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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes May 1, 2014
The Raynham Planning Board held a meeting on Thursday, May 1, 2014, at Raynham Veterans' Memorial Town Hall.  Chairman Daniel Andrade opened the meeting at 6:00 p.m.
Board members present:  Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll
Board members not present:  Henry Ellis
Staff present:   John Charbonneau, Director Planning & Community Development; Maureen McKenney, Administrative Assistant
6:00 p.m. – Form A plan, 568 Broadway was presented by Attorney William Rounds, Taunton, MA.  Proper application and filing fee were received.  The plan proposes to divide the property at 568 Broadway into two non-conforming lots.  The property has two buildings, a commercial building and a residential house. The lots are being divided for title purposes.  Attorney Rounds explained this is not a typical Form A plan as there are two buildings on the property that pre-date subdivision control in Raynham and, as such, Massachusetts statutes allow the division of the property without regard to dimensional zoning requirements.  Letter dated April 28, 2014 was received from Attorney Rounds explaining the matter.
Mr. Andrade noted that the Building Commissioner had relayed the fact that the plan creates two non-conforming structures on two parcels.  Mr. Fountain stated he would agree with Attorney Rounds on the matter if the two structures in question were houses but, in fact, one is a house and the other is a barn which has been converted as an accessory business use, which leads to the question of whether or not any property with a house and a garage can be divided into two non-conforming lots.  Mr. Fountain suggested the matter be sent to Town Counsel, and Attorney Rounds agreed.

Mr. Charbonneau said he consulted the ANR handbook and found that while certain zoning requirements do not have to be met to approve an ANR plan, frontage for adequate access cannot be overlooked.  He noted the Citgo case, as cited in Attorney Rounds letter, is not similar in circumstance to this plan.
After discussion, it was agreed to table the plan to June 15th, 6 p.m. and to seek an opinion from Town Counsel.
Town Planner update:  

  • Rte. 138 Committee is making progress on zoning overlay district.
  • Discrepancies were found in the easements needed for the Center Street land takings for the traffic signals being installed.  The plans are being revised to correct the discrepancies.
  • The proposed medical marijuana by-law will be put on the Town website next week.  
  • Mr. Charbonneau has researched land in business districts that is being used for residential purposes and found there is quite a bit of residential use in those districts including South Street East, South Street West and Broadway.  There is an approximate 60% business/40% residential split in these areas.  The Board discussed the possibility of creating overlay districts to allow more residential uses in business districts by special permit.  Mr. Gallagher questioned if this amounted to spot zoning.  Mr. Charbonneau disagreed that it will be spot zoning.  Mr. Andrade noted that in the case of his South Street West property, neighbors often prefer residential use to business use.  No action was taken.
6:32 p.m. – 147 South Street West site plan public hearing was opened.  Mr. Andrade left the meeting.  Mr. Gallagher read the hearing notice.  Attorney Edmund Brennan, Taunton, MA, presented the plan along with Paul Patneaude and Karen Patneuade of Earth Services, Taunton, MA.  Attorney Brennan submitted a plan dated May 1, 2014, revised pursuant to the Beals & Thomas (B & T) review comments.  Review comments, dated April 25, 2014, were received from B & T.  Response comments, dated May 1, 2014, were received from Earth Services; letter dated April 22, 2014, was received from Highway Superintendent Roger Stolte; and, e-mail dated April 28, 2014, was received from Bryan LaCivita, Raynham Fire Department.
Attorney Brennan explained the plan.  The site is on South Street West between Wynn and Wynn office building and the Peckson business.  The property is 1.86 acres, currently an empty lot, and it is zoned business.  The plan proposes two commercial buildings of five units each that will be leased to individual businesses.   There will be one entrance on the east side of the property, one exit on the west side and traffic will flow in one direction on site.  There will be unloading areas that will not interfere with traffic flow, parking, including handicap spaces, exceeds the requirements, and a crosswalk has been added per the B & T comments.  Applicant does not see the need to reduce the parking, as suggested by B & T; applicant is not sure if all the trees at the front of the site that were cited by B & T can be preserved; the traffic pattern on site accommodates tractor trailer trucks; sight requirements are met; the vegetation proposed for the site will be mainly decorative and not for screening; and, no fence is proposed.

Waiver requests were discussed.  It was questioned if the Board can waive Sec. 5.6 of the zoning by-laws.  It was determined they can so a variance will not be needed. Waiver from the landscape strip is also requested.  

Mr. Charbonneau informed the Board that the police chief requests the installation of security cameras on site and he would like a phone system that does not require a person to dial ‘9’ before dialing an outside call in order to avoid false 911 calls.  Attorney Brennan was agreeable to both requests.  It was also agreed that the Board can set business hours in order to avoid noise problems from the site.
Mr. William Peckson, 167 South Street West, addressed the Board and asked if there will be a fence along the property line with Hebert to establish boundaries for cars.  Mr. Fountain noted it was stated earlier that there will not be a fence around the property and the Board cannot require one.
Mr. Peckson questioned if the site will be lighted at night.  Mr. Fountain noted that issue will be discussed but the Board does not like too much light to spill from a business site.
Mr. Peckson noted the plan shows there is blacktop being proposed right up to the property lines, and he asked if this will affect the adjacent lot.  Paul Patneaude, P.E., explained the drainage system will contain the runoff on the site and none will spill onto the adjacent property.  He discussed the grading and topography shown on plan sheet No. 3.

Mr. Patneaude stated there will be lighting around the perimeter of the site but he was not sure yet if there will be wall paks or light posts.
Mr. Gallagher suggested that Beals & Thomas review the drainage comments.  
After discussion, the Board agreed that the trees at the front of the site are old and may not be able to be saved.  The Board had no problems with the landscape plan.  The Board agreed the blacktopping as shown on the plan is needed for the planned use of the site.
Mr. Patneaude discussed the fact that the land is isolated land subject to flooding.
Mr. Peckson questioned if the area is entitled to a street light to accommodate the plan.  It was agreed the Town Planner will contact TMLP to research the matter.
Attorney Brennan noted the proposed units are not self-storage but rather they are for day-to-day business operations and a fence is not contemplated for the site.  Mr. Peckson asked if a fence is needed to protect the site.  Attorney Brennan noted there will be a security camera system.
It was agreed that Attorney Brennan will prepare a proposed Certificate of Action to include a limit on hours and idling trucks and language related to the phone system to prevent false 911 calls from the site.
The public hearing was continued to May 15th, 6:15 p. m.

There was no further business and the meeting adjourned at 7:07 p.m.
Respectfully submitted,

Christopher J. Gallagher, Clerk

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