The Raynham Planning Board meeting of Thursday, July 24, 2008, at Raynham Veterans’ Memorial Town Hall, was opened at 6:05 p.m. by Vice Chairman Burke Fountain.
Board members present:~ Burke Fountain, John Canto, Chris Gallagher, Henry Ellis (6:10 p.m.)
Board members not present: Daniel Andrade
Staff present:~ Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney
6:10 p.m. General Business: Mr. Fountain moved to waive the reading and approve the minutes of July 10, 2008, as received; second by Mr. Gallagher; motion passed by unanimous vote.
Copy of letter dated July 21, 2008, from Town Planner Richard McCarthy to Building Commissioner Rodman Palmer regarding McDonald’s (Rte. 44) site plan was received. Mr. McCarthy explained that McDonald’s was planning a coffee café within the existing McDonald’s and his letter was intended to inform Mr. Palmer of the outstanding issues that have not been completed on the approved site plan.
The matter was tabled to the next meeting. Mr. McCarthy noted the parking on site meets zoning requirements so there are no concerns in that regard. (Mr. Ellis arrived.)
6:11 p.m. – Jess Marie Estates: Mike Peterson, Easton, MA, appeared before the Board for endorsement of Jess Marie Estates approved subdivision plan.
Mr. Gallagher noted a statement had been added to the plan verifying no changes were made to the plan. It was also noted the Certificate of Action was on the plan and the Town Clerk had signed the plan.
Mr. McCarthy and Mr. Gallagher briefly reviewed the plan. During discussion it was noted the covenant had not been recorded. Mr. Fountain moved to sign the mylar and copies of the plan and hold them in escrow until the Town Planner verifies the proper covenant has been recorded; second by Mr. Gallagher; motion passed by unanimous vote. The plan was endorsed and held.
6:18 p.m. – Rte. 44 Toyota Site Plan: Attorney Daniel Vieira, Easton, MA, appeared before the Board on behalf of applicants (who were not present).
The light poles were discussed. It was agreed the lighting would be shown on the as-built plan. After discussion, the Board agreed there would be a condition of approval whereby the Board could require applicant to modify the lighting plan if it found to be a nuisance to the abutters.
Attorney Vieira requested a reduction in the filing fee. He noted applicant submitted the full filing fee for the previous Toyota site plan and that plan was ultimately denied by the Board due to the expiration of the time-to-act. It was noted a new filing fee had not yet been paid for this plan. After discussion, Mr. Fountain moved to reduce the filing fee from $500 to $100; second by Mr. Ellis; motion passed by unanimous vote.
Mr. Gallagher briefly reviewed the revised plan. During discussion, it was noted the flood lights that were on site had been removed.
Mr. Ellis asked if there were any neighbors present who wanted to speak. No one responded.
Mr. Gallagher moved to approve the “Rte. 44 Toyota, Proposed Site Development Plans 1084 Broadway, Raynham, MA,” dated January 22, 2008, revised through May 15, 2008, with conditions as discussed and as listed on the Certificate of Action and with waivers from site plan rules and regulations Sections 4.7; 4.15; 5.1.5; 5.4; and 5.6.2, and with a filing fee of $100 to be submitted; second by Mr. Fountain.
Mr. Fountain read the conditions of approval for the record. A condition prohibiting off site unloading of cars was added. The vote was taken and the motion to approve the Toyota Rte. 44 site plan with conditions passed unanimously. Certificate of Action will be issued.
6:37 p.m. - Riverfront Estates TDR public hearing was reconvened. Letter dated July 24, 2008, was received from Attorney Edmund Brennan, Taunton, MA, providing an extension of the Board’s time-to-act and requesting a continuation of the public hearing. Mr. Fountain moved to accept the extension of time and to continue the hearing to August 14, 2008, 6:05 p.m.; second by Mr. Ellis; motion passed by unanimous vote.
Mr. Gallagher noted review correspondence had been received from E. T. Engineering and in the correspondence, Azu Etoniru, P.E., asked that the Board clarify the degree of project review being sought.
Mr. Gallagher noted this plan should be reviewed consistent with past projects but he saw inconsistencies with information provided on the plan thus far. Mr. Fountain and Mr. Ellis both noted this plan was different from past projects submitted but they believed it was being reviewed in a consistent fashion. Mr. Fountain noted that because of hearing continuances, the Board has actually not been able to see much of the plan yet.
No testimony was taken on the plan. The hearing was continued
6:52 p.m. – Munro Electric site plan (Commercial Street located off Richmond Street): Attorney William Rosa, Raynham, MA, and Rich Riccio, P.E., Field Engineering, appeared before the Board to discuss the Munro Electric site plan.
Attorney Rosa explained the original Munro Electric site plan was approved in 1999, the building was constructed and the as-built plan was submitted in 2000.
Mr. Gallagher informed the Board that he did the original site plan, and he asked if he should recuse himself from the matter. Attorney Rosa said he was okay with Mr. Gallagher sitting on the matter now.
Attorney Rosa updated the Board on the site. He noted that in October 2007 Munro Electric was notified by the Building Commissioner that there were violations that needed to be corrected, and Munro then submitted an application to the Board of Appeals appealing the Building Commissioner’s action.
Attorney Rosa explained Munro is now in the process of working out the violations from the original site plan and that the Conservation Commission has recently approved the wetland lines.
During discussion it was noted that in 2004 a major modification to the site plan was submitted and approved with conditions but the Board never heard further from Munro on the modified plan.
Attorney Rosa discussed the site parking. He noted there are no issues or problems with the 38 parking spaces existing on site now, but if needed, more parking spaces could be provided if trees were taken down; however; taking the trees down would be counter productive to the wetlands so Munro will be seeking a waiver to allow the 38 parking spots as now provided.
Mr. Fountain advised that a special permit would be needed to reduce the parking spaces. Mr. Gallagher noted applicant would need to show that the required number of parking spaces could be provided if needed.
Attorney Rosa stated the parking now being provided is sufficient because there are only eight to ten employees and few customers come to the site.
Mr. McCarthy noted 35 parking spaces would be a reasonable number and that he had advised Attorney Rosa to discuss the matter with the Board to see if they were amenable to a reduction. Mr. Canto said he would not be amenable until all past issues are completed. He noted the applicant had blatantly ignored the site plan rules and regulations and he could not entertain a reduction until outstanding issues are addressed. The Board then agreed with Mr. Canto.
Mr. Fountain said he wanted to see the 1999 approved plan so he can determine what was not done. He said he agreed with Mr. Canto.
Mr. Gallagher said he also agreed, noting the applicant has had time to complete the original plan but no good faith effort has been put forth. He noted the punch list of items to be completed, which was provided by the Building Commissioner, is not outrageous and can be done.
Attorney Rosa noted applicant is trying to work with all the boards and departments involved and will continue to do so.
There was no further business and the meeting closed at 7:11p.m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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