Planning Board meeting of April 12, 2007 opened at 6:00 p.m.
Board members present: Daniel Andrade, Burke Fountain, Chris Gallagher, John Canto,
Henry Ellis (arrived 7:28 p.m.)
Not Present:
Also present: Town Planner Richard McCarthy, John Schmid, Nitsch Engineering, and Administrative Assistant Maureen McKenney
6:02 p.m. – General Discussion: John Noblin and Frank Campbell appeared before the Board to discuss a possible zoning by-law that would allow approved buildable lots to remain as buildable lots regardless of zoning changes enacted after a lot is approved.
After discussion, Board members agreed they were in favor of the concept of a by-law allowing a Planning Board approved lot on which a property owner has been paying taxes to remain a buildable lot regardless of subsequent zoning changes. Board members agreed the new by-law could apply to lots approved after 1962 when zoning by-laws were first adopted in Raynham. Mr. McCarthy agreed to gather information necessary for the proposed by-law. It was noted there will not be sufficient time to present the by-law to the May 2007 Town Meeting.
6:20 p.m. - Form A Tearall Road (located between Judson Street and Locust Street) - Paul Bumila, Raynham, MA, and his representative Attorney Ed Brennan, Taunton, MA, presented a proposed Form A plan for land on Tearall Road owned by Mr. Bumila. Mr. Andrade noted that all Board members present tonight were also present at the last Board meeting when the proposed plan was first discussed.
Attorney Brennan informed the Board that the plan was revised as suggested by the Board at their previous meeting. He noted all comments, notes and letter from other town departments were added to the plan.
After discussion and review of the plan, Mr. Fountain moved to approve the "Proposed Road Buildbout Site Plan" for Assessors’ Map 12, Lot 229, Tearall Road (rear Locust Street), Raynham, MA, drawn by Silva Engineering, Bridgewater, MA, dated January 17, 2007, last revised April 4, 2007, as a plan not requiring subdivision approval; second by Mr. Canto; motion passed by unanimous vote (4). Mr. Gallagher signed the plan.
6:25 p.m. - Terrier Way discussion – Board members briefly discussed the proposed plan to create Terrier Way and in turn eliminate two driveways exiting off North Main Street at the traffic lights at Tracy’s Corner. It was noted acceptance of the plan is on the Annual Town Meeting warrant. No action was taken by the Board.
6:30 p.m. - Public hearing for Awais Farms (located off Bridge Street) was reconvened: Mr. Andrade noted Mr. Ellis was not present yet and he asked the applicant's representative to consider waiting for Mr. Ellis' arrival before proceeding with any testimony. Mr. McCarthy noted the applicant's representative only planned on submitting a legal opinion document to the Board tonight.
Philip Nessralla, Brockton, MA, representing Awais Family Trust, appeared before the Board. Attorney Nessralla reminded the Board that a variance was granted to this property many years ago but the variance was never recorded and that the Board had asked Attorney Nessralla to prepare a legal opinion on the matter .
Attorney Nessralla submitted his opinion document, dated April 12, 2007, to the Board. Board members agreed to forward the document to Town Counsel Marc Antine for his opinion on the matter of the variance.
No testimony was taken and the public hearing was continued to April 26, 2007, 6:30 p.m.
Wayne Cardoso, 42 Bridge Street, requested and received a copy of Attorney Nessralla's document.
6:45 p.m. - Public hearing for Ryan Iron, 1830 Broadway, special permit request was opened. Mr. Gallagher read the public hearing notice. Sean Gales, Coneco Engineers and Scientists, Bridgewater, MA, was present on behalf of applicant Paul W. Kelley, K & S Realty Trust. Mr. Gales explained that a special permit for a parking reduction from 140 spaces to 88 spaces for the Ryan Iron building was granted by the Board in 2002 but it expired before being exercised so applicant is reapplying for the special permit.
Mr. Andrade asked if the site improvements required by the Board at the recently approved modified subdivision plan and previously approved site plan have been done. John Schmid discussed the issues involved with Lot 3 on Ryan Drive. Mr. Fountain noted he was still concerned with the roadway improvements being done but he did not have issues with the special permit.
After discussion, Mr. Fountain moved to approve the special permit as requested for parking reduction at Ryan Iron building subject to the conditions of roadway improvements required for Ryan Drive Definitive Subdivision Plan being fulfilled prior to an occupancy permit being issued for the Ryan Iron building, proof or recording being furnished and other standard conditions; second by Mr. Gallagher; motion passed by unanimous vote (4).
6:55 p.m. – Town Hall, 558 South Main Street, Site Plan Modification: Mr. McCarthy presented the approved Town Hall site plan for a proposed modification to allow two-way traffic circulation rather than the approved one-way design. Mr. McCarthy explained the one-way traffic is not being honored by many drivers and he felt for safety reasons a two-way traffic circulation would be better. He noted the drive aisle is wide enough to accommodate two-way traffic and that it may be better suited for the site.
Board members and Mr. McCarthy discussed the fact that traffic signs are not currently erected on site and Board members agreed they believe the lack of directional signs contributes to problems with traffic circulation. It was also noted that the parking lot has not yet been striped which further contributes to the problem.
Mr. Gallagher suggested angling the parking spaces to facilitate one-way traffic. John Schmid noted that six parking spaces will be lost if the striping is angled.
After discussion, Board members agreed they favored the one-way traffic design. They agreed they wanted the traffic circulation to be safe for all and they believe the one way design will work well if the parking spaces are properly striped and the directional signs erected as planned. They requested the improvements be implemented but they agreed to revisit the issue later if those improvements did not improve the situation.
Mr. McCarthy also requested the plan be modified to allow a spot light to illuminate the Town Hall lettering at the entrance to the building and to eliminate one six-foot section of fence on the front section of the southwesterly property line. After discussion, Mr. Canto moved to approve modification to the approved Town Hall, 558 South Main Street, to allow a spot light to illuminate the signage on the building and to remove the requested section of fencing; second by Mr. Gallagher; motion to modify the site plan passed by unanimous vote.
7:15 p.m. – Form A plan for Massasoit Greyhound Association, 1958 Broadway: Edward Jacobs and Greta Bohanen of J.K. Holmgren Engineering, Inc. presented the Form A plan. It was noted the proper forms and fee had been submitted.
Mr. Andrade noted an MLC was received from the Treasurer’s office indicating an outstanding tax bill for approximately $18,000. Board members discussed whether or not they were able to consider plans for a property that has outstanding taxes due the Town. Ms. Bohanen noted permits could not be issued on plans if there were outstanding taxes but she questioned if the Form A plan fell into the same category as permits. After discussion, it was agreed to proceed with review of the plan and if approved hold the plan in escrow until the outstanding taxes are paid.
After review of the plan, Mr. Fountain moved to approve the “Plan of Land In Raynham, Bristol County, Mass. Prepared for Massasoit Greyhound Association, Inc., 1958 Broadway, Raynham, Mass.,” dated March 27, 2007, prepared by J. K. Holmgren Engineering, Inc., Brockton, MA, subject to the Planning Board holding the plan until proof is received that all taxes due for $18,726.20 are paid; second by Mr. Gallagher; motion passed by unanimous vote. Mr. Gallagher signed the plan to be held in escrow. (Henry Ellis arrived.)
7:30 p.m. – General Business: Letter dated April 6, 2007 from Town Administrator Randall Buckner was received requesting the Board’s recommendation on acceptance of Finch Farm roadways. Mr. Schmid informed the Board that he and Mr. McCarthy conducted a site visit to Finch Farms and determined a very small punch list of items remained to be completed.
After discussion, Mr. Fountain moved to recommend acceptance of Finch Farm roadways subject to the Nitsch Engineering punch list of outstanding issues being completed; second by Mr. Gallagher; motion passed by unanimous vote.
Board members discussed whether or not to continue with the 6 p.m. start time for their meetings or return to a 6:30 p.m. start. After discussion, it was agreed to continue with the 6 p.m. start time.
Waiver of frontage plan for land owned by Dupont/Muir on Sandy Hill Street was received for endorsement. The Board signed the plan.
The approved site plan for South Street West/Bumila property was received for endorsement. The Board signed the plan.
After discussion, the Board scheduled a public hearing for proposed zoning amendments on May 10, 2007, 6:30 p.m.
Request for release of surety funds for Gatsby Gardens was discussed. Letter dated March 14, 2007 was received from Outback Engineering informing the Board that the site is in compliance with all current ADA Regulations. Mr. Fountain moved to release all remaining surety funds for Gatsby Gardens; second by Mr. Gallagher; motion passed by unanimous vote.
There was no further business and the meeting adjourned at 8:40 p.m.
Respectfully submitted,
Raynham Planning Board
Christopher J. Gallagher, Clerk
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