January 9, 2007 BOARD OF SELECTMEN
Chairman Donald L. McKinnon called the regular meeting of the Raynham Board of Selectmen to
order at 7:06pm.
Present were Donald L. McKinnon, Raymond W. Platt, and John m. Donahue.
Mr. Donahue motioned and Mr. Platt seconded to accept the minutes of the January 2, 2007 meeting as printed. Mr. McKinnon made it unanimous.
Mr. Donahue stated that there were 20 articles listed on the Warrant for the Special Town Meeting scheduled January 29, 2007. Mr. Donahue spoke of Article 14 regarding the volunteer coordinator and recommended a modification, which would remove the responsibility of the Superintendent. Mr. Donahue stated that due to timing and the remaining part of the school year, a part-time temporary employee could be hired using funds previously voted on from Article 31 of the Special Town Meeting on October 30, 2006.
Mr. Donahue motioned and Mr. Platt seconded to accept the submitted articles as printed on the proposed Warrant. Mr. McKinnon made it unanimous.
Mr. Donahue motioned and Mr. Platt seconded to remove Article 14 and replace it with the submitted article which would rescind Article 31 of the Special Town Meeting on October 30, 2006 and replace it with the drafted article to hire a part-time temporary employee with no benefits, under the supervision of the Town Administrator including an expiration date of employment on June 30, 2007. Mr. McKinnon made it unanimous.
Mr. Donahue motioned and Mr. Platt seconded to close the Warrant effective this date. Mr. McKinnon made it unanimous.
Correspondence - The Board received from Kevin Ellis, Knights of Columbus, a request for the 17th Annual Charity Race to be held on March 17, 2007. Mr. Platt motioned and Mr. McKinnon seconded to approve the request for the Knights of Columbus 17th Annual Charity Race on March 17, 2007. Mr. Donahue abstained from the vote. The vote was 2-0.
7:15pm – Public Hearing – Christopher’s Seafood & Steakhouse for an alteration of premises.
Representing Christopher’s was Attorney James Rudser. Attorney Rudser gave the Board his interpretation of the ABCC finding. Mr. McKinnon said that this Public Hearing was to be handled as a new request. Attorney Rudser proceeded to inform all of the intent for alterations to Christopher’s which would include an addition of an outdoor deck. Richard McCarthy, Planning Board, was present and stated that parking needed to be addressed. Mr. McCarthy stated that parking is prohibited on Elm Street East and that posting of signs could be done while working with the Police Department on the issue. Mr. McCarthy also said that at present, parking is taking place in front of the coffee shop adjacent to Christopher’s; but, if ownership/hours of the coffee shop changed, the parking could
further be reduced.
Mr. McCarthy also spoke of the noise and stated the Town of Raynham had sometimes applied the DEP standard (10 decibels above background noise). Mr. Donahue asked Mr. McCarthy to compare the remaining clubs in Raynham to Christopher’s for zoning purposes. Mr. McCarthy stated that Christopher’s is the business-zoned restaurant nearest to a residential neighborhood. Rod Palmer, Building Commissioner, was present and discussed his concerns with parking and the capacity of the establishment vis-à-vis parking spaces available. Mr. Donahue questioned the number of employees in the establishment. The owner of Christopher’s stated that there were three on weekends and two during the week. Chief Pacheco was present and stated that the establishment has always complied with
the Department’s demands. Chief Pacheco stated that his concerns would also be with parking and the type of barrier to be constructed in front of the proposed deck. Sgt. Hastings was present and stated his concerns with individuals having access to the establishment through the outside deck, especially by climbing over the raised wall. Mr. Platt stated that he recently asked the Police Department to supply two reports of incidents at the establishment and accidents in the immediate area. Mr. Platt stated that the reports show continuous problems at the site with numerous accidents occurring in the area. Mr. Platt asked the owner of Christopher’s if there was recently a name change because a new sign out front now advertised the establishment as a lounge, whereas the renewed license for FY07 stated Christopher’s Seafood & Steakhouse. The Mr. Kesaris stated that the existing sign had fallen and a new sign was purchased and that
he did not realize the name on the sign would have made a difference. Mr. Platt questioned the serving of food. Mr. Kesaris stated that the Chinese restaurant located in the same building supplied his establishment with menus and patrons may order from the menu provided. He also stated that the only food presently served by Christopher’s is hot dogs. Dave Hutchinson, resident, questioned the establishment license name and hours of operation. Mr. Buckner said that the license was for a restaurant and hours of operation are 8am-1am Monday-Saturday and 12pm -1am on Sunday. Mr. Hutchinson asked if liquor would be served on the outside deck.
Mr. McKinnon said that the applicant would be serving patrons outside since the alteration of premises, if approved, would allow it. Mr. Hutchinson said that he would not be opposed to the outdoor deck if it were for food only not liquor. Paul Baacke was present and stated that he is not opposed to an outdoor deck, but with the alcohol being served outside, he would be. Arthur Whittemore, 43 Elm Street East, was present and questioned the overseeing by the Board because residents have contacted Selectmen regarding their concerns with noise. Mr. Platt concurred that he has previously received telephoned calls from residents regarding noise from the establishment and agreed that neighbors should have a peaceful environment. Dennis Cunningham, 63 Elm Street East, expressed concern with the number
of patrons in the establishment with only three employees on a weekend night. Mr. Cunningham also stated that there is significant trash in his yard from individuals parking along his street. Mr. Donahue asked Attorney Rudser what the establishment had done to ensure the existing noise would no longer be a problem. Attorney Rudser said that the deck would be in front of the building and compared it to the design proposed to the Board two years previous. Mr. Donahue asked again what has been done to alleviate the existing noise. Attorney Rudser stated that noise specialists have conducted readings on three different dates. The readings he gave were between 50 and 56 decibels and were taken between 100' and 300’ from the building. Mr. Donahue commented on the standards Raynham has adopted from the DEP. Discussion followed by Chief Pacheco and Board members on the baseline readings for noise. Mr. McKinnon commented on the lack of
action taken regarding noise at the establishment.
Mr. Platt motioned and Mr. Donahue seconded to deny the request for alteration of premises by Christopher’s based on the testimony presented. Mr. McKinnon made it unanimous.
Mr. Buckner’s Town Administrators Report was reviewed
Mr. Donahue motioned and Mr. Platt seconded to schedule a Public Hearing on February 13, 2006 and an informational meeting for February 6, 2007 with the Assessors. Mr. McKinnon made it unanimous.
Mr. Donahue recommended contacting Aquaria to discuss mitigation and to consider appointing a member from the Board to be liaison. Mr. Platt nominated Mr. Donahue to be liaison. Mr. Donahue accepted the nomination.
Mr. Platt thanked Mr. Andrade for the donation of a sign for the new Town Hall. Mr. Platt motioned and Mr. Donahue seconded to request that Mr. Stolte, Highway Superintendent, install the footings for the new signposts. Mr. McKinnon made it unanimous.
Mr. McKinnon discussed the use of the access road near the Middle School. Mr. McKinnon suggested
Mr. Buckner communicate with Mr. Stolte regarding access and keys for the gate to the road.
Mr. McKinnon said that he has been in communication with the Superintendent regarding the opening of the new High School in the fall of 2007.
Correspondence – The Board received from the Raynham Patrolmen’s Union information regarding members on the Safety Committee: Sgt. Dave Bonaparte, Bill Donnelly, Detective; and Patrolmen Jeffrey Crandall.
Correspondence – The Board received from the Raynham Patrolmen’s Union information regarding the newly elected Officers: Officer Carr, President; Officer LaPlante, Vice-President; Officer Carr, Treasurer; Officer Reilly, Secretary; and Officer Fallo, Steward.
Correspondence – The Board received from the Department of Revenue information regarding Real Estate and Personal Property, Full & Cash Values for FY 07.
Correspondence – The Board received from the Highway Department a request to advertise for a recently vacated position as a truck driver. Mr. Donahue motioned and Mr. Platt seconded to approve the request from the Highway Department to advertise for the vacant position as a truck driver. Mr. McKinnon made it unanimous.
8:42pm – Mr. Donahue motioned and Mr. Platt seconded to adjourn for the performance of administrative duties, signing Bills and Warrants with no business to be conducted afterwards.
Mr. McKinnon made it unanimous.
Respectfully submitted,
Dawn M. Caradonna
Recording Secretary
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