The Raynham Planning Board held its regular meeting on April 27, 2006, at Raynham Town Hall.~ The meeting opened at 6:30 p.m. with Daniel Andrade, Burke Fountain, John Canto and Chris Gallagher present.~ Also present was Raynham Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.
First matter on the agenda was reorganization of the Board after the annual election.~ Motion was made to retain the Board as it stands with Daniel Andrade as Chairman, Burke Fountain as Vice-Chairman, Chris Gallagher as Clerk and John Canto as SRPEDD representative; motion seconded; motion passed by unanimous vote.~ Motion was then made for John Canto to serve as the Board's Capital Planning representative and Henry Ellis as the Board's Tax Increment Financing representative; motion seconded; motion passed by unanimous vote.
6:40 p.m. - Rob Carey, Raynham Sewer Department, appeared before the Board with a Plan of Taking for a pumping station on South Street East.~ Mr. Carey explained the land is being taken from land on South Street East owned by Bumila.~ Conservation Commission Agent Erika Uberbacher was present and informed the Board the plan is presently before the Conservation Commission and no problems are anticipated.~ After review of the plan, motion was made to waive the filing fee; motion seconded; motion passed by unanimous vote.~ Motion was then made to accept the plan entitled "Plan of Property Taking To Be Acquired For Proposed South Street East Pump Station Upgrade Town of Raynham, Massachusetts, prepared by Tighe & Bond, Westfield, MA, dated February 28, 2006," as an Approval Not Required plan; motion seconded;
motion passed by unanimous vote.~ The plan was endorsed.
6:46 p.m.~ - Rob Carey of Raynham Sewer Department appeared before the Board with a modification to the approved Sewer Department building site plan.~ During discussion, it was noted the approved site plan was not endorsed but a building permit was issued and the building is completed. During discussion it was noted that the project is in substantial compliance with the approved plan with the exception that some deletions were made from the plan for cost savings.~ Mr. Carey explained that lights, light poles and a flagpole were omitted from the project.~ Mr. McCarthy informed the Board that no complaints were received from anyone in the area regarding the site lighting.~
After review of the modified plan, motion was made to accept the minor modification calling for the deletion of site lighting, light poles and the flagpole; motion seconded.~ Motion was then made to amend the motion to allow the flagpole to be added back to the plan at a later time without further review by the Board; motion to amend was seconded; motion to amend passed by unanimous vote.~ Motion was made and seconded to approve the motion as amended; motion passed by unanimous vote.
6:50 p.m. - General Business:~ Judith Nitsch Engineering, Inc., invoice dated~January 28, 2006, for 1958 Broadway site plan was discussed.~ Mrs. McKenney informed the Board that Attorney Morrizzio wants to discuss the invoice with a Board member.~ After discussion, it was agreed to send a letter to Attorney Morrizzio that he should appear before the Board at a meeting if he wants to discuss the bill.~~
7:00 p.m. – Request for refund of filing fees for Byron's Way modified subdivision plan was discussed.~ After discussion, motion was made to refund to Raymond and Araxy Byron $12,000 from their definitive subdivision plan filing fee; motion seconded.~ Mr. Fountain asked if there were outstanding issues.~ Mr. McCarthy noted the plan should have a Robinson Street address to avoid confusion with any other street names. Mr. Fountain stated he wants the modified plan recorded and cross-referenced with the original approved plan.~ After discussion, motion was made to amend the original motion that the fees be refunded subject to proof of the modified plan being recorded; motion to amend seconded; motion to amend passed by unanimous vote.~ Motion was made and seconded to approve the motion as amended; motion
passed by unanimous vote.~
Mr. McCarthy stated he will inform Building Commissioner Rod Palmer that the plan should have a Robinson Street address.~
7:05 p.m. - Public hearing was opened for Richmond Street waiver of frontage plan.~ Mr. Gallagher read the hearing notice.~ Attorney David Gay, Taunton, MA, and Tom Pozerski, P.E., Hayward-Boynton & Williams, Taunton, MA, appeared before the Board with the plan.~ Attorney Gay explained the history of the land, noting it was donated to the Seventh Day Adventist Church many years ago and the church is now selling the property for one house lot with the remainder of the land to remain as conservation and Natural Heritage land.~ He noted there is 80 feet contiguous frontage on Richmond Street to be used as access. Mr. Pozerski also explained that the remaining land will remain in its natural state as agreed with Natural Heritage.
Correspondence from Roger Stolte, dated April 21, and April 27, 2006, regarding the proposed plan was discussed.
After discussion, motion was made to approve the plan entitled “Waiver of Frontage Plan of Land In Raynham, Massachusetts Owned By The Southern New England Association of Seventh-Day Adventists,” prepared by Hayward-Boynton & Williams, dated March 6, 2006; motion seconded; motion passed by unanimous vote.
General Business: Letter dated April 20, 2006 was received from Raynham Conservation Commission regarding snow storage areas being shown on Planning Board approved plans. During discussion of the matter, Board members agreed the snow removal issue is usually addressed during public hearings for a site plan but that snow removal should be made part of their regulations in the future. The Board also agreed that it is difficult to enforce snow storage removal areas. During discussion, Board members and Conservation Commission Agent Erika Uberbacher agreed it is the goal of both the Planning Board and the Conservation Commission to have the same set of approved plans being submitted for building permits.
7:30 p.m. – Public hearing for proposed zoning amendments to Raynham Zoning By-laws was opened. Motion was made to waive the reading of the entire public hearing notice; motion seconded; motion passed by unanimous vote.
After discussion, motion was made to recommend to Town Meeting approval of proposed amendment to Raynham Zoning By-laws Section 3.2, Raynham Zoning Map, to delete language and add language, as proposed; motion seconded; motion passed by unanimous vote.
After discussion, motion was made to recommend to Town Meeting approval of proposed amendment to Raynham Zoning By-laws Section 5.1 (h) Minimum Requirements, to insert new language, as proposed; motion seconded; motion passed by unanimous vote.
After discussion, motion was made to recommend to Town Meeting approval of proposed amendment to Raynham Zoning By-laws Section 5.4 Corner Lots, by deleting language and inserting new language, and by deleting entire Section 5.4 b., as proposed; motion seconded; motion passed by unanimous vote.
After discussion, motion was made to recommend to Town Meeting approval of proposed amendment to Raynham Zoning By-laws Section 6.3, Accessory Uses, by deleting language and inserting new language, as proposed; motion seconded; motion passed by unanimous vote.
After discussion, motion was made to recommend to Town Meeting approval of proposed amendment to Raynham Zoning By-laws Section 11.4.2, Water Resource Protection Overlay District, by deleting language and inserting new language, as proposed; motion seconded; motion passed by unanimous vote.
After discussion, motion was made to recommend to Town Meeting approval of proposed amendment to Raynham Zoning By-laws Section 13.2, Projects Requiring Site Plan Approval, by deleting language and inserting new language, as proposed; motion seconded; motion passed by unanimous vote.
Mr. McCarthy informed the Board he will be working with the water department to make Water Resource Zone II area Districts conform to DEP Zone II.
7:45 p.m. – Public hearing for Roger’s Way subdivision was reconvened. Applicant Shawn Cairns was present along with Attorney David T. Gay, Taunton, MA.
Mr. McCarthy explained to the Board that the roadway will remain as it now exists with no gravel or pavement being added and that the pond will be accessible to the public. He noted part of the fee in Roger’s Way will be given to the Town and another part of the roadway will be given to the Town as an easement. Ms. Uberbacher noted no additional upgrades are being made to the road in order to avoid further wetland disturbance.
During discussion of the plan, Mr. Gallagher suggested moving the gate further back to allow more parking area for cars. Ms. Uberbacher explained the gate location will be further discussed with Roger Stolte in order to determine the best location for maintenance. It was also noted the most recent plan will be sent to the police and fire departments for their review.
Mr. Andrade noted that because there will be no road improvements, the Board’s main concern now is proper access. After discussion, Board members agreed that if all Town departments approve of the revised plan, the plan would be acceptable to the Board. It was noted that a final, more detailed plan will be presented and Mr. Gallagher will review the plan instead of JNEI.
After discussion, the public hearing for Roger’s Way was continued to May 25, 2006, 6:35 p.m.
8:02 p.m. – Ron Turowetz, Easecat, Inc., and Dan Aguiar, P.E., Sitec, Inc., appeared before the Board to discuss proposed subdivision plan for Orchard Ave. Mr. Aguiar presented three different plans showing either two or three lots and he explained each to the Board. He noted there is presently a massive earth mound at the site, which would have to be completely removed if three subdivision lots are built but only a small area will need to be removed if the two-lot plan is pursued. He noted the earthen mound is clean fill from the Route 24 highway project and it now acts as a sound barrier from the highway.
After discussion, Board members agreed they preferred the two-lot, cul-de-sac plan with some improvements being made. Ms. Uberbacher agreed she preferred that plan also.
General Business: Letter dated March 28, 2006 from Dan Aguiar, P.E., Sitec, Inc., regarding Finch Farm Condominiums was discussed. Dan Aguiar was present and he informed the Board that he wrote the letter to the Board at the request of Michael Thiel’s father in order to clear up issues with the site plan. Dan Andrade noted he recently drove through the site and said he was not sure if it conformed to the approved plans. Mr. McCarthy noted Mr. Aguiar’s letter did not clearly address all outstanding concerns. After discussion, Board members agreed they will vote on releasing the surety bond at the next meeting if they receive written confirmation from JNEI that the site conforms to the approved plan.
General Business: Letter dated April 24, 2006 was received from Town Counsel Marc Antine regarding Demoulas Super Markets, Inc. v. Planning Board. After discussion, the necessary documents will be sent to Attorney Antine and Dan Andrade will meet with him regarding the matter.
Copy of letter dated April 20, 2006 from Highway Superintendent Roger Stolte to Chris Marchiselli regarding Fair Lane Estates was received. No action was taken.
Board members discussed setting a summer meeting schedule of one meeting per month. The matter was tabled to a later meeting.
John Canto informed the Board he will not be present on May 25, 2006.
There was no further business and the meeting adjourned at 8:40 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
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