Town of Raynham, Massachusetts
558 South Street, Raynham, MA 02767
ph: 508.824.2707
Planning Board Minutes July 10, 2008
The Raynham Planning Board meeting of Thursday, July 10, 2008, at Raynham Veterans’ Memorial Town Hall, was opened at 6:04 p.m. by Chairman Daniel Andrade.

Board members present:  Daniel Andrade, John Canto, Chris Gallagher, and Burke Fountain (6:28 p.m.)

Board members not present:  Henry Ellis

Staff present:  Administrative Assistant Maureen McKenney

6:04 p.m. – The matter of DePuy site plan Certificate of Action amendment was tabled to later in the meeting.

6:05 p.m. - Form A Plan for land on Roger’s Way was presented by Attorney Alan Medeiros, Taunton, MA.  Attorney Medeiros explained the plan had just come out of Land Court and the purpose of the plan is to create Parcel D, as shown on the plan, for conveyance to an abutter.  
 
Mr. Canto questioned whether or not the land was located in an aquifer area/Water Resource Protection Overlay District, and therefore would need 45,000 square feet of land area to conform to zoning requirements.  Attorney Medeiros said he was not aware that it was in the aquifer district.  
 
Mr. Gallagher explained the purpose of the Water Resource Protection Overlay District (WRPOD).  The plan was then compared to the existing WRPOD area as shown on Raynham zoning map.  After discussion, the Board determined the area in question is Residential A.  Motion was made to approve the plan; motion seconded; motion passed by unanimous vote (3).  Mr. Gallagher signed the plan.
(Mr. Fountain arrived.)

6:28 p.m. - DePuy Site Plan Certificate of Action:  Jeff Prince, AIA, Dacon Corp., appeared before the Board and explained that applicant DePuy had received a copy of the approved Certificate of Action and was concerned with the waivers and the conditions as written.  Mr. Prince noted the approved waivers were incorrectly listed and three of the conditions of approval were not discussed with Applicant at the public hearing.  Mr. Prince noted the conditions were problematic to Applicant due to the fact that they possibly could be interpreted as applying to the whole Johnson and Johnson site and not just the DePuy Educational Center site plan.  Mr. Prince noted that it was Conditions 8, 9 and 10 that were of concern.
Upon review of the Certificate of Action, the Board agreed the waiver section should be corrected to accurately reflect the waivers granted at the site plan hearing.  They advised Mr. Prince that the conditions in questions are standard conditions of approval that are applied to most site plan approvals.  After discussion with Mr. Prince, the Board agreed there did not seem to be any reasons why the conditions in question applied to this particular site.
After discussion, Mr. Fountain moved that due to an error in the Certificate of Action dated July 5, 2008, the Certificate be amended by deleting Conditions 8, 9, and 10, and that the Certificate of Action also be amended to accurately reflect the waivers requested by applicant and approved by the Board; second by Mr. Gallagher; motion passed by unanimous vote.  A new Certificate of Action will be issued.

6:40 p.m. - Rte.  44 Toyota Site Plan public hearing was reconvened.  Attorney Daniel Vieira and Michael P. Sousa, P.E., were present on behalf of Applicant.  
 
Attorney Vieira reminded the Board that one of the remaining issues for the site plan is lighting.  He explained that the lighting engineer could not be present tonight as anticipated. He noted that the plan shows 20-foot light poles to replace existing 25-foot poles and the flood lights will be removed.  
 
Attorney Vieira noted another issue was the plantings for the buffer at the rear of the site.  He informed the Board that the abutters indicated they preferred a white vinyl fence along the property line, and that was now shown on the plan.  Mr. Fountain stated he was agreeable to the fence if the abutters were.    
 
John Currier, Judson Street, questioned the number of light poles for the site.  Attorney Vieira stated three 20-foot light poles are planned and two 40-foot poles are being replaced two 25-foot poles

Judy Hudson, Judson Street, informed the Board that the abutters were in fact agreeable to the white vinyl fence.  She questioned the time frame for completion of the project.  Attorney Vieira explained the project will be started as soon as possible once the appeal period has passed.  
 
The Board and Attorney Vieira continued discussion of the site lighting.  Mr. Fountain suggested the lighting approval be subject to an as-built plan being submitted to show the maximum foot candles of light at the perimeter of the site.  
 
Mr. Andrade stated he preferred to see a lighting plan.  Attorney Vieira asked if the lighting approval could be done without the lighting engineer being present for the next hearing.  The Board was agreeable to him not being present but Mr. Gallagher advised that if the final plan does not comply with the Board’s rules and regulations, the Board will not sign it.
Mr. Canto questioned why there is no fence shown on the westerly side of the site.  Attorney Vieira explained that side is densely vegetated and does not require further buffer.  During discussion, it was noted the large pile of loam on site now will be removed.  After discussion, it was agreed the Board will reserve the right to extend the fence line if necessary.
Ms. Hudson questioned what lots in particular on Judson Street will be affected by the project.  It was noted the properties owned by Galavotti, Pillsbury, and Therrien are directly behind the site.
After discussion, the public hearing was continued to July 24, 2008, 6:15 p.m.  
 
Mr. Canto advised Applicant any request for reduction in fees must be in writing.  Mr. Sousa stated he will request the fee waiver.

6:50 p.m. - Riverfront TDR Subdivision Plan (off Church Street) public hearing was reconvened.  Letter dated July 10, 2008, was received from Attorney Edmund Brennan, Taunton, MA, requesting continuance.  After discussion, the public hearing was continued to July 24, 2008, 6:30 p.m.

6:52 p.m. - General Business:  Letter dated July 7, 2008, was received from Yukon Landscaping requesting a 60-day extension of the temporary occupancy permit for 407 South Street East.  After discussion, Mr. Fountain moved to approve the extension as requested; second by Mr. Gallagher; motion passed by unanimous vote.
Minutes of June 26, 2008, were received.  Mr. Fountain moved to waive the reading and approve the minutes as received; second by Mr. Gallagher; motion passed by unanimous vote.
 
Project review account for Carriage Hill Estates was discussed.  It was noted the account was depleted.  After discussion, it was agreed an additional $2,500 will be requested for the project review account.
There was no further business, and the meeting adjourned at approximately 7:05 p.m.


Christopher J. Gallagher, Clerk