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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes February 5, 2015
The Raynham Planning Board held~a meeting on Thursday, February 5, 2015, at Raynham Veterans' Memorial Town Hall.~ Chairman Andrade opened the meeting at 6:03 p.m.

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

Staff present:~ John Charbonneau, Town Planner; Maureen McKenney, Administrative Assistant

6:05 p. m. – Mr. Andrade opened the meeting. ~He noted the incorrect date of January 15th was on the Board’s posted agenda.

6:07 p.m. – Bassett Knoll Estates public hearing was reconvened.~ E-mail dated, February 5, 2015, from Nick Harris, was received requesting a continuance of the hearing.~ The Board continued the public hearing to February 19, 2015, 6:10 p.m. ~The Board’s time-to-act on the application is March 19, 2015.

General Business:~ Mr. Fountain moved to waive the reading and accept the minutes of January 15, 2015; second Mr. Andrade; motion passed (4-0-0).

Proposed plan for changes to Ryan Amusements, Rte. 44, was received.~ Mr. Andrade noted a plan was presented to the Board at a previous meeting showing proposed changes to the site and the Board had advised the owner/applicant of a few changes they wanted made to the plan.~ Mr. Andrade noted that the speed bumps the Board requested in the front of the site were not provided on tonight’s plan.~ During discussion, it was suggested that the five-foot opening at the front railing be eliminated to prevent people from crossing over from that point.~ (Mr. Ellis arrived.)~ The Board agreed they are looking for speed bumps at the front inside corners as a warning for cars to slow down, and they also want to see the type of railing being used.~ The Board agreed the applicant can move forward with a building permit provided speed bump specs are submitted along with a detail on the handrail.

Mr. Andrade moved to approve the plan with the above changes; second Mr. Fountain; motion passed 4-0-1 (Mr. Ellis abstained).

6:18 p.m. – B & D Construction, 252 Britton Street – public hearing for special permit for parking reduction was opened and the site plan for warehouse construction was reconvened.~ Mr. Gallagher read the special permit notice.~ Ken Motta, P.E., Field Engineering, and owner/applicant Dan DaRosa, B & D Construction, were present.~

Mr. Motta explained a special permit is requested to reduce the parking from the required 50 spaces to 37 spaces; the spaces will be for the warehouse uses; the site is in a Water Resource Protection Overlay District Zone II; the reduction in parking spaces will minimize impervious material on site; there will be 24 employees and 10 services vehicles on site.
Mr. Motta explained the breakdown of the parking spaces for the office use and warehouse use.~ It was noted B & D customers will park on the office side of the site.~ Mr. Motta noted there is a fence shown on the landscape plan.~ It was noted there will be no heavy trucks on site but there will be pick-up trucks.~

There were no comments or questions from those present.

Mr. Gallagher moved to approve the special permit to reduce from50 spaces to 37 spaces as shown on the plan entitled “Proposed Site Development, B & D Construction, Inc., 252 Britton Street, Raynham, Massachusetts,” dated July 25, 2014, last revised January 29, 2015; second Mr. Ellis.~ It was noted there is no separate parking plan provided.~ Motion passed 4-0-0.

Waivers were discussed.~ Mr. Motta stated it was agreed to extend the fencing along the side of the property line with the abutter.~ It was noted that waiver requests C (5.1.3) and~D ( were withdrawn by applicant.~ Mr. Gallagher moved to approve the waivers per the January 28, 2015 letter:  Sec. 4.22; 5.1.2; C withdrawn; D withdrawn; 5.4 curbing ; 5.6.2 curbing – being A through F except for C & D; second Mr. Fountain.~ The Board and Mr. Motta discussed that the vertical granite curbing will be tied into the existing radius off Rte. 138; motion passed by unanimous vote.

Mr. Gallagher moved to approve under Site Plan Approve the plan entitled “Proposed Site Development, B & D Construction, Inc., 252 Britton Street, Raynham, Massachusetts,” dated July 25, 2014, last revised January 29, 2015; second Mr. Andrade.~ The Board asked if sign variances would be needed.~ It was noted any new signs will need permits from the building department and the Board will defer to the sign officer.~ Mr. Motta explained there will be a sign at the existing planter location and it will be shown on the as-built plan.~ The motion passed by unanimous vote. (Mr. Gallagher left the meeting.)

Town planner update:

        Mr. Charbonneau submitted a proposed history of amendment made to the Planning Board’s rules and regulations.~ Mr. Andrade requested the written history as a way to keep people updated on changes to the regs.~ It was agreed the history will be updated from this date forward and will be on the website.~ There will be a public hearing in March to approve the amendment to the regulations.~

        Hutch Motor Sports has submitted their site plan application and a public hearing will be scheduled.~ Nitsch Engineering will review the plan.~ The Board requested that Mr. Charbonneau inform the applicant that the Board will be addressing noise from the site considering there are abutting residential properties.  They requested that Mr. Charbonneau check with the selectmen on whether or not a license is needed for the motorbike business.~ Mr. Fountain stated he may be involved with the closing on this property and will not be voting.

       Mr. Charbonneau explained he and the building inspector visited 1700 Broadway recently and found overcrowding of unregistered vehicles on site, and the building inspector asked the owner to rectify the situation but that has not been done.~ He explained the fence on the property may be encroaching into the Mass. highway layout by about three feet.~ He noted the site has a license hearing in March with the Selectmen.~ The Board questioned whether or not the number of cars allowed on site is determined by the Selectmen if not done by the Planning Board through a site plan process for a new business.

        There will be a pre-application meeting on February 12th for a Shell station planned for the corner of Route 44 and South Street West.

        February 9th there will be a meeting of the Economic Business Development Commission for a planned business/economic brochure for Raynham.~ The Selectmen are invited to the meeting.

Route 138 zoning discussion:~ Mr. Andrade discussed that the Board previously held a meeting to discuss zoning changes for Broadway and people in attendance had given their “blessing” to proceed with implementing an overlay district.~ He noted one issue of concern at that meeting was how to establish the zoning line for an overlay district and that the Board felt the zoning line could be set back at 250 feet parallel to Broadway and if a property was dissected by the new line, zoning requirements would apply to each separate district on a property.~ Mr. Charbonneau~noted the surrounding neighborhood residents were wary of business uses “creeping” into unintended areas.~ Mr. Fountain questioned if the overlay could apply to the back of a property as well as the front as long as the overlay did not extend beyond 250 feet.~ Mr. Driscoll discussed that he feels there should be a way to incorporate an outside nearby piece of property in the overlay district.~ Mr. Ellis asked how the issue would be policed in the future.
Mr. Andrade noted there is no way to stop owners from dividing or adding to their non-conforming property but that does not constitute making a lot buildable or zoning compliant.~ During discussion, it was noted that perimeter plans do not need to go to the Planning Board for approval but such a plan does not change zoning and could create a split-zoned lot.~ Mr. Charbonneau stated the idea of following boundary lines but using maximum depths is worth considering.~ Mr. Ellis asked how the First Street residents feel about the issue; Mr. Andrade noted the Board will discuss it and then hold a public hearing.~ He asked Mr. Charbonneau to provide a plan showing the zoning lines of properties.~ John Teixeira was present and stated he would like a copy of the map when done.

Michael Delaney asked if a Residential D district has a 200 ft. or 250 ft. setback.~ The Board was not sure.

Mr. Fountain commented he felt a business property should have a minimum of 200 to 250 feet of frontage.~ Mr. Ellis agreed with Mr. Fountain and noted too many curb cuts along a road could be hazardous. Mr. Andrade discussed the possibility of allowing business lots to combine for interconnecting driveways to avoid too many curb cuts.

Laraine Nickerson, First Street, questioned the idea of interconnected lots and setbacks.~ Mr. Andrade explained that interconnected lots would not work unless two properties were combined into one lot and the idea is not for one continuous project.

Mr. Andrade discussed the fact that some lots being wider at the back than at the front could affect nearby residences.~ He noted the Board could adopt rules and regulations in an overlay district by-law for going back a distance on a property with extra buffer required if the lot abutted a residential property.~ Mr. Driscoll said he felt there should be flexibility for properties not having the depth of an adjacent property.~ Mr. Andrade noted the properties will dictate how they are used.~~Mr. Charbonneau noted a recurring theme of the Rte. 138 committee had been to protect the neighborhoods and that concern for individual lots could lead to “creep.”~ It was noted that issues of concern are boundary lines, defining allowed uses and dimensional issues.~ Mr. Andrade stated the current allowed uses do not seem to be an issue but separate uses, such as not allowing drive-up windows within 100 feet of a residence, could be considered. He noted an overlay district gives more flexibility than does a zoning change.~ Mr. Charbonneau noted that maybe by-right uses could be included instead of uses by special permit.

Mr. Andrade stated that when the Board is comfortable with the matter, they will hold a public hearing.~ He noted Rte. 138 is the last important stretch of roadway in Raynham and the Board can continue the discussion at future light meeting nights.~ ~~

There was no further business and the meeting adjourned at 7:26 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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