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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes April 4, 2013
The Raynham Planning Board held a regularly scheduled meeting on Thursday, April 4, 2013, at Raynham Veterans’ MemorialTown Hall.  Chairman Andrade opened the meeting at 6:03 p.m.

Board members present:  Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll and Henry Ellis (6:18 p.m.)

Staff present:  Maureen McKenney, Administrative Assistant

6:03 p.m. – Carriage Hill Estates:  Russell Hart, Hart Homes, appeared before the Board to request a waiver to eliminate the roof runoff system at Lot 14, Carriage Hill Drive.  It was noted Mr. Hart’s request is for Lot 14 only.  Mr. Hart submitted a letter dated March 25, 2013 from Outback Engineering, Lakeville, MA, which detailed the soil types for the site.  During discussion, it was noted that the letter from Outback Engineering incorrectly listed Lot 13 as the locus.

After discussion, Mr. Fountain moved to allow a minor modification to remove the roof drains as to Lot 14 at Carriage Hill Estates based on applicant’s promise to submit a new letter with the correct lot number; second by Mr. Gallagher; motion passed three in favor and Mr. Driscoll abstained.      

6:08 p.m. – Public hearing for Tearall Road Realty Trust waiver-of-frontage plan was reconvened.  Tim Caponigro appeared before the Board as applicant’s representative.  A revised plan was submitted.  During discussion of the plan, it was noted the location of the proposed driveway was on the plan; a variance was granted by the Board of Appeals allowing the lot shown on the plan; the proposed cul-de-sac is located off a public road; the frontage does not appear illusory.  

After discussion, Mr. Fountain moved to approve the “Waiver of Frontage Plan of Land In Raynham, Massachusetts For Tearall Road Realty Trust, dated January 3, 2013, revised date, April 1, 2013, prepared by Risser Engineering Co., North Attleboro, MA, prepared for Tearall Road Realty Trust, Glen Whittaker, Trustee; second by Mr. Driscoll. Mr. Gallagher asked if the Board of Appeals variance decision will be recorded.  Mr. Caponigro stated yes and said he will provide recording information to the Board at the time of plan endorsement.

Paul Bumila, Tearall Road, Raynham, addressed the Board and asked to look at the plan.  Mr. Bumila questioned where the utilities will be located.  He noted he does not want his driveway disturbed to prevent access to his property.  Mr. Andrade noted that would be a building department issue.  Mr. Caponigro stated there will be probably be road plates across the road during construction.  Mr. Andrade noted a bond may need to be filed with the highway department during construction.

Vote was taken and the motion to approve was unanimous (4-0).  (Mr. Ellis arrived.)

6:18 p.m. – 855 Broadway site plan:  Brian Dunn, MBL Land Development & Permitting Corp., Easton, MA, and Attorney Daniel Vieira, Easton, MA, appeared before the Board to discuss the site plan that the Board approved for 855 Broadway.  Attorney Vieira explained the history of the site, noting that a change in tenants at the plaza led to a request for site plan approval and special permit for parking reduction, and applicant submitted and received Board approval for a plan that changed the Route 138 site entrance.  Attorney Vieira explained that Mass. DOT has since issued a written decision regarding the change to the Rte. 138 entrance and is requiring extensive work be done to the drainage system on site before any change to the entrance is allowed, which will result in closing the plaza for 30 to 45 days.  It was noted that the changes to the Gilmore Street entrance as shown on the approved site plan can be done without the need for Mass. DOT approval.

Brian Dunn spoke on the issue of the drainage and what work will be involved.  He informed the Board that the applicant is requesting that the changes to the Rte. 138 entrance approved by the plan need not be done.  During discussion, it was noted that four spaces would have been gained by reconfiguring the Rte. 138 entrance.     

After discussion, the Board advised the applicant to file a written request and explanation for the minor modification to the approved site plan, and the Board will make a decision on the matter.  Mr. Andrade noted that the previously abstained from voting on the site plan and special permit because he thought there was no need for them to be before the Board.

Mr. Ellis informed Mr. Dunn that he has seen more cars at the gym tenant than he thought would be utilized, and he requested that Mr. Dunn address the parking issue when he next comes before the Board.

Property owner Yiannis Davos, Raynham, spoke about the gym and noted there is only one employee on site at a time and five to six customers at a time.  Mr. Andrade advised that information be included in the minor modification presentation.

6:33 p.m. – Rte. 44 CityToyota:  Brian Dunn, MBL Land Development & Permitting Corp., Easton, MA, appeared before the Board to discuss changes being considered for the front of the Rte. 44 Toyota building.  Mr. Dunn explained that proposed changes will include changing the façade of the building to include an overhead canopy.  During discussion it was noted that the entrance is not being moved and there will be no changes to the parking.

After discussion the Board agreed that the changes as presented do not trigger the need for site plan approval.  It was agreed that Mr. Dunn will submit a letter to the Board stating the changes to be made at the site as discussed tonight.  

General Business:

o       Letter dated April 3, 2013 was received from Randall Buckner, Town Administrator, forwarding a petition received by the Board of Selectmen that requested a zoning change for a parcel of land on Broadway, south of First Street.  The Board set a public hearing date for May 16, 2013, 6:30 p.m., on the proposed change.  The hearing will be advertised as required, and Mrs. Laraine Nickerson of First Street will be notified, as requested. Mr. Andrade noted the request was not up for discussion tonight.

o       In response to questions from Mrs. Nickerson, Mr. Ellis noted the Board cannot discuss the matter tonight as it was not advertised as a public hearing, and it will not be brought up for discussion prior to the May 16th hearing.  

o       Mr. Fountain moved to waive the reading and approve the minutes of March 21, 2013; second by Mr. Driscoll; unanimous vote to approve.

o       Letter dated April 1, 2013 was received from Town Counsel Marc Antine informing the Board of the dismissal of the Awais Farms subdivision appeal.

o       Letter dated March 27, 2013 was received from Randall Buckner, Town Administrator, requesting the Board’s recommendation on accepting Aspen Hollow as a public way.  The Board agreed to request that Nitsch Engineering conduct a site inspection at Aspen Hollow as soon as possible and report to the Board.  Highway Superintendent Stolte will be asked to comment also.  The matter was tabled to the next meeting.

There was no further business and the meeting adjourned at approximately 7:00 p.m.

Christopher J. Gallagher, Clerk

Town of Raynham 558 South Main St., Raynham, MA 02767
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