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Planning Board minutes September 4, 2014
The Raynham Planning Board held~a meeting on Thursday, September 4, 2014, at Raynham Veterans' Memorial Town Hall.~ Chairman Daniel Andrade opened the meeting at 6:10 p.m.

Board members present:  Daniel Andrade, Burke Fountain, Henry Ellis, Christopher Gallagher, Russell Driscoll

Staff present:   John Charbonneau, Director Planning & Community Development; Maureen McKenney, Administrative Assistant

6:10 p.m. - 855 Broadway site plan:  Brian Dunn, MBL Land Development & Permitting Corp. (MBL), So. Easton, MA, Attorney Daniel Vieira, So. Easton, MA, and applicant Yiannis Davos, Raynham, MA appeared before the Board to request a release of funds being held for the site plan project.   Correspondence dated September 2, 2014 was received from MBL.  Mr. Dunn submitted the final as-built plan, noting that everything at the site has been done in conformance with the approved plan.  Mr. Charbonneau informed the Board that the last outstanding issues to be taken care of were adding the dumpster to the as-built plan and replacing dead arborvitae trees along the property line.  He noted the dumpster is now shown on the plan.

Mr. Dunn explained that Mr. Davos finished the landscaping according to plan, but shortly afterwards, the direct abutter erected a stockade fence along the property line so Mr. Davos could not get to the newly-planted trees to water them and they died.  Also, a gas line for the abutter’s property was put through the buffer area where trees were planted.  Mr. Dunn showed a picture of where the gas line was dug on the property.  Mr. Andrade asked if a letter was received from the abutter regarding the landscaping.  Mr. Dunn stated no, and he explained that Mr. Davos has no legal access to the buffer area because an access easement granted years ago was never recorded and is not valid.  

Mr. Fountain recalled that the Board had instructed that a fence or trees be provided as a buffer, noting the fence in place now may serve a better purpose for the homeowner.  Mr. Dunn stated Mr. Davos did not know the fence was being erected or he would have discussed with the property owner.  It was noted the abutter was not present tonight as this was not a public hearing with notice given.  Mr. Andrade reminded the Board he abstained from voting on the site plan.

Mr. Fountain moved to accept Site As-Built Plan For 855 Broadway Assessors Map 4 Lot 211 Raynham Massachusetts, dated August 26, 2014; second Mr. Ellis; motion passed 4-1-0 (Mr. Andrade abstained).

Mr. Fountain moved to release any remaining funds being held for this project to Mr. Davos; second Mr. Ellis; motion passed 4-1-0 (Mr. Andrade abstained).

6:23 p.m. - Route 44 Toyota Reconditioning Shop site plan – Brian Dunn, MBL Land Development & Permitting Corp. (MBL), So. Easton, MA, and Kevin Perry, Rte. 44 Toyota, appeared before the Board to request release of the surety funds being held for the project.  Correspondence dated September 2, 2014 was received from MBL.~ Mr. Dunn presented the as-built plan for the site and explained that everything was done in accordance with the approved site plan.~ It was noted the garden area shown on the approved site plan was eliminated with the Board’s approval.  Mr. Charbonneau informed the Board that the trees along the property line were replaced and are healthy.

Mr. Gallagher stated the sewer easement shown on the plan is not correct.  Mr. Dunn noted it was a ‘remnant’ of a previous record survey.  Mr. Gallagher noted the easement was never recorded but it does not affect the reconditioning shop.  The Board discussed adding language to the plan regarding the easement not being correct.  After discussion, it was agreed the easement will be removed from the plan and the revised plan will be submitted to the Board.  

Mr. Fountain moved to accept Site As-Built Plan 1134 New State Highway – Route 44 Assessors’ Map 15 Lot 152 & 153, dated 8/26/14, subject to the sewer easement being removed from the plan; second Mr. Ellis; motion passed 5-0-0.

Mr. Fountain moved that upon receipt of the revised as-built plan, the bond funds may be released; second Mr. Andrade; motion passed 5-0-0.

6:38 p.m. – Metro Ford Kia site plan – Brian Dunn, MBL Land Development & Permitting Corp., So. Easton, MA, Attorney Steven Vieira, So. Easton, MA, and Paul Boule, Metro Ford, Raynham, appeared before the Board seeking approval for an abbreviated site plan process for proposed additions at Metro Ford Kia, Rte. 44.~ Mr. Dunn explained that Ford and Kia are separating their spaces, including service areas, making the building additions necessary.~ Mr. Dunn presented a proposed plan showing four additions to the existing building, which total 10,447 sq. ft.  He noted that parking spaces, including handicap spaces, may need to be relocated on the site but there will be sufficient parking.

After discussion, Mr. Andrade moved to allow abbreviated site plan process for the proposed project; second Mr. Ellis; motion passed 5-0-0.

6:50 p.m. – Carlton Street subdivision public hearing was reconvened.  Correspondence received:  Letter dated August 21, 2014 from Silva Eng. Associates, P.C.; letter dated July 14, 2014 from Beals & Thomas; letter dated July 16, 2014 from Raynham Highway Superintendent; e-mail dated July 8, 2014 from Board of Health agent; and, two memos dated July 23, 2014 from Director of Planning & Development.  Attorney Edmund Brennan, Taunton, MA, was present on behalf of applicant, Sandy Hill Nominee Trust.  Attorney Brennan explained that the plan is for two lots on 2.21 acres off Carlton Street, a paper street off Raymond Ave.  Waivers are being requested, drainage calcs were submitted, soil tests were done, 18 ft. pavement is proposed, water and sewer will be available, and the road will be kept private.  Attorney Brennan noted that he went over the plan two weeks ago with neighbors who were concerned and the plan has not changed since that time.
 
Mr. Andrade noted the concerns stated in letter dated July 16, 2014 from Ed Buckley, Raynham Highway Superintendent, may have been addressed in the August 21, 2014 letter from Silva Engineering.  He questioned if Mr. Buckley has seen the revised plan.  Mr. Gallagher noted the highway department does not like “country drainage” because of maintenance issues.  Attorney Brennan noted the road will be private so not maintained by the Town.  Mr. Gallagher discussed that he feels the drainage plan exceeds what is needed, and by grading and using of swales, there may be no maintenance needed.  Mr. Andrade asked who will maintain the drainage if piping is used; Attorney Brennan stated the homeowners would.

The cul-de-sac being provided for safety vehicles was discussed.  Also discussed was the fact that if more houses are built in the future, that developer may need to upgrade the roadway.

Joseph Lazares, nephew of Winifred Loretto of Raymond Ave., spoke about concerns he and his aunt have with groundwater on Raymond Ave and how this plan will affect it.  Mr. Lazares noted that since sewer line was brought down the street, Mrs. Loretto’s property has twice needed to be pumped out by the fire department and a sump pump has been installed.  He questioned where the runoff from the new lots will be going, noting he is concerned with water getting into the septic system.  Mrs. Loretto was present and also spoke about her concerns with water problems from this plan.

Mr. Gallagher discussed that the plan may need to be reworked, maybe by re-pitching the road to send water off Carlton Street and away from Raymond Ave.  He explained this may be done in conjunction with eliminating the proposed drainage and using swales instead.  Attorney Brennan noted the plan is close to solving this problem.

Barbara Crowley, 242 South Street East, direct abutter, spoke, favorably of the plan.

Mr. Gallagher read a letter received from Robert A. Beatrice.   Mr. Beatrice’s letter expressed several concerns about the plan and stated he had objection to it.

Attorney Brennan said he appreciates Mr. Beatrice’s concerns but each owner owns to the center of Carlton Street and each are subject to improvements made, and there are no legal rights to preventing an owner, his client included, from developing his property.   Mr. Andrade noted the Board could require language in deeds regarding maintenance of Carlton Street if it is kept a private road.

Mr. Lazares spoke about concerns for the wildlife living in the area.  Mr. Andrade noted there is large acreage nearby.

During further discussion of the drainage, it was noted a swale, if used, would be located on the applicant’s property, and there may not be a need for curbing.  Attorney Brennan said Conservation Commission can consider the use of a swale system when the plan goes before them.

The public hearing was continued to September 18th, 6:15 p.m.  Mr. Andrade noted he will not be present that night.  Extension of the Board’s time-to-act was signed by Attorney Brennan.

7:44 p.m. - Town Planner update:  Memo dated 8/25/14 re. amendment to zoning by-law Sec. 6.2 Nonconforming Uses and Structures - Mr. Charbonneau explained the proposed by-law will give dimensional regulation zoning protection, in perpetuity, to lots that are approved or established through the subdivision approval process or ANR process.  It was noted that any lot to be protected must conform to zoning at the time of its approval and duly recorded at the Registry of Deeds.  After discussion and a clarification to language, Mr. Fountain moved to sponsor the amendment to Sec. 6.2, Non-Conforming Uses and Structures, as set forth in the memo dated 8/25/14 from town planner; second Mr. Ellis; motion passed 5-0-0.

Mr. Charbonneau distributed a draft by-law for ‘Gateway Mixed Use Overlay District,’ which he proposes along Rte. 138 from Rte. 495 to the Taunton line and asked if the Board would consider sponsoring the by-law amendment.  Mr. Charbonneau discussed that the majority of homeowners along that section of Rte. 138 support the idea of an overlay district.  The district would apply only to those properties fronting on the roadway and would allow expanded uses while the underlying uses would not change.  Design guidelines would be implemented, and prohibited uses would include car sales, restaurants with drive-through windows and residential subdivisions.  Banks and stores such as pharmacies would be allowed a drive-through window.

Mr. Gallagher commented this seemed an attempt at rezoning Broadway.  Mr. Ellis asked if a strip mall could be put in the area.  Mr. Charbonneau stated it would depend on the lot size.  He stated the lot sizes would self-regulate the zoning uses in the area.  Mr. Ellis was not sure if he was in favor of the proposal and Mr. Gallagher agreed because in effect it is rezoning.  Mr. Charbonneau disagreed, noting a rezoning would change the setbacks.  Mr. Ellis questioned why the overlay district would stop at Rte. 495.  Mr. Andrade noted that trying to work on all of Rte. 138 is a tremendous job.  Mr. Gallagher suggested leaving the current zoning as is.  Mr. Charbonneau cited declining property values; Mr. Ellis disagreed.  Mr. Charbonneau noted some homeowners are concerned with the prospect of the commuter rail line.

After discussion, the Board agreed the by-law change was not ready for the Fall Town Meeting.  Mr. Andrade stated something should be done on Rte. 138 and suggested the Board should get involved if they want to endorse any proposed change.  Mr. Charbonneau will forward the SRPEDD report previously issued for Rte. 138 to the Board members.

General Business:  Mr. Fountain moved to waive the reading and approve the minutes as submitted for 8/21/14; second Mr. Driscoll; motion passed 5-0-0.

Invoices were signed.

Copy of letter dated August 26, 2014, from~McMahon Transportation Engineers & Planners, to MassDOT, regarding roadway and traffic signal improvements at Center Street was received.  The letter advised that improvements for the intersection are 100% designed and being forwarded to MassDOT.  No action was taken by the Board.  It was noted there is still a police detail at the Center Street intersection with Broadway.

There was no further business and the meeting adjourned at 8:20 p.m.

Respectfully submitted,


Christopher J. Gallagher, Clerk


 
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