Town of Raynham, Massachusetts
558 South Street, Raynham, MA 02767
ph: 508.824.2707
Planning Board Minutes September 27, 2007
The Raynham Planning Board meeting on September 27, 2007 opened at 6:00 p.m.
Board members present:  Burke Fountain, John Canto, and Henry Ellis
Board members not present:  Daniel Andrade, Chris Gallagher
Staff present:  Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney

6:05 p.m. - Town Planner Update:  Mr. McCarthy presented proposed changes to the zoning map and proposed amendments to Raynham Zoning By-laws, Section 10, Definitions, to be submitted for the upcoming November Town Meeting.  After discussion, Mr. Fountain moved to add a definition for ‘fast food’ and ‘specialty retail’ to the list of definitions proposed for Section 10; second by Mr. Canto; motion passed by unanimous vote.  
 
After further discussion, Mr. Ellis moved to approve the changes proposed for Section 4.10 and Section 10 Definitions, as presented; second by Mr. Fountain; motion passed by unanimous vote.
Mr. McCarthy discussed an e-mail he received from Mr. John Dolan, South Main Street, abutter to the Town Hall, in which Mr. Dolan requests that six sections of fence along the boundary to the two properties be removed.  During discussion, it was noted the issue of the fence was not raised by Mr. Dolan at the public hearings for the Town Hall site plan.  It was also noted that Mr. Dolan’s proposed commitment to reinstall any removed fence when he sells his property in the future is not binding.  After further discussion, it was agreed a modified site plan is needed for any changes to the approved plan and a letter is needed from the Board of Selectmen requesting any modification to the plan.
6:31 p.m. - Jess Marie Estates, Special Permit, Public Hearing was reconvened.  Letter dated September 25, 2007, was received from applicant Michael Peterson, Hometown Builders, Inc., requesting continuance of the hearing to October 11th.  After discussion, the public hearing was continued to October 11, 2007, 6:20 p.m.
6:35 p.m. - Awais Farms Subdivision (off Bridge Street):  Attorney Philip Nessralla, Brockton, MA, appeared before the Board on behalf of the applicants.  He noted that at the last public hearing on the plan, the Board requested the applicants submit proof that the plan could proceed in light of the variance granted years ago by the Board of Appeals limiting the parcel to one dwelling only.  Attorney Nessralla discussed his opinion of why he considers the variance decision now null and void.  Attorney Nessralla submitted a written statement, dated September 27, 2007, in support of his opinion.
Mr. Fountain noted that even if the variance issue is decided, there are engineering issues to be addressed.  After discussion, Board members agreed to forward Attorney Nessralla’s written opinion to Town Counsel for his opinion on the matter.  The public hearing for Awais Farms was continued to October 11, 2007, 6:15 p.m.  Attorney Nessralla submitted a proper time-to-act extension.  
 
Robert Sidlauskas, 20 Bridge Street, addressed the Board and stated that in 1978 the area was zoned Residential A not Farm and Forest as stated by Attorney Nessralla.
Mr. Canto noted the building on the property has burned down.   Mr. Ellis stated he believed that did not effect the issues.  Attorney Nessralla briefly restated his opinion to the Board.  Mr. Fountain noted a variance was previously sought for this property and the restrictions placed on it were accepted.  He also noted he did not believe there was sufficient space for the road radius.

6:47 p.m. - Olson’s Greenhouses Abbreviated Site Plan, 590 South Street East:  The public hearing was opened and Mr. Ellis read the hearing notice.  Applicant Matt Piscitelli, Milton, MA, appeared before the Board with the abbreviated site plan.  

Mr. McCarthy discussed the plan, noting the ramp shown on the plan will be ‘scissored’ because of the grade of the land.
 
Rosemary Pacheco, 338 Orchard Street, abutter to the property, approached the Board to review the plan.  Mr. Piscitelli explained the proposed plan, noting that parking spaces were being added to the area that is now covered by wood chips and the ramp is being added.  He noted additional parking spaces are needed for employees and that not retail business is conducted on site.  During discussion, it was noted that no extra site lighting is being added.  Board members, Mrs. Pacheco and Mr. Piscitelli discussed the landscaping and shrubs for the site.  The Board members discussed requiring landscaping and shrubs as a condition of approval.  Mrs. Pacheco stated she trusted Mr. Piscitelli to plant the necessary shrubs on the site.  
 
The proposed Certificate of Action was discussed.  After discussion, Mr. Fountain moved to approve the abbreviated site plan entitled “Site Plan Of Land On South Street East In Raynham, Massachusetts Prepared For Olson’s Greenhouses,” dated January 10, 2007,”  prepared by Professional Land Survey Associates, East Bridgewater, MA, approving the waiver request as sought and with the conditions as stated on the proposed Certificate of Action; second by Mr. Ellis; motion passed by unanimous vote.  Certificate of Action will be issued.
7:00 p.m. - Discussion re. Rte. 138 Centerfield’s Property:  James Marathas, 10 Porter Street, Stoughton, MA, appeared before the Board to discuss a possible site plan for parcel presently occupied by Centerfields restaurant and Nana Bink’s ice cream stand on Route 138.   Mr. Marathas presented a possible site plan for the property.  He explained he is considering constructing a four-story commercial building with professional office space and a bank with a drive-through window.  During discussion of the plan, Board members agreed the proposed traffic flow and parking is not efficient and the fact that neighbors to the site may have concerns with a four-story building.  The Board and Mr. Marathas discussed possible alternatives to the proposed plan.  The Board indicated they were agreeable to the idea of the plan but changes to design, traffic flow and parking would be needed as discussed.  No action was taken.
 
7:22 p.m. - General Business:  Minutes of September 13, 2007 were received.  Mr. Fountain moved to waive the reading and approve the minutes as submitted; second by Mr. Ellis; motion passed by unanimous vote.
Letter dated September 20, 2007 was received from Reverend James Tilbe, First Congregational Church, informing the Board that all work for the church addition will be completed by December 1, 2007.  Mr. McCarthy updated the Board on the status of the site plan.  After discussion, no action was taken.
 
Letter dated September 20, 2007, was received from Ryan John Silveira, Project Manager, Dacon Corp., informing the Board the site plan for Johnson & Johnson/DePuy Orthopaedics, 480 Paramount Drive, has been satisfactorily completed, and a Certificate of Occupancy was requested.  After discussion, Board members agreed a letter is needed from the project engineer stating the site is in compliance.  The matter was tabled to October 11th meeting.
Letter dated August 31, 2006 from George Turner, Turner Brothers, LLC, requesting release of project review funds for Creative World site plan was discussed.  Mr. McCarthy advised that a Certificate of Occupancy has been issued for the building.  Mr. Fountain moved to release the remaining review funds if all bills are paid and all issues are completed; second by Mr. Ellis; motion passed by unanimous vote.
There was no further business and the meeting adjourned at 7:30 p.m.
Respectfully submitted,
Christopher J. Gallagher, Clerk