Town of Raynham, Massachusetts
558 South Street, Raynham, MA 02767
ph: 508.824.2707
Planning Board Minutes September 28, 2006
The Raynham Planning Board held a meeting on Thursday, September 28, 2006, at Raynham Town Hall. The meeting opened at 6:30 p.m. with Daniel Andrade, John Canto, Henry Ellis, and Burke Fountain present. Also present was Town Planner Richard McCarthy.

6:35 p.m. – North Light/Rte. 44 Site Plan (1555 New State Highway) – Mr. Andrade noted that the requested waivers and the special permit for the drive-through window were approved at the last meeting and that Mr. McCarthy has prepared a Certificate of Action.

Mr. Fountain motioned to grant the site plan approval subject to all of the conditions in the proposed Certificate of Action dated September 28, 2006; second by Mr. Ellis.  Mr. McCarthy requested Mr. Andrade’s signature be on the Certificate of Action because Mr. Gallagher, who is the clerk, is not present to sign.  Mr. Canto questioned condition number 4 regarding erosion control.  

After discussion, it was agreed the condition will remain as is and the Board will refine wording for erosion control and other revisions in the future.  Vote was taken on the motion to approve the site plan:  motion passed by unanimous four votes in favor.

6:40 p.m. – Delaney/Rte. 44 Gas site plan:  Letter dated September 27, 2006 was received from Bo Delaney, Delaney Group, Inc., requesting the Delaney/Rte. 44, (1375 New State Highway), site plan be withdrawn without prejudice.  Mr. Andrade motioned to allow the plan to be withdrawn without prejudice; Mr. Ellis second; motion passed by unanimous votes (4).  Mr. McCarthy said he will advise Mr. Delaney to send a written request for refund of remaining project fees.

6:45 p.m. – Mastria Nissan (1305 New State Highway) Site Plan Modification:  Tom Pozerski, P.E., Hayward-Boynton & Williams, Taunton, MA, appeared before the Board with a proposed modification to the approved Mastria Nissan site plan.  Mr. Pozerski explained that a landscape island will be eliminated from the plan.  He noted the change is being made for snowplowing purposes.  He informed the Board that no tree or shrub plantings will be eliminated and the 5% interior landscaping requirement will still be met.

Mr. McCarthy advised that John Schmid has seen the plan and does not have a problem with it.

After review and discussion, Mr. Fountain made a motion to approve the plan entitled “Proposed Layout/
Landscaping, Lot 18, Cape Highway (Route 44) Raynham, MA,” dated January 25, 2006, revised through May 30, 2006, as a minor modification to site plan approval; second by Mr. Ellis; motion passed by unanimous vote.  Board members signed the modified plan.

6:55 p.m. – Coletti’s Site Plan Modification:  Letter dated September 22, 2006 was received from Paul A. Patenaude, P.E., Taunton, MA, requesting a continuance of the meeting for a proposed minor modification to Coletti’s Market site plan at 458 and 470 North Main Street.  After discussion, Board members agreed to continue the matter to October 12, 2006, 8 p.m.   No testimony was taken.

7:00 p.m. – Bella Estates Site Plan/Special Permit:  The public hearing for Bella Estates (located off Hill Street) was reconvened.  Letter dated September 28, 2006 was received from Attorney Robert A. Shelmerdine, Sharon, MA, requesting a continuance of the public hearing.  Applicant was not present.  During discussion, it was noted that Mr. Fountain will not be voting on the matter and Mr. Gallagher is not present tonight so the public hearing had to be continued.

Ann Avellino, 370 Hill Street, questioned why the Board did not advise the public prior to a matter being continued in order to save residents the trouble of unnecessarily attending the meeting.  Mr. McCarthy explained the Board’s firm policy is not to advise a hearing is continued before the Board votes on a continuance at a public hearing.

Gary Smith, Hill Street, also addressed the Board, regarding the matter of continuing the hearing.
After discussion, the Bella Estates public hearing was continued to October 12, 2006, 7:40 p.m.  No testimony was taken.

7:10 p.m. – Greyhound Preliminary Subdivision Plan (Rte. 138) public hearing was reconvened.  Correspondence dated September 27, 2006, was received from Michael P. Morizio, Attorney for Massassoit Greyhound Association, Inc.  Applicant was not present.  After discussion, the hearing was continued to November 9, 2006, 7 p.m.

During discussion, it was noted the Board will be missing a meeting in November due to Thanksgiving.  Mr. McCarthy noted that if there is a need, the Board could schedule a meeting on November 30, 2006.

7:15 p.m. – Silko Honda Site Plan Minor Modification:  Ira Silverlieb, President of Silko Honda, appeared before the Board to request a minor modification to Silko Honda site plan by deleting a tree from the plan and providing additional plantings at the building.   Memorandum dated September 27, 2006, re. Silko Honda As-Built Review, was received from JNEI.   
Mr. Andrade noted he viewed the site today and he agreed with JNEI’s assessment that the location of the tree in question would impede facility operations.

Mr. Ellis and Mr. Fountain stated that the applicant should submit a written request for the modification.  Mr. Silverlieb then submitted a written request.  Mr. Andrade made a motion to approve the removal of the one tree in question from the plan; second by Mr. Fountain; motion passed by unanimous vote.  Certificate of Action will be issued.

General Business:  Minutes of September 14, 2006 were received.   Mr. Fountain made a motion to waive the reading and approve the minutes as printed; second by Mr. Andrade; motion passed by unanimous vote.

7:25 p.m. – The Homestead Definitive Subdivision:  The public hearing for The Homestead (located off Mill Street) was opened.  Mr. Fountain read the hearing notice.  Letter dated September 26, 2006 was received from Marc Tisdelle, P.E., requesting a continuance of the public hearing.  After discussion, the hearing was continued to October 12, 2006,
6:40 p.m.  No testimony was taken.

7:30 p.m. – 407 South Street East/Bollin Site Plan public hearing was reconvened.  Dan Aguiar, P.E., Sitec Engineering, New Bedford, MA, was present along with applicant Kenneth Bollin.  

Mr. Aguiar explained that he met with the Town Planner and Building Commissioner regarding screening issues and the plan now provides 25-foot screening areas in several areas on the site.  He also noted that a five-foot vinyl, stockade type fence is provided on top of a one-foot berm.  Mr. Aguiar explained that a 25-foot screening area is provided along the southerly property line beyond the existing residential building and that a white vinyl fence will also be provided.

Mr. Aguiar noted that the parking requirements are met and the back driveway will be crushed stone.  He reminded the Board that one building will be constructed first and the area where building two is shown will be designated as a stockpile area for Mr. Bollin’s landscaping business.  He noted a second stockpile area is designated for use after building two is constructed.

Keith Wrigley, 429 South Street East, addressed the Board.  He stated he preferred a solid line fence rather than a fence with one-foot of lattice at the top and he questioned why the berm is one foot.  Mr. Andrade explained that the Board determined the best protection would be a one-foot berm with the fence on top.  Mr. Andrade noted the Board did not have a preference over lattice or non-lattice fence.

Mr. Wrigley stated that privacy is his main concern.  After discussion, Board members agreed to a one-foot berm with six-foot fence along Mr. Wrigley’s property line.

Mr. Donnelly, South Street East, questioned the location of the fence along his property line.  Mr. Aguiar explained the plantings and fencing that will be provided.  Mr. Donnelly questioned why the fence would end at this house and not go the length of the property line.  Mr. Aguiar explained that the Building Commissioner determined the residential use of the property ended after the house and before the existing retail use.  Mr. McCarthy noted that part of Mr. Donnelly’s back yard was used as parking for his retail business so the Building Commissioner determined the screening should be located at the residential use of the property.

Site lighting was discussed.  Mr. Aguiar noted wall pak lighting would be on the buildings and the lighting will comply with the site plan parking requirements.  Mr. Aguiar noted no light poles will be erected.  

Mr. Aguiar described the drainage plan for the site.  Mr. Aguiar explained the parking area and driveway area.

Mr. Andrade read into the record the list of proposed conditions of approval.  Board members agreed that the plan is subject to JNEI review and approval prior to endorsement.

There was no further discussion and the public hearing was closed.  Mr. Andrade made a motion that the site plan prepared by Sitec Engineering, for “407 South Street East,” dated August 15, 2006, last revised September 23, 2006, is approved as presented to the Board and subject to final review by JNEI; second by Mr. Fountain; motion passed by unanimous vote.

8:00 p.m. – 1680 Broadway/Raymond Site Plan public hearing was reconvened.  Applicant Dave Raymond appeared before the Board with the proposed site plan.  The building plan was reviewed.  

After discussion, Board members agreed the color of the building will be beige.  Board members requested that a proper locus map and a Town Clerk signature block be shown on the plan.

Mr. Andrade read into the record the proposed conditions from the Certificate of Action.  He advised Mr. Raymond to provide a copy of the Certificate of Action to contractors working on the building.

After discussion, Mr. Fountain made a motion to approve the “Site Plan Located at 1680 Broadway, dated June 28, 2006, revised through July 25, 2006,” prepared by Outback Engineering, Middleborough, MA, as presented; second by Mr. Andrade; discussion followed to confirm the condition that all site plan rules and regulations are waived except as shown on the referenced plan; vote was then taken and the motion to approve passed by unanimous vote.  Mr. Raymond was advised there is a 20-day appeal period before the plan can be endorsed.

8:15 p.m. – Berry Hill ARC minor modification:  Fred Clark appeared before Board on behalf of Mirrione Realty Trust, Easton, MA.  Mr. Clark requested the matter be continued.  After discussion, the matter was continued to October 12, 2006, 6:35 p.m.

General Business:  Letter dated August 31, 2006 was received from Turner Bros., LLC, requesting release of bond and review funds for Creative World site plan.  After discussion, the Board agreed to have John Schmid conduct a site visit to determine compliance.  The matter was tabled to the next meeting.

Correspondence dated September 27, 2006 was received from Town Administrator Randall A. Buckner requesting the Board’s recommendation on acceptance of Fair Lane and Finch Farm.  After discussion, Board members agreed to request that John Schmid conduct site visits to determine compliance.  The matter was tabled.

Letter dated September 26, 2006 was received from MPM Builders requesting reduction in surety bond for Fair Lane Estates.  The matter was tabled until John Schmid conducts a site visit.

Memorandum, dated September 27, 2006, was received re. Silko Kia As-Built Review.  No action was taken.

There was no further business and the meeting adjourned.

Respectfully submitted,

Chris Gallagher, Clerk