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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes April 18, 2013
The Raynham Planning Board held a regularly scheduled meeting on Thursday, April 18, 2013, at Raynham Veterans’ Memorial Town Hall.  Chairman Andrade opened the meeting at 6:05 p.m.

Board members present:  Daniel Andrade, Burke Fountain, and Russell Driscoll

Staff present:  Maureen McKenney, Administrative Assistant

6:05 p.m. - Public hearing for proposed zoning amendment to add Sec. 6.1.3, temporary moratorium on establishment and permitting of medical marijuana treatment facilities, was opened.  Mr. Fountain read the hearing notice.  It was noted the Annual Town Meeting will be on May 20th this year.  

Mr. Andrade asked if anyone present had questions on the amendment.  No one responded.  It was noted this amendment was drafted by the Selectmen.

Mr. Andrade moved to recommend the proposed amendment for Sec. 6.1.3; second by Mr. Fountain; motion passed by unanimous vote.

Public hearing for proposed amendment to zoning by-laws, Sec. 14.5 g., Affordable Housing Requirements, was opened.  Mr. Fountain read the hearing notice.  Mr. Andrade asked if anyone present had any questions on the amendment.  No one responded.  Mr. Fountain stated he has spoken to developers on this matter, and $50,000.00, as proposed, seemed an acceptable amount.  

Mr. Andrade moved to recommend the proposed amendment at Annual Town Meeting; second by Mr. Fountain; motion passed by unanimous vote.

Public hearing for proposed amendment to zoning by-laws, Article 19, Large-Scale Ground-Mounted Photovoltaic Installations, was opened.  Mr. Fountain read the hearing notice.  Mr. Andrade asked if anyone present had any questions on the amendment.  No one responded.  

Mr. Andrade moved to recommend the proposed amendment at Annual Town Meeting; second by Mr. Fountain; motion passed by unanimous vote.

6:16 p.m. – 855 Broadway site plan modification – Attorney Daniel Vieira, Easton, MA, Brian Dunn, MBL Land Development & Permitting Corp., Easton, MA, and property owner Yiannis Davos, Raynham, MA, appeared before the Board to discuss amendments to the approved 855 Broadway site plan.  Letter dated April 12, 2013 was received from Brian, Dunn, MBL Land Development.  

Attorney Vieira informed the Board that Mass. DOT will not allow the proposed changes at the Route 138 entrance without a major change being made to the drainage system/catch basins on site.  Attorney Vieira noted the changes to the Gilmore Street entrance, the interior lot circulation, the removal of the parking space encroachments at the back of the site and removal of the dumpster will all be done as per the approved plan, and employee parking will still be provided as per the approved plan.  

Attorney Vieira explained the modified plan, noting there will be two 15 ft. egress lanes and the island between them will be a little smaller now.  He noted Mass. DOT has approved the modifications being shown to the Board tonight as they will not affect the Rte. 138 layout.

Mr. Dunn explained the owner will not need to seek any permits from Mass. DOT since the drainage system will not be changed with the modified plan.  Mr. Dunn discussed that there will be 78 parking spaces provided on site, including five handicap spaces.  

Mr. Andrade asked if the revised plan has been to the building inspector.  Mr. Dunn stated no, and he further explained that the Rte. 138 entrance will allow for right and left turns.  He noted that only the front sheet of the site plan has been revised.

Mr. Fountain moved to approve the requested minor modification as set forth by the 4/12/13 letter from MBL Land Development & Permitting Corp., So. Easton, MA, and as shown on “Special Permit Site Plan 855 Broadway Assessors Map 4 Lot 211, Raynham, Massachusetts,” dated October 25, 2012, sheets C-1.0 and C-2.0, last revised date 4/12/2012, should be 4/12/2013; second by Mr. Driscoll.  

Mr. Fountain asked if the owner/applicant talked to the abutter about the revisions.  Mr. Davos said he spoke to them and they are ok with the change.  There was discussion about the buffer between the properties.  Mr. Fountain stated if a fence is put up as a buffer for the abutter, the change to a fence should be put in writing to the Board.  Mr. Andrade said he preferred trees as a buffer rather than a fence.  Mr. Davos said he will do what the plan calls for plus a small fence.

Vote was taken on the motion to approve the modification.  Motion passed unanimously.  The Board signed the modified plan.

6:33 p.m. - Aspen Hollow – Developer Mark Perron, Easton, MA, appeared before the Board to discuss acceptance of Aspen Hollow at Town Meeting.  E-mail correspondence, dated April 17, 2013 was received from Mark Perron; e-mail dated April 18, 2013 was received from Roger Stolte; Construction Cost Estimate, dated April 18, 2013, was received from Nitsch Engineering.

Mr. Andrade discussed that many site visits were conducted at Aspen Hollow and detailed discussions on the roadway were held with between the Board, the developer and Mr. Stolte in an effort to complete the road and not just to have it “go away.”  Mr. Andrade noted that Mr. Stolte’s 4/18 e-mail now says the road is acceptable.

Mr. Perron addressed the Board and discussed that he completed all the work as advised by Nitsch Engineering and today everything was completed and is working, including the driveway aprons.  Mr. Perron discussed the issue of the hydrants and stated they were raised as needed.  He showed the Board photos on his phone of the raised hydrants that he had taken today.  It was noted the raised hydrant was inspected by the water department.

Mr. Andrade discussed that the Board promised the homeowners the road would be ready for this Town Meeting and the Board worked towards that end and did not try to just get rid of the matter.

The Board discussed that the Nitsch cost estimate stated $1,339 should be held for the trees on site.  Mr. Perron noted the trees will be done by August or September.

Mr. Andrade moved to recommend in favor of acceptance of Aspen Hollow Drive at the Town Meeting; second by Mr. Fountain.  Mr. Perron apologized for the bad position he put the Board in by not timely completing the road and he was glad things were now done.  He noted he did take care of the road through the winter. Vote was taken and the motion passed by unanimous vote.

Mr. Andrade moved to release all surety funds being held for Aspen Hollow except for the $1,339 for the trees per the Nitsch letter; second by Mr. Fountain; passed by unanimous vote.  It was agreed by the Board and Mr. Perron that the snowplow funds will be held until after Town Meeting, at which time Mr. Perron will submit a request in writing to release.

General Business:  

-  Mr. Fountain moved to waive the reading and approve the minutes of April 4, 2013; second by Mr. Driscoll; passed by unanimous vote.

-  An unidentified man addressed the Board and asked the results of the hearing for amendment to Article 19 (solar by-law).  He was informed the Board voted to recommend the amendment at the Town Meeting on May 20th.  He was given a copy of the proposed amendment.

-  Copy of letter dated 4/18/2013 from Roger Stolte to Randy Buckner re. land and easement takings for Orchard Street @ Rte. 44 was received.  After discussion, Board members agreed to ask Mr. Stolte to attend the next Planning Meeting on May 2 to explain the plan before the Board votes to recommend or not.  The Selectmen will hold a public hearing on the plan on May 7th and the Board’s vote is needed prior to that date.

-  E-mail dated April 18, 2013 was received from Roger Stolte regarding the acceptance of a portion of King Estates.  After discussion, Board members agreed to have Mr. Stolte give a detailed explanation of the matter at the next Planning Board meeting on May 2nd.

-  Letter dated April 18, 2013 was received from Nitsch Engineering informing the Board that Nitsch will no longer be available to serve as the Board’s consultants on new projects, but they will continue on with existing projects if the Board so desires.  Mr. Andrade stated that the Board relied on Nitsch tremendously over the years and they did an overall outstanding job.  Mr. Andrade noted that the Board worked well with John Schmid of Nitsch Engineering over the years, and he was an excellent engineer.  

After discussion, the Board agreed to request that Nitsch Engineering continue on with existing projects, and also to ask the Board of Selectmen to send an official thank you letter to Nitsch.  The Board agreed to go forward at this time and advertise for a new consultant.

The Board agreed it was ok to proceed with the Lot 10 Forge River Park site plan without sending it out to a consultant.

There was no further business, and the meeting adjourned at 7:15 p.m.


Christopher J. Gallagher, Clerk



 
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