The Raynham Planning Board held a regular meeting on Thursday, October 27, 2005, at Raynham Town Hall.~ Vice-Chairman Burke Fountain called the meeting to order at 6:34 p.m. with Board members John Canto and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and John Schmid, Judith Nitsch Engineering, Inc. (JNEI).
6:35 p.m. - Peter Bumila appeared before the Board to discuss a proposed addition to the community center at Pine Hill Estates mobile home park and the proposed construction of a 6,000 sq. ft. wellness center on Bumila Drive in the new expansion section of the park.~~ Mr. Bumila requested that site plan review be waived for both proposed constructions because the mobile home park came under the jurisdiction of the Board of Health.
John Schmid informed the Board he reviewed the stormwater system plan for the park but he did not review the addition or the wellness center plans for site plan compliance.~ He noted the mobile home park operates under a Board of Health permit but the wellness center will not come under Board of Health regulations.
Mr. Fountain suggested Board members consider either sending a letter to the Board of Health stating the plans were within the Board of Health purview or requiring site plan approval for the proposed construction.~ (Mr. Ellis arrrived.)~ During discussion it was noted the wellness center will not abut any residences and the wellness center will differ from the community center in that it will have a workout area and aerobic pool.~ It was noted the community center will double in size with the proposed addition and the existing parking lot will be moved further back with the addition.
After discussion, motion was made to waive site plan applicability for Pine Hill Estates Mobile Home Park for the addition to the community center and the proposed wellness center based on the fact that the mobile home park is within the purview of the Board of Health and to notify the Board of Health that site plan approval was waived and if the Board of Health requires any input regarding parking or site plan issues, the Planning Board would be happy to give input; motion seconded; motion passed by unanimous vote.
General Business:~ Minutes of September 22, 2005 were received.~ Motion was made to accept the minutes and waive the reading; motion seconded; motion passed by unanimous vote.
General Business:~ Board members discussed the November 2005 meeting schedule.~ After discussion, motion was made to cancel the November 10th meeting and schedule a meeting for Wednesday, November 16, 2005, 6:30 p.m.; motion seconded; motion passed by unanimous vote.~ Board members also agreed to schedule a special meeting in early December to discuss zoning issues.
6:47 p.m. - Nick Mirrione, Easton, MA, presented a Form J for release of Lots 1 and 36 at Berry Hill ARC (corner of Pine Street and Pleasant Street).~ Mr. McCarthy informed the Board the revised surety bond for Berry Hill ARC was sent this afternoon to Town Counsel for review.~ During discussion, it was noted the Bond has a B ++ rating.~ Mr. McCarthy suggested the Board execute the Form J and hold it in escrow until Town Counsel approves the bond.~ Motion was made to approve the Form J for Lots 1 and 36 and hold said Form J in escrow with Richard McCarthy pending approval of the bond by Town Counsel Marc Antine; motion seconded; motion passed three votes in favor and Mr. Gallagher abstained.
6:52 p.m.- General Business:~ Letter dated October 25, 2005 was received from Town Counsel Marc Antine informing the Board the appeal from the City of Taunton re. the Rte. 138 Wal-Mart was dismissed in court.
Memorandum dated October 20, 2005 was received from JNEI regarding Johnson & Johnson 2004 Addition Site Plan.~ Mr. Schmid informed the Board there are drainage issues still to be resolved.~ Mr. McCarthy informed the Board that the noise issue between~J & J and Keith Wrigley is still being worked out.~ Mr. McCarthy noted a noise by-law is being considered for adoption at the Annual Town Meeting.
Correspondence dated October 20, 2005 was received from JNEI regarding the Welter Medical Center, Paramount Drive, site plan.~ Mr. Schmid noted he reviewed the revised plan for compliance with the Certificate of Action and he had no objections.~
Field Report, dated October 17, 2005 was received from JNEI regarding Finch Farms.~ Mr. McCarthy informed the Board he spoke with Nichole MacDonald about the issues she has with Finch Farms.~ He noted Mrs. MacDonald wants to talk to the Planning Board about a gate being installed at the cul-de-sac on Finch Road so only emergency vehicles can pass through the subdivision.~ Mr. Fountain noted Finch Road is the main access road to Steeplechase subdivision so there can be no gate~separating the two subdivisions.~ Mr. McCarthy will inform Ms. MacDonald of this.~ After discussion, it was noted a performance bond is being held for any outstanding issues at Finch Farm.
Letter dated October 21, 2005 was received from JNEI re. Carriage Hill Estates, King Street.~ Mr. Schmid noted he reviewed the revised stormwater management plan and found it conforms to Planning Board rules and regs.
Copy of letter, dated October 20, 2005, from Bohler Engineering to North Raynham Water District re. modified stormwater quality units at the Rte. 138 Wal-Mart was received.~ After discussion, Board members agreed they had no problem with the requested change.~ No action was taken
7:05 p.m. - Public hearing for Roger's Way subdivision (off North Main Street) was reconvened.~ Mr. McCarthy informed the Board that Town departments and the applicant are working towards a final plan for the roadway.~ Motion was made to continue the hearing to December 22, 2005, 7 p.m.; motion seconded; motion passed by~ unanimous vote.~ Hearing was continued to December 22, 2005, 7 p.m.
7:08 p.m. - The Board went into Executive Session to discuss pending litigation between Town of Raynham and Russell Grabeau.
7:15 p.m. - Regular meeting was reconvened.
7:16 p.m. - Public hearing for Rte. 44 Gas Site Plan was reconvened.~ Benjamin Delaney appeared before the Board and informed the Board he is working with his neighbors towards a better site plan.~ Mr. Delaney requested the hearing be continued.~ After discussion, motion was made and seconded to continue the Rte. 44 Gas site plan hearing to December 8, 2005, 7:30 p.m.; motion passed by unanimous vote.~ Mr. Delaney signed an Extension of Time-to-Act
7:25 p.m. - Mr. McCarthy presented a proposed modification to the approved Sullivan School/Town Hall site plan.~ Correspondence, dated October 14, 2005, was received from Paula Thompson, P.E., Waterman Design Associates, describing the proposed modifications. Review correspondence dated September 28, and October 18, 2005 was received from JNEI.~ Mr. McCarthy updated the Board on the status of the plan, noting the plan went before the Conservation Commission since its September 22nd approval by the Planning Board and there was discussion of future expansion.~~~
John Schmid informed the Board he reviewed the modified plan with the waivers and revisions incorporated and he had no objections to the plan.~ Mr. McCarthy stated the plan will be going back to the Conservation Commission.~ He noted the Commission likes the idea of the permeable pavers for parking area and the rain guard system as proposed.~ He also noted a chain link fence at the back of the site will be removed and replaced with plantings.
After discussion, motion was made to approve the minor modification shown on the plan entitled "Permitting Plans for Town Offices William Sullivan School," prepared~ by Waterman Design Associates, dated August 17, 2005, last revised October 14, 2005; motion seconded; motion passed by unanimous vote.~ Certificate of Action will be issued.
7:31 p.m. - General Discussion:~ Mr. Fountain brought up for discussion a zoning case involving the Town of Hadley and subdivision phasing. During discussion, Board members questioned whether or not Raynham's Master Plan is being implemented.~ Mr. McCarthy informed the Board that several items in the Master Plan have been completed, such as:~ the Open Space and Recreation Plan was created;~ two attempts to increase lot size were made but rejected at Town Meeting;~ Phasing By-law was adopted;~ Community Preservation Act was proposed but rejected at Town Meeting.
General Discussion:~ the Board discussed possible benefits of porous pavement.~ It was noted that the pavement has had mixed results when used because it is not the strength of traditional asphalt and it has higher maintenance.~ It was noted the pavement was considered for use at the new Town Hall but permeable pavers were chosen instead.
General Discussion:~ Improvements being done to North Main Street were discussed.~ It was noted that sidewalks will only be located where they presently exist and no new sidewalks will be added to North Main Street.~ After discussion, it was agreed Mr. McCarthy will send a letter to the Selectmen advising them the Board believes sidewalks are necessary on North Main Street.
7:45 p.m. - Public hearing for Karen's Way subdivision (off Robinson Street) was reconvened.~ Request for continuance,~ dated October 27, 2005, was received from K & J Engineering.~ It was noted revisions were being made to the plan.~ After discussion, motion was made and seconded to continue the public hearing to November 16, 2005, 6:45 p.m.; motion passed by unanimous vote.
General Discussion:~ Board members discussed the acceptance of Village Road as a Town way.~ John Schmid submitted a Memo dated October 27, 2005 informing the Board that he conducted a site visit and review of the plan, and it appeared the road was stable, street signs were in place, the basin looked stable and he had no concerns with the roadway.~ Mr. McCarthy informed the Board that Mr. Stolte had no outstanding issues and also that the police department had no record of speeding incidents on the road.~ After discussion, motion was made that based on JNEI review and recommendation that everything was in order at the road, the Planning Board recommend the acceptance of Village Road as a Town way; motion seconded; motion passed three votes in favor, Mr. Gallagher not present at the time of vote.
8:00 p.m. - Public hearing for Lot 5, Forge River Parkway was reconvened.~ Nyles Zagar, P.E., Outback Engineering, and applicant George Turner were present.~ Mr. Turner informed the Board he had with him the original traffic study done for Village Road and the only addition to the site since the study was done was the daycare center.~ He submitted a copy of a purchase and sales agreement for Overstreet and Pechulis properties.~ Mr. Turner noted Addendum A contained an acknowledgement of the business park area.~ He informed the Board the documents were signed and recorded for every house in the Village Road 40B residential development, and the information was also in each deed.
Board members and Mr. Turner discussed the issue of a window for the building front.~ Mr. Turner stated it would be a nuisance to have a window in the front of the building and Board members noted it was a requirement of the site plan rules and regs.~ Mr. Zagar informed the Board there was sufficient parking area and adequate spaces are being provided.~~ Mr. Zagar submitted a copy of the photometric plan, noting that waiver request could now be eliminated.~
John Schmid stated the photometric plan indicates some back areas need to be below the 8 foot-candle maximum allowed and other areas on the photometric plan need to be shown to the outer perimeter of the lot.~ Mr. Canto stated there should be minimal lighting at least in the front of the building for safety reasons.~ Mr. Turner noted the building will be lit with wall paks.~
Board members and Mr. Turner discussed landscaping in the front of the building in lieu of a window or false window.~ Mr. Turner stated he would be using maple trees similar to the trees on Village Way.~ After discussion, it was agreed there would be a combination of trees and shrubs in the front of the building for aesthetics.~ Board members and Mr. Turner discussed the snow stockpiling area.~ It was agreed the area should be moved to preserve the landscaping in front of the building.
After discussion, it was agreed the building sign would either be located on the north side of the driveway or eliminated and put on the building, and if the sign is located on the north side of the driveway, a tree will be eliminated; it was noted the sign must be 12 feet off the roadway.
During discussion, it was noted the traffic study Mr. Turner had for the development would suffice so the need for that waiver request is eliminated.~~During discussion, it was noted the posted speed limit in the park was 30 mph.~ It was also noted the issue with the neighbors was resolved with the submittal of the P & S agreements; the bollards will be a two feet kneewall, at minimum; the elimination of the handicap parking space at the front of the building will require a waiver; the snow removal area will be relocated to accommodate vegetation in the front of the building; the building sign, if any, will not be illuminated; wall paks are acceptable as lighting but they must meet requirements and have shields.~~ Mr. Turner informed the Board the site lights went on at 4:30 a.m. and went off at 9 p.m.
Mr. Canto read the waiver requests into the record.~ It was noted the photometric plan waiver request and traffic study waiver request were withdrawn.~ After discussion, it was agreed the waiver request list would be revised.~
Mr. Fountain asked if anyone had any comments or questions.~ There was no response, and the Board noted no neighbors were present.
After discussion, the hearing was continued to Wednesday, November 16, 2005, 7:20 p.m.
8:38 p.m. - Public hearing for Metro Ford-Mazda, 1649 - 1651 Rte. 44, site plan was reconvened.~ Correspondence dated October 21, 2005 was received from Brian Dunn, project consultant, Fuss & O'Neill, and letter dated October 27, 2005 was received from JNEI.~ Mr. Dunn presented the revised plan and reviewed it for the Board.~ He noted~ there will be a new building for Mazda service, there will be two curb cuts at the site with the existing large access being eliminated, new landscaping is proposed, 22% green space is proposed, septic system will be upgraded, paved swales along Rte. 44 will be eliminated and new drainage and grading will be installed, 25 foot buffer is proposed, the existing stocking area for cars is being doubled to accommodate additional inventory and a non-automated car wash is being provided.
Dominick Grieco informed the Board there is no unloading cars now from Route 44 and that will not change.~ He noted delivery times are random and there will be an area for truck unloading, which usually takes twenty minutes maximum.~ Mr. Fountain stated he would like a designated area for unloading shown on the plan even though it need not be marked out on the lot.
John Schmid informed the Board that waiver requests were the only outstanding issues.~ He noted item No. 17 in his October 27, 2005 letter should be deleted because it no longer applied.
Mr. Fountain asked if anyone had any comments or questions.~ Jack Pillsbury, an abutter, said he had no issues and applicants were good neighbors.~ The public hearing was closed. ~
Motion was made to approve waiver requests from Sections 5.1.4; 5.1.5; 5.4; 5.4; 5.4; 5.6.2; 5.7.6; motion seconded; motion passed by unanimous vote.~
Mr. Schmid informed the Board the site lighting complies with regulations.~ Proposed conditions of acceptance were discussed.~ After discussion, it was agreed conditions will be added to the Certificate of Action that offloading area will be designated on the plan but not required by permanent markings on the lot and the Board will reserve the right to revisit the hours of site lighting at anytime if deemed necessary.~ Motion was made to impose the conditions as discussed by the Board; motion seconded; motion passed by unanimous vote.~ Motion was made to approve the site plan entitled "Metro Ford-Mazda Proposed Building Renovations Site Plan Approval, Raynham, Massachusetts," prepared by Fuss & O'Neill, Providence, RI, plan dated August 2005, last revised October 20, 2005; motion seconded; motion to approve passed by unanimous
vote.~ Certificate of Action will be issued.~
9:10 p.m. - Steve Feedler appeared before the Board on behalf of Tim Horton Quick Service Restaurant to discuss possible location of their business at 999 Broadway.~ Property owner Mr. Blye was present with Mr. Feedler.~ Mr. Feedler explained he wishes to locate a 3,080 square feet building with drive-through window on the 27,000 square feet lot and reduce the existing two curb cuts to one.~ He noted the use is allowed by zoning but a special permit would be needed for the drive-through.~
During discussion of the proposal, it was noted the site is below grade from the abutting property and water problems and wetlands have been created over the years as a result.~ Mr. Schmid explained the 25 feet no-touch policy of the Raynham Conservation Commission.
After discussion, Board members agreed the site had major Conservation issues, the site was tight for locating the building and drive-through even without Conservation issues.~ They suggested Mr. Blye settle the Conservation issues before proceeding with a plan.~ Mr. Blye stated he was suffering damage from abutting properties.~ Board members agreed they could not resolve those issues.~ No action was taken.
There was no further business and the meeting adjourned at approximately 9:35 p.m.
Respectfully submitted,
Raynham Planning Board
Chris Gallagher, Clerk
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