The Raynham Planning Board held a regular meeting on Thursday, March 18, 2010, at Raynham Veterans’ Memorial Town Hall.
Board members present: Burke Fountain, Christopher Gallagher, Russell Driscoll, Henry Ellis (arrived at 6:16 p. m.)
Board members not present: Daniel Andrade
Staff present: Administrative Assistant Maureen McKenney
Vice-chairman Burke Fountain opened the meeting at 6:00 p.m.
6:01 p. m. - Form A Plan, Bridge Street – Ribelin Land Surveyors, Inc., West Bridgewater, MA, presented a Form A plan for land owned by Jean Cote, Bridge Street. Proper form and fees were submitted. Mr. Ribelin explained the plan, noting the land shown on the plan is in common ownership, the property lines have been re-established to conform to zoning and the wetlands are delineated on the plan.
Board members had no issues with the proposed plan. Mr. Fountain noted Jean Cote is a client of his but he has no financial interest in the plan other than perhaps preparing a deed for him. He stated he would vote if there were no objections since there were only three Board members present. No one stated any objections.
Mr. Gallagher moved to approve the plan entitled “Plan Of Lots On Bridge Street In Raynham, MA Surveyed For Jean Cote,” dated March 9, 2010; second by Mr. Driscoll; motion to approve passed by unanimous vote (3). The plan was endorsed.
6:10 p. m. – 1753 Broadway - Richard Ferreira, Wilbur Street, appeared before the Board to discuss property at 1753 Broadway (located across the street from Great American Pub). He presented a proposed site plan for the property and explained he is purchasing and remodeling the house and constructing a new garage on the site to locate his paving business. Mr. Ferreira asked the Board to approve the plan for abbreviated site plan process. (Mr. Ellis arrived at 6:16 p. m.)
Mr. Ferreira stated he talked with Building Inspector Dennis Machado, and Mr. Machado gave his opinion that the plan conforms to zoning. Mr. Ferreira stated there are no wetland or drainage issues on the property. Mr. Gallagher agreed there are no wetlands on the property. Mr. Ellis stated a note should be added to the plan stating there are no wetlands.
Mr. Fountain moved to approve the proposed 1753 Broadway plan for abbreviated site plan process; second by Mr. Gallagher; motion passed by unanimous vote (4). Mr. Ferreira will be submitting a proper application and plan for public hearing.
6:18 p. m. - Public hearing for proposed zoning amendments was opened. Mr. Gallagher read the public hearing notice.
Mr. Ellis asked if the proposed change on Pine Street included the Berry Hill Adult Retirement Community (ARC) site. Mr. Gallagher stated yes, noting an ARC was only allowed in an Industrial District.
Mr. Fountain asked if anyone present had any comments or questions.
Denise O'Donnell, Pine Street, addressed the Board and stated she is a Pine Street property owner and is in favor of the amendment to rezone Pine Street to light industrial in order to allow small service businesses and residences together on a property.
There were no further comments or questions from those present. Mr. Gallagher moved to report to Town Meeting in favor of all the proposed amendments as read into the record; second by Mr. Ellis. During discussion, Mr. Ellis asked what the allowed uses will be in the proposed light industrial district. Mr. Gallagher noted everything allowed in Industrial District and houses. Mr. Ellis asked if adult entertainment is included; Mr. Fountain stated no. Mr. Ellis noted this amendment would be cutting down the Industrial District to one area. Mr. Fountain stated he agreed with Mr. Ellis' concern and noted the Board had previously discussed it. A vote was taken on the motion; four votes in favor; motion unanimously passed.
6:26 p. m. - Berry Hill Adult Retirement Community (ARC) Elizabeth Wilkinson and fiancée Dave appeared before the Board to discuss the over-55 age restriction at Berry Hill ARC. Ms. Wilkinson explained she has an offer on a property on Clubhouse Lane but was informed that all residents of the development must be over 55. She noted her fiancée is not 55 years old yet, and she asked if the Board could grant a variance or waiver to allow a resident less than 55 years of age to reside in the development.
Mr. Fountain read the definition of an ARC from the zoning by-laws. Mr. Ellis noted the special permit for Berry Hill specifically says a resident of an ARC must be over 55 years of age. Mr. Fountain noted the ARC by-law was contentious at Town Meeting and was approved only with the strict restrictions. He noted the rules were clear that no one over 55 years is allowed to reside in an ARC. He noted the developer himself had previously requested the Board lift the age restriction for Berry Hill but the Board advised him that would have to be done by Town Meeting. Mr. Ellis noted the problem is not only with Town Meeting but with the restrictions of the special permit for Berry Hill. Mr. Gallagher noted the Board previously advised the developer they would not endorse any change to the age
restriction.
6:35 p. m. - Ryan Iron site plan (1828 Broadway) public hearing was reconvened. Shane Oates, P. E., Coneco Engineers and Scientists, appeared before the Board. Applicants Larry Kelly and John Shea of Ryan Iron were present.
Mr. Oates informed the Board he has been working with John Schmid, Nitsch Engineering, and he believes the plan now meets all standards. Mr. Fountain noted the three buildings shown on the plan will be built in three phases.
Review correspondence, dated March 18, 2010, was received from Nitsch Engineering. Correspondence dated March 17, 2010, was received from Coneco. Mr. Oates noted most of the comments on the Nitsch review related to waiver requests and to recharge issues brought about by the soil type at the site. The Board and Mr. Oates discussed the Nitsch letter. During discussion, it was noted a special permit for parking reduction had not been sought. Mr. Oates agreed to submit a special permit request. Mr. Oates explained a parking reduction is being requested because applicants' intent is to have the same type of tenants at the new buildings as there are at the existing building on Ryan Drive. He noted there will be no retail tenants and the parking being proposed will be sufficient for the
prospective tenants. Mr. Oates noted the type of retail that might be allowed will be limited by the square footage of the buildings and the zoning by-laws.
Mr. Kelly addressed the Board and explained the area is not good for retail businesses. He noted the tenant lease agreements limit the number of parking spaces available to each tenant and the limit is strictly enforced.
Discussion continued on Nos. 3, 4, 8, 9 and 10 of the Nitsch correspondence. Drainage comments were discussed. Mr. Oates explained the site has C and D type soils and that has created some difficulties, but he has been working with Nitsch to make the plan conform to stormwater and recharge requirements.
After discussion, the Board agreed to table the waiver requests until Applicants apply for a special permit for parking reduction. It was also agreed that Mr. Oates will draft a proposed Certificate of Action (COA). Mr. Ellis requested the COA include a condition that the Board maintains control to amend the site plan if necessary. It was agreed to add language regarding the phasing of the project.
Mr. Oates discussed the submittal fee. He noted the site plan fee was submitted based on the three buildings, and Applicants will be seeking a reduction to allow the fees to be submitted at the time each phase is constructed.
It was noted the time-to-act is May 27, 2010. After discussion, the public hearing was continued to April 15, 2010. Mr. Fountain noted he will not be present.
General Business: Memo dated March 18, 2010, was received from Roger Stolte regarding a fence around the detention basin at Karen's Way. The matter was tabled to the next meeting so the Certificate of Action can be reviewed.
Invoices were received from Raynham Highway Department for sanding and snowplowing at Kings Estates. During discussion, it was noted that several lots in King Estates were taken back from the developer by Bristol County Savings Bank. After discussion, the Board agreed to advise Mr. Stolte to look to Bristol County Savings Bank and also to ascertain if there are other owners of the development and bill them accordingly.
There was no further business, and the meeting adjourned at 7:20 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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