The Raynham Planning Board held its regular meeting on March 9, 2006, at Raynham Town Hall.~ The meeting opened at 6:35 p.m. with Dan Andrade, Burke Fountain, John Canto, Chris Gallagher and Henry Ellis present.~ Also present was Town Planner Richard McCarthy, John Schmid of Judith Nitsch Engineering (JNEI) and Administrative Assistant Maureen McKenney.~
The meeting opened with Board members discussing the format for scheduling of public hearings.~ After discussion, it was agreed to return to the original format of scheduling public hearings at individual times rather than continue with grouping the public hearings in time slots and also to schedule no public hearings after 9 p.m.
6:37 p.m. - Tony Esposito, P.E., Outback Engineering, presented a Form A plan for land on Carriage Hill Drive.~ Mr. Esposito explained that previously outstanding issues on the plan were corrected.~ The proper filing fee and paperwork were submitted.~ After review, motion was made to approve the plan entitled "Plan of Land on Carriage Hill Drive In Raynham, Massachusetts, Date:~ March 3, 2006," prepared by Outback Engineering, Middleborough, MA; motion seconded; motion passed by unanimous vote.~ Mr. Gallagher signed the plan.
6:40 p.m. - Attorney Ed Brennan, Taunton, MA, and Paul Bumila, Raynham, MA, appeared before the Board to discuss a six-acre parcel on Tearall Road owned by Mr. Bumila.~ Attorney Brennan explained a Form A plan cannot be created for this parcel and the land cannot be subdivided but Mr. Bumila would like to submit a "road improvement" plan as a way to improve a portion of Tearall Road so he can access his property and build one house.~ Mr. Bumila noted the property would be served with a water main, sewer main and a gravel drive.~~
During discussion, it was noted another property owner had previously been before the Board for a similar matter but was ultimately advised to work with abutting property owners to improve the roadway.~ Mr. Andrade stated he felt the proposed plan would be acceptable if Tearall Road is built out to accommodate police and fire vehicles.~ Mr. Bumila stated he could not bear all the expense of the improvements but that other property owners could follow suit and contribute to road improvements.~
After discussion, it was agreed Mr. Bumila would need to submit a more specific plan to further convince the Board.~ No action was taken.~~
7:00 p.m. - Neil Curran, representative for Steve Devlin Construction, Marston, Mills, MA, appeared before the Board to discuss proposed improvements to the Great American Pub (GAP) on Broadway and to request that site plan approval for the project be waived.~ Mr. Curran submitted a proposed floor plan for the pub's interior and he explained that a smoking deck will be added to the rear of the building.~ During discussion, it was noted the interior seating will be reduced to 166 seats and the deck will displace some parking spaces but there will be 84 parking spaces remaining, which exceeds the requirements.
After discussion, motion was made to issue a negative determination of site plan review for the Great American Pub, 1736~~ Broadway, with the condition that the Raynham Building Commissioner determine that the restaurant's seating has been reduced as stated; motion seconded; motion passed by unanimous vote.~ Certificate of Action will be issued.
7:06 p.m. - Kevin Leverone, P.E., Highland Development, LLC, appeared before the Board on behalf of C.K. Smith Co. and the United Service Station, 593 Broadway (corner of Britton Street) site plan.~ Mr. Leverone explained the station is now closed but the owners plan to repipe and clean up the site so they can reopen.~ During discussion, it was noted the remediation station at the site is operating.~ Mr. Leverone explained that the underground tanks and the gasoline dispensers at the station will be replaced, the dumpster will be enclosed and the canopy lights will be replaced.
During discussion, it was noted that site lighting could be an issue because the site is close to residential dwellings.~ After further discussion, it was agreed that a limited site plan should be submitted for JNEI review and the neighbors should be informed there will be meeting on the plan.~ John Schmid requested that the remediation work be shown on the new plan.~ Mr. Leverone noted the plan is now being prepared for the ConCom.~
Board members discussed waiving site plan approval and having a scaled down review of the plan done by JNEI.~~ Mr. McCarthy informed the Board that everything on the new plan will not be the same as on the previous remediation plan.~ He noted lights will be added to the site, the canopy will be changed and the dumpster will be enclosed.~ He also noted the service station is close to a residential dwelling.~ After further discussion, motion was made to proceed with a limited site plan as discussed and to inform the neighbors a hearing will be held on the plan; motion seconded; motion passed by unanimous vote.~~
7:18 p.m. - Public hearing for Delaney/Rte. 44 Gas (corner of Hill Street) site plan was reconvened.~ Owner and applicant Bo Delaney appeared before the Board and submitted a revised site plan.~ He explained the plan has been revised to show one entrance to the site from Route 44.~ During discussion, it was noted that abutter Jack Pillsbury has granted an easement to Mr. Delaney and the easement is between the parties involved but it must still be reviewed by the Board and recorded at the Registry of Deeds.~ During review of the plan, it was noted the front area of the site has been reconfigured with a stacking area for 13 cars and also that signage will be needed for on-site traffic flow.~~~
Mr. Canto stated he will be abstaining from voting on the plan due to potential conflict.~ After discussion, Board members agreed they liked the revised plan.~ Mr. Delaney stated he will go forward with finalizing the plan for the Board's approval.~ After discussion, the public hearing was continued to May 25, 2006, 7 p.m.~ Extension of time-to-act was granted to September 28, 2006.
7:30 p.m. - Attorney Ed Brennan, Taunton, MA, appeared before the Board on behalf of North Light Realty Trust and applicant~Vittorio Artiano, for a request for reapplication for a special permit for a drive-through window at the Route 44 locus.~ Attorney Brennan noted the Planning Board previously denied the special permit request so a 4/5 favorable vote from the Planning Board is now needed to allow Mr. Artiano to reapply for the special permit.~ Attorney Brennan noted the burden for the reapplication is that special and material changes have been made to the plan.
Attorney Brennan explained the revised site plan, noting the 5,000 sq. ft. building has been downsized to 4,000 sq. ft., the seating has been reduced from 90 seats to 50 seats and the prospective tenants are now identified as Dunkin' Donuts and Avis car rental. Attorney Brennan discussed the proposed landscaping and the loading dock on the adjacent building.~ He noted that a barrier is proposed between the two adjacent lots.
Jeff Jones, representative for Coletti Realty/Gotschalk's (1585 Rte. 44), addressed the Board and stated he felt there was no significant change in the plan and there is no reduction in depth of the proposed building.~ He noted the traffic issues on Rte. 44 were not addressed and a retention wall for the Coletti Realty's property line was not addressed.~~~~~
Mr. Andrade noted the issue before the Board tonight was whether or not there were enough changes to the plan.~ He noted the reasons for the denial of the first plan included unknown uses at the site and traffic flow concerns at the front of the site.
Jim Coletti addressed the Board and stated the proposed plan is not beneficial to the Town or to the abutters and there are unrelated businesses sharing a driveway and insufficient storage spaces for vehicles at the car rental site.
Mr. Andrade explained those types of concerns would be addressed at a public hearing.~ Mr. Jones stated the plan is based on greed. Henry Ellis asked Mr. Jones what the standard of material change is according to case law.~ Mr. Jones said he did not know.
After discussion, motion was made that the Board has found there is change in the proposed plan substantial to warrant reapplication; motion seconded.
Mr. Canto noted the change was not real substantial and this is a tight site.~ Mr. Gallagher noted the Board is not voting for approval but only to allow reapplication.~ Vote was taken on the motion as seconded:~ Mr. Andrade, Mr. Gallagher, Mr. Fountain and Mr. Ellis voted yes; Mr. Canto voted no.~ Mr. Ellis noted the vote is only to allow reapplication and it is not a yes vote for the plan.
7:50 p.m. - Public hearing for Bassett Knoll preliminary subdivision plan was reconvened.~ Mike Carter, GCG Associates, appeared before the Board along with Peter Dillon and owner/applicant Donald Shute.~ Erika Uberbacher, conservation commission agent, was also present.
Mr. Carter informed the Board there are isolated wetlands on the site but they are not within the ConCom's jurisdiction.~ Ms. Uberbacher agreed with that.~ Mr. Carter explained the site is 137 acres and would have 68 lots as a conventional subdivision plan.~ He noted the Open Space plan shows 75 lots with 7 affordable units included, the conventional plan has 9,020 sq. ft. of roadway and the Open Space plan has 5,200 sq. ft. roadway.~ Ms. Uberbacher noted the Open Space plan is better for stormwater control and phasing.
Donald Shute addressed the Board and stated his goal is to build smaller homes on smaller lots and the savings in road costs with an open-space plan will allow him to build the smaller houses.~ Board members and Mr. Shute then discussed the affordable houses and Mr. Shute stated he would like to build the affordable units himself rather than give the affordable housing funds to the town.~
Mr. Gallagher noted he likes the plan but he wants the brook in the area to be protected.~ He asked for more buffer for the houses on Locust Street.~ Ms. Uberbacher discussed the no-cut area and suggested there be a post and rail fence along the no-cut area.
After discussion, it was agreed the number of conventional lots must still be determined.~ Mr. McCarthy noted the Board could approve of the open space concept with the number of lots to be determined.~ The Board and Mr. Shute discussed limiting the square footage of the houses.~ After discussion, the Board agreed they approved of the preliminary plan with a 2,000 square foot limit for the houses being built.~ Mr. Shute agreed to the square footage limit of the houses.
8:30 p.m. - Public hearing for 2 Richard Street (off Broadway) site plan was reconvened.~ Richard Riccio, P.E., Field Engineering, was present on behalf of applicant Honaria DaSilva-Kilgore.~ Letter dated
March 9, 2006 was received from Roger Stolte.~ Mr. Riccio reviewed the revised plan for the Board, noting that three parking spaces had been eliminated and six arborvitaes and two wall pak lights were added to the plan.~
Waivers were discussed.~ Motion was made to approve the waivers requested from Sections 4.22, photometric plan; 4.22, Traffic Impact Statement; 5.12, landscape strip around building; 5.15, tree diameter; 5.6.3, overhead utilities and 6.9 Development Impact Statement; motion seconded; motion passed with four votes in favor and Mr. Fountain abstained.~
Signage was discussed.~ Mr. Riccio stated the proposed sign will not be internally lighted.
Motion was made to approve the plan entitled "Plan To Accompany Site Plan Review Application Honoria DaSilva-Kilgore, 2 Richard Street Raynham, Massachusetts," dated December 15, 2005, last revised March 7, 2006, with conditions as discussed; motion seconded; motion passed four votes in favor and Mr. Fountain abstained.~ Certificate of Action to be issued.~~
8:43 p.m. - David Belanger, Raynham, MA, appeared before the Board to discuss the possibility of a Transfer of Development Rights (TDR) subdivision for property on Pleasant Street and White Street owned by Romani.~ The Board discussed the TDR by-law with Mr. Belanger.~ During discussion, it was noted there is a strict interpretation of the by-law and that no structures can be added or changed on the protected parcel and the idea of the by-law is not to protect business interests.
Mr. McCarthy noted the question for the Board was whether or not they wanted to entertain the idea of a TDR for this property.~ After discussion, Board members agreed they were not abandoning the TDR by-law but they were not sure if these sites meet the intent.~ No action was taken.
9:10 p.m. - Steve Hanson presented the Karen's Way subdivision plans for endorsement.~ Endorsement approval letter dated March 9, 2006 was received from JNEI.~ Board members endorsed the plans.
9:15 p.m. - Dave Raymond, Raynham, MA, appeared before the Board to discuss a proposed 70 ft. x 80 ft. garage for his trucking business at 1680 Broadway.~ He noted the property is approximately 1 acre with 120 feet frontage and is zoned industrial.~ After discussion, the Board determined site plan review will be needed.~ They informed Mr. Raymond that he will need a simple plan but it must be reviewed by JNEI.
9:18 p.m. - Joe Arruda, Raynham, MA, appeared before the Board to discuss Byron's Way subdivision plan (off Robinson Street).~ He requested a refund of the filing fees Mr. and Mrs. Byron submitted for their subdivision plan in view of the fact that they are now revising the approved plan from three lots to only one lot.~ Mr. McCarthy informed the Board he consulted with the town accountant and was told the funds previously submitted by the Byron's can be released back to them at this time.~ After discussion, Board members agreed a minor modification plan for one lot must be submitted.~ After further discussion, Board members agreed there will be no fee for the minor modification and the Board will consider refunding $12,000 of the filing fee.~ No action was taken.
9:30 p.m. - Raynham Building Commissioner Rod Palmer appeared before the Board to discuss a proposed citation by-law to be submitted for approval at the Annual Town Meeting.~ Mr. Palmer explained the by-law will involve tickets with fines being issued for zoning violations.~ He noted the tickets may be appealed in Superior Court.~ Mr. Palmer explained he will issue tickets only after all attempts to resolve an issue have failed.~ He noted this by-law has been implemented in other towns and is successful.~ After discussion, Board members agreed they were in favor of the proposed by-law.
Town Planner Richard McCarthy discussed a proposed zoning by-law to eliminate the 20-day appeal period for site plan approval as a way to make the building permit process easier and quicker for applicants.~ After discussion, Board members agreed to a five-day appeal period for site plan approval being implemented.
Mr. Palmer briefly discussed changes to the 'home occupations' section of the by-law.~ He noted the by-law does not accurately reflect the home occupations of today and he is considering changes to the by-law.~ Board members and Mr. Palmer briefly discussed changes to the by-law.~ The Board took no action.
General Business:~ Minutes of February 9, and February 23, 2006 were received.~ Motion was made to waive the reading and to approve the minutes; motion seconded; motion passed by unanimous vote.
Motion was made to schedule a public hearing on March 30, 2006, 5:30 p.m. for proposed zoning amendments; motion seconded; motion passed by unanimous vote.
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General business:~ Memorandum dated March 6, 2006 was received from JNEI regarding the as-built plan for Noblin/Campbell office building, Rte.44 and Commerce Way.~ No action was taken.
Letter dated February 23, 2006 was received from Paul S. Medeiros, Bank Five, Fall River, regarding Finch Farm, LLC, Performance Secured By Lender's Agreement.~ No action was taken.
There was no further business and the meeting adjourned at 10:30 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
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