Service, Raynham Woods Commerce Center in Raynham, Massachusetts," dated March 18, 2005, by Beals and Thomas, Inc., subject to the condition that before endorsement, a revised plan be submitted showing compliance with Section 5.3 of site plan regulations, and standard conditions of approval re. erosion, fees, etc. shall also apply; motion was seconded; motion passed on unanimous vote. It was noted that JNEI and Roger Stolte shall be signing off on stormwater control issues that were discussed earlier.
~
10:40 p.m. Attorney David Frenette, Brockton, MA, and Tony Esposito, Outback Engineering, Lakeville, MA, appeared before the Board to discuss Carriage Hill subdivision. Attorney Frenette explained that land ownership problems have been cleared up. Mr. Esposito informed the Board additional land has been acquired for expansion of the subdivision. After discussion, it was agreed a new subdivision filing would be needed for new lots and a modification to the approved plan is needed for changes to the approved plan. Board members and Mr. Esposito discussed the meaning of dead-end street. No action was taken.
~
General Business: Motion was made to approve the minutes of March 24; April 14; April 20, April 21; and May 20, 2005, and to waive the reading; motion seconded; motion passed by unanimous vote.
~
Correspondence dated May 10, 2005 from JNEI re. Dr. Cheng, 416 Broadway site plan was received. After discussion, motion was made to release all funds being held for 416 Broadway site plan; motion seconded; motion passed by unanimous vote.
~
Correspondence dated April 21, 2005 was received from JNEI re. Mario Susi & Sons/Gardiner Street site plan. After discussion, motion was made to send a letter to Susi & Sons requesting a modification of the site plan as indicated in the JNEI letter; motion seconded; motion passed by unanimous vote.
~
Correspondence dated April 19, 2005 was received from John Noblin and Frank Campbell requesting the balance of fees from the Noblin/Campbell Commerce Drive site plan be applied towards the purchase of a new ladder fire truck. After discussion, motion was made to send a letter to the Board of Selectmen approving of the transfer of the remaining filing fees towards the purchase of new fire truck; motion seconded; motion passed by unanimous vote.~
~
Correspondence dated April 27, 2005 was received from JNEI re. Hampton Inn, Rte. 44, site plan. After discussion, motion was made to send a letter to the developer advising him that the site lighting should be lowered or removed or a minor site plan modification will be needed; motion seconded; motion passed by unanimous vote.
~
Letter dated April 21, 2005 was received from Howard Mintz, Packard Development, reguesting release of funds being held for Lowe's, Rte. 44, site plan. During discussion, it was noted no letter has been received from JNEI indicating the site is compliant. Board members agreed no money would be released at this time.
~
Letter dated May 12, 2005 was received from Roy Latimer, Clerk, Raynham Board of Appeals, regarding the ZBA Tearall Road/ Whittaker petition. After discussion, Board members agreed to send a response letter to the ZBA regarding the condition of Tearall Road.
~
Copy of a letter dated May 10, 2005 from the Town Planner and Conservation Agent to developer Russell Grabau, regarding drainage issues at Locust Woods, was received. No action was taken.
At 11:14 p.m. the Board went into Executive Session to discuss possible litigation.
~
Executive Session concluded at 11:26 p.m. and the regular meeting reconvened. After discussion, motion was made to cancel the Board's May 26th meeting due to lack of quorum; motion seconded; motion passed by unanimous vote.
There was no further business and the meeting adjourned at 11:28 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
Raynham Planning Board
| 
