The Raynham Planning Board meeting on Thursday, August 11, 2005, opened at 6:30 p.m., at Raynham Town Hall. Board members present at the meeting were Dan Andrade, Burke Fountain, John Canto and Chris Gallagher.~ Also present were Richard McCarthy, Town Planner and Maureen McKenney, Administrative Assistant.
6:31 p.m. - The approved Harry's Auto Body site plan was endorsed.
6:32 p.m. - Raynham Sewer Commissioners presented a Form A plan for easements and land takings related to sewer Phase VI.~~The plans were reviewed.~ After discussion, motion was made to approve the plans entitled Plan Of Property Taking To Be Acquired For Proposed Pine Street Pump Station Town of Raynham, Massachusetts; Plan of Easements To Be Acquired For Proposed Sanitary Sewer At Quequechan Circle & Hidden Valley Drive Town of Raynham, Massachusetts; and Plan of Easements To Be Acquired For Proposed Sanitary Sewer Between Parkwood Drive & Walter Drive Town of Raynham, Massachusetts, all drawn by Tighe & Bond, Westfield, MA, all dated July 21, 2005; motion seconded; motion passed by unanimous vote.~ Mr. Gallagher endorsed the plans.
6:45 p.m. - Public hearing for North Light Realty Trust/Route 44 site plan was reconvened.~ A request for continuance was received from McKenzie Engineering Group.~~ After discussion, the public hearing was continued to August 25, 2005, 7:15 p.m.~ No testimony was taken.
6:46 p.m. - Minutes of July 14, 2005, were received.~ Motion was made to approve the minutes and waive the reading; motion seconded; motion passed by unanimous vote.
6:47 p.m. - General Business:~ Letter dated July 26, 2005 was received from Highway Superintendent Roger Stolte regarding a retreat lot by-law.~ Mr. McCarthy noted he was not working on the retreat by-law yet.~ After discussion, the letter was taken under advisement.
Memorandum dated July 16, 2005, regarding the Mastria Rte.44 Subaru as-built plan review was received from Judith Nitsch Engineering, Inc. (JNEI).~ The matter was tabled.
Memorandum dated July 15, 2005, was received from JNEI regarding the Hess Rte. 138 Service Station as-built plan review.~ During discussion, it was noted there were lighting issues to be checked out by John Canto.~ It was also noted an exhaust fan at the site is not on the approved site plan.~ Mr. McCarthy will investigate the matter.~ Mr. McCarthy informed the Board that Mrs. Nelson, an abutter to the site, requested the existing fence along Elm Street East be extended to obstruct her view, which will be done.
Board members discussed the possibility of a full time engineer being hired by the Town.~ They agreed the Town should revisit the issue.
7:00 p.m. - Public hearing for Ryan Iron preliminary subdivision plan was reconvened.~ JNEI review correspondence dated July 6, 2005 was received.~ Joe Harnois, P.E., Coneco Engineers, presented the plan.~ He explained the main purpose for the plan was to realign and straighten the roadway in the existing subdivision.~ He noted an existing building will be removed from Lot~16.~ He explained the preliminary subdivision plan was submitted as zoning protection and to get an idea of what the Planning Board wants on the definitive plan.~~
During discussion, it was noted all lots in the subdivision have been released.~ Mr. Gallagher informed the Board the drainage in the existing subdivision was acceptable so there was no need to "reinvent" it.~~ After discussion, the Board agreed Mr. Harnois could consult with Mr. Gallagher regarding drainage issues.~
Mr. Harnois stated he would be seeking waivers for the definitive plan.~ After discussion, Board members agreed they must be sure the drainage was working and they would be requiring some upgrades to the existing subdivision such as berm and an improved entrance. The Board informed Mr. Harnois they do not typically take action on a preliminary plan so no vote was taken.
7:20 p.m. - Public hearing for Roger's Way definitive subdivision plan was opened.~ Mr. Gallagher read the hearing notice.~ A request for continuance was received from Attorney David Gay.~ Correspondence dated August 10, 2005 was received from JNEI, stating they had not conducted a comprehensive review of the plan.~ After discussion, it was agreed JNEI will not be fully reviewing the plan at this time.~ The hearing was then continued to September 22, 2005, 7 p.m.~ No testimony was taken.
7:25 p.m. - Public hearing for EuroTech site plan was reconvened.~ A request for continuance was received.~ After discussion, the hearing was continued to September 22, 2005, 7:25 p.m.~ No testimony was taken.
7:30 p.m. - Robert Arruda, Raynham, MA, presented a Form A plan for land on Church Street.~ Fees and application were properly submitted.~ After review of the plan, motion was made to approve the plan entitled A Plan of Land in Raynham, MA for Josephine Arruda, dated June 20, 2005, prepared by Senna, Fitzgerald & Gilbert, Lakeville, MA; motion seconded; motion passed by unanimous vote.~ Mr. Gallagher signed the plan.
7:32 p.m. - Memorandum dated July 27, 2005, was received from JNEI regarding the Hampton Inn, Route 44, as-built plan review.~~After discussion, motion was made to release the remaining surety funds for Hampton Inn; motion seconded; motion passed by unanimous vote.~
Memorandum dated August 9, 2005, was received from JNEI regarding the United Service Station, 593 Broadway, as-built plan review.~ During discussion, it was noted the equipment installed on the site was to be enclosed in a shed but that has not been done.~ After discussion, Board members agreed the applicant will be notified that a minor modification to the site plan is needed.~
Memorandum dated August 2, 2005, was received from JNEI regarding review of the Stover, Lot 29 Paramount Drive, as-built plan review.~ No action was taken.
The United Service Station, Broadway, site plan, revised date 12/06/04, was~endorsed by the Board.
Memorandum dated August 2, 2005, was received from JNEI regarding Caitlyn Estates.~ The matter was tabled to later in the meeting when developer Steven Joyce was scheduled to present a Form A plan for the subdivision.
Letter dated July 18, 2005, was received from Brockton Mayor John Yunits regarding a possible over-55 development in Raynham.~ No action was taken.
7:45 p.m. - Public hearing opened for Carriage Hill Estates special permit pursuant to Article 16, Subdivision Phasing, to allow 20 lots to be released over a 12-month period.~ Mr. Gallagher read the hearing notice.~ Attorney David Frenette was present along with applicant Russell Grabau.~ Mr. Gallagher stated he felt the phasing by-law is illegal even though it is "on the books," and he stated it should be taken off.~ He said he was amenable to the requested 20 lots being released instead of the seven allowed per the by-law.
Attorney Frenette distributed copies of a memo in support of the special permit request.~ He discussed the memo, noting Mr. Grabau purchased the subdivision before the phasing by-law was enacted in May 2000.~
Mr. Fountain noted there would be a sudden impact on Town services if twenty lots were released at once and he suggested an affordable lot be made available by the developer to offset the impact.~ Mr. Canto stated he did not want a precedent being set with 20 lots being released but he would consider ten lots.
During discussion, Mr. Grabau explained the pump station on King Street, which will service the subdivision, will also benefit the Town. He also informed the Board he paved Old King Street and a portion of King Street, which also benefits the Town.
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Mr. Andrade stated the Board must enforce the by-law, and he agreed an affordable lot was a good idea, adding he felt three affordable lots would be more appropriate if a special permit for twenty lots was granted.~ Mr. Grabau informed the Board three affordable lots would not happen, and he left the meeting.~
Motion was made to deny the request for a special permit; motion seconded.
John Bisio, Sunset Drive, asked the Board how the location of the catch basins is determined.~ Board members informed him the locations are part of the approved plan, which is drawn and stamped by engineers and reviewed for the Town by their consultant.~ Mr. Bisio noted he was concerned with overflow from the basins.~ John Schmid explained that plans are designed to have zero runoff.
Mr. Andrade reminded the Board there was a motion on the floor.~~ Attorney Frenette apologized for his client's earlier outburst.~ He suggested a compromise of 15 lots released the first year and 10 lots released the second year.~ Mr. Andrade noted the applicant had left the project undeveloped for a number of years and he must abide by the current regulations.~
Attorney Frenette explained there was a financial hardship that necessitated getting the development done within two years.~ Mr. Andrade noted the rules and regulations must be followed or it could set a precedent for others who wanted to follow.~ Attorney Frenette discussed the recent court case in Hadley, which overturned a similar by-law, and Mr. Andrade pointed out the by-law is a temporary measure and the Board is flexible in its decisions, making this situation different from the Hadley case.
Attorney Frenette suggested a 15-lot, 10-lot schedule with one affordable lot given.~ Mr. Andrade suggested two affordable lots with twenty lots being released.~ The earlier motion was then taken off the table.
Motion was made to immediately release twenty lots and one year from today release the other five lots on the condition that of the first twenty lots, two lots are to be affordable under Article 16, Section 16.4.2; motion was seconded; motion passed by unanimous vote.
8:20 p.m. - Form A plan for land in Caitlyn Estates, White Street, came before the Board.~ Fees and application were in order.~ During discussion, it was noted applicant Steven Joyce had an outstanding invoice to the Taunton Gazette for legal notices.~ After review of the plan, motion was made to approve the plan entitled Approval Not Required Plan Raynham, MA. Prepared for Steven Joyce, by Earth Services, dated July 31, 2005, subject to all outstanding fees being paid; motion was seconded; motion passed by unanimous vote.~ Mr. Gallagher signed the plan.
8:25 p.m.- The meeting was recessed.
8:27 p.m. - The meeting was reconvened.~
The Schwann's site plan, dated March 18, 2005, was endorsed by the Board.
8:28 p.m. - Carl Bueller appeared before the Board to discuss Bickford's Restaurant on Rte. 44.~ Mr. Bueller explained he bought the business and will be reopening it as an IHOP restaurant.~ Architect Rick Fenuccio was present with Mr. Bueller and he distributed copies of a proposed plan and architectural drawings for the new business.~
Mr. McCarthy explained the front parking area will be reconfigured to accommodate a new vestibule.~ Mr. Fenuccio discussed the proposed plan, noting additional landscaping will be added to the front of the building.~ He also explained there will be new lights on the building but no new parking area lights are planned.
Mr. Fountain requested the applicant submit a letter to the Board stating the number of seats in the restaurant will not be increasing, the parking spaces will not be decreasing and the lighting intensity at the site perimeter will not increase.
Mr. Canto requested that bollards or concrete planters be added to the front of the vestibule to protect pedestrians.~ After discussion, motion was made that site plan approval is not required for Bickford's/235 Route 44 site, with the conditions as discussed; motion seconded; motion passed by unanimous vote.
8:38 p.m. - Steve Cattogio, 703 South Street East, appeared before the Board to discuss his property, where he lives and operates a small business.~ Mr. Cattogio distributed a packet of information with maps of the property. He explained he operates a small tow truck business from the property, which is zoned business and located on a dead end street.~ Mr. Gallagher noted that Mr. Cattogio has recently encountered some problems with the Town and was advised to appear before the Planning Board to determine if site plan approval is needed for his business.~~Mr. Gallagher stated he knew of the business, noting it has been operating for a number of years, the site is secured and there is no stockpiling of cars.
Jennifer Oldfield, 708 South Street East, addressed the Board and stated she has no problem with the business.~ Gwyneth Snow, 708 South Street East, also stated she had no problems with the business.~ Ron Lopes, 695 South Street East, stated he had no problems with the business.~
After discussion, motion was made that site plan approval for the site was not required; motion seconded; motion passed by unanimous vote.
Letter dated July 27, 2005 was received from Town Counsel Marc Antine regarding a tri-partite/
lender's agreement as surety for Village at Foxwoods, Carver Street.~ Attorney Antine suggested several corrections be made to the agreement before acceptance.~ Board members and Mr. McCarthy discussed the use of tri-partite agreements as surety.~ After discussion, motion was made to approve the lender’s agreement presented for Village at Foxwoods, subject to Marc Antine's suggested corrections being made and his final approval; motion seconded; motion passed by unanimous vote.~ The Board will sign the agreement when it is finalized.~~
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Mr. McCarthy briefly discussed a general noise by-law for the Town.~ He recommended the Town's general noise by-law be amended to include DEP standards decibel level baseline plus 10.~ After discussion with the Board, it was agreed Mr. McCarthy would further research the matter.~ Board members suggested specific noise limits be set for businesses abutting residences.
There was no further business and the meeting adjourned at 8:55 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
Raynham Planning Board
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