July 8, 2008 BOARD OF SELECTMEN
Chairmen Joseph Pacheco called the regular meeting of the Raynham Board of Selectmen to order at 7:05pm.
Present were Joseph Pacheco, Donald L. McKinnon and Marie Smith.
Mr. McKinnon motioned and Mrs. Smith seconded to accept the minutes of the June 28, 2008 meeting. The vote made it unanimous
Present was Elizabeth Francis and Christopher Shaw, Park & Rec to update the Board on a recent meeting with the Conservation Agent and Mr. Stolte. Ms. Francis informed that the discussion was to create a Master Plan for the Borden Colony. Due to the fact that Borden Colony is unique as it has agricultural and recreational use, Ms. Francis said that different agencies have been contacted to discuss the options for a Master Plan. Mr. McKinnon stated that funding for the project would probably be a joint effort between Park & Rec, Highway, Conservation Commission and an affirmative vote at Town Meeting. Mr. McKinnon suggested that the present tenants of Borden Colony be advised of the proposed Master Plan along with a recommendation of hiring an environmental attorney and engineer.
Mr. McKinnon said he was in favor the Master Plan for Borden Colony, although funding for the project may not be available. Mrs. Smith agreed that a Master Plan is necessary for Borden Colony and suggested a dollar figure be presented to discuss with the different departments involved. Mr. Pacheco agreed with both Board Members on the Master Plan and funding availability. Board Members concurred to proceed with discussions for a Master Plan for Borden Colony.
Chief Pacheco was present and requested the approval of the Raynham Police Department Intelligence Information Policy. Mr. McKinnon motioned and Mrs. Smith seconded to approve the Raynham Police Department Intelligence Information Policy as printed. Mr. Pacheco made it unanimous.
Chief Pacheco requested a test from Civil Service for the positions of Sergeant, Lieutenant, Captain and Chief for next year. Mr. McKinnon motioned and Mrs. Smith seconded to approve the request a test from Civil Service for the positions as listed. Mr. Pacheco made it unanimous.
Chief Pacheco requested a list from Civil Service for three reserve officers for the Department. Mr. McKinnon motioned and Mrs. Smith seconded to approve the request. Mr. Pacheco made it unanimous.
7:17pm – Public Hearing – Christopher’s Seafood & Steak, 1285 Broadway
Present was Attorney James C. Rudser and Theodore Kesaris, owner of Christopher’s. Attorney Rudser presented the Board with confirmation of mailings to the abutters regarding the Public Hearing. He stated that the plans have not changed since the last meeting a year ago, which was to construct an outdoor deck 35’ x 17’ with seating for 42 patrons. Attorney Rudser said that a previous meeting was held with the Building Department, Conservation Agent, Fire and Police and Board of Health Agent to discuss public safety on the proposed plan. Attorney Rudser said that the past concerns of neighbors have been addressed. Attorney Rudser informed that the construction of the outdoor deck is merely to shift the occupancy from the inside of the building to outside to accommodate a
smoking area for patrons. Attorney Rudser stated that the outdoor deck would not be equipped for entertainment nor will the entertainment inside be amplified outside. He also said that the applicant would be in agreement for restricted deck hours. Attorney Rudser presented the Board with two letters in support of the construction of the outdoor deck. Chief Pacheco stated that Christopher’s have always been willing to do whatever his Department asks. Chief stated that smokers presently are walking around the parking lot and would be in favor of an enclosed area for that purpose if there were no increase in noise or reports of incidents. Rod Palmer, Building Commissioner, was present and stated that his Department does not have a current occupancy certificate and that he would like to see the occupancy permit for the outdoor deck and the interior. Mr. Palmer reminded all that a change in parking requirements has been in effect since an
affirmative vote at Town Meeting in 2007. Attorney Rudser stated that a total of 21 parking spaces would be needed for the 42 patrons as designed for the outdoor deck and that the applicant would comply with Town parking regulations. Mr. Palmer stated that he would like a copy of the breakdown for occupancy of the building and outdoor deck separate. Chief Pacheco asked who would be responsible for the maintaining of the number of patrons on the outdoor deck. Mr. Palmer said that all establishments presently have occupancy cards on the premises stating the maximum occupancy capacity and generally it has been the owners responsible for maintaining the capacity. Mr. Pacheco read the previously submitted letters in support of the outdoor deck construction at Christopher’s. The letters were from Mr. and Mrs. Kudlacik-Broadway and Mr. and Mrs. Fernandes of 23 Elm Street East, Raynham, MA. Mr. Dan Barboza, 71 Cross Street, Norton, MA was
present and was in support of the construction. Mr. Barboza said that for many years he has known both owners and are reputable businessmen who conduct their business thoroughly and who would assume full responsibility for the adding to the business. Mr. Laghetto, 423 Prospect Street, Raynham, MA was present and was in favor of the outdoor deck. Mr. Laghetto said that the establishment is close to his home and would like to have the opportunity to sit outside at a restaurant that is local for him. Mohamed Magru, Weir Street, Taunton, MA was present and has been a patron of the restaurant for many years and would like to see the owner obtain permission for the construction of the outdoor deck. Ellen and Maura Whittemore, 43 Elm Street East, Raynham, MA were present and stated that they still have concerns with noise, traffic and parking in the area. Maura Whittemore said that the added 42 patrons outside only add 42 additional voices. Julie
Phillips, 38 Elm Street East, Raynham, MA was present and stressed concerns with Hess Gas Station across the street from Christopher’s and commented that the additional outside patrons will only add to the noise and concerns already existing in the area. David Hutchinson, Jennings Drive was present and asked what would be the restricted hours if the proposed were approved.
Mr. Hutchinson said that during the past few months, the establishment has been kept up, but would like to know who would be taking care of the after hour lingering of patrons. Attorney Rudser confirmed that the outdoor deck would not have any amplified entertainment and that the applicant would comply with any restrictions the Board would set for hours of operations. Ellen Whittemore said her bedroom windows face the establishment and there is loud noise presently existing especially between 11pm-1am and would have concerns with alcohol served on the deck. Attorney Rudser stated that alcohol would only be served on the deck, the deck would not be constructed with a full bar. Mr. McKinnon asked Chief Pacheco if parking still exists in the medical building up the street from Christopher’s. At the last meeting a year ago, Chief Pacheco stressed safety concerns with patrons parking in the medical building parking lot and walking down Rt. 138 to Christopher’s. Attorney Rudser
assured the Board that the applicant has stressed to patrons the concerns of parking and to use the parking lot on the premises. Mr. McKinnon commented on the locus changing when bringing patrons outside and has concerns with increased occupancy on the proposed plan. Attorney Rudser stated that the present maximum occupancy for the establishment is 217 and guarantee that it would not change. Mrs. Smith asked if the establishment had entertainment every night. Mr. Kesaris informed there is different entertainment on different nights, ie: Karaoke, DJ or a band. He also guaranteed there would never be over 217 patrons in the establishment as the door person has a counter to keep track of the number of individuals entering. Mrs. Smith had concerns with the number of patrons proposed for the deck along with the number of occupants for the establishment. Mr. Pacheco concerns for safety is that the Christopher’s was the site of the first
taser incident in MA. Mr. Pacheco asked if food would also be served on the deck along with alcohol. Attorney Rudser confirmed it would. Mr. Pacheco asked if there is a police officer at the door every night of the week. Mr. Kesaris said there was an officer at the establishment during busy nights, Thursday through Sunday. Mr. McKinnon stated that the applicant has appeared before the Board four times and that the Board has gone the full route on the proposed plan. Mr. McKinnon also stated that because Rt. 138 is both business and residential, residents have concerns for their neighborhood. Mr. McKinnon motioned and Mrs. Smith seconded to deny the request for the construction of an outdoor deck based on the concerns from neighbors about noise and parking, and public safety and the number of occupants. Mr. Pacheco made it unanimous.
8:02pm – Public Hearing closed.
Mr. Buckner’s Town Administrator’s Report was reviewed.
Mr. McKinnon discussed the MRGF and his concerns of the amount accessed to Raynham for each student. Due to the process of the Committee to discuss the MRGF, Mr. McKinnon motioned that correspondence be forwarded to the Attorney General’s Office requesting the opinion of the state as to whether or not it feels a violation has been made by either the Department of Revenue or the Department of Education, Mrs. Smith seconded the motion. Mr. Pacheco made it unanimous.
Mrs. Smith congratulated Bernie and Phyl’s on their recent nomination of the Top 10 stores along with the Raynham Vet Hospital receiving national accreditation.
Mr. Pacheco took a moment to reflect back on the outstanding accomplishments by Mr. George Luciano who recently past away. All Board Members spoke highly of Mr. Luciano and expressed their deepest sympathy to the Luciano family.
Mr. Pacheco informed all that the next Casino Task Force Meeting would be July 30, 2008.
Correspondence – The Board received a written update of an inspection performed by Mr. Perry at the Leonard Beef Farm. In the correspondence, Mr. Perry stated that during his inspection, he did not observe any of the odors expressed by the residents. During the inspection, Mr. Chaves owner of Leonard Beef Farm stated to Mr. Perry that manure is periodically transported off the property. Mr. Perry provided Mr. Chaves with information regarding regulations for transporting of manure.
Correspondence – The Board received a request for a variance from Board of Health regulations for a septic repair from Frank Gallagher for 228 Locust Street. Mr. Perry forwarded his recommendation for approval. Mr. McKinnon motioned and Mrs. Smith seconded to approve the variance for septic repair at 228 Locust Street. Mr. Pacheco made it unanimous.
Correspondence – The Board received information from the Commonwealth of MA Health Office regarding West Nile Virus.
Correspondence – The Board received information from the MA Lottery Commission regarding the receipt of an application for a Keno License from Christopher’s Seafood & Steak. Mr. McKinnon motioned and Mrs. Smith seconded to accept the information with no objection to the applicant for a Keno License. Mr. Pacheco made it unanimous.
Correspondence – The Board received from Margaret Valadao, Sandy Hill Road, concerns regarding limbs from old trees touching power lines. Mr. Buckner will forward correspondence to the General Manager at TMLP regarding the residents’ concerns.
Correspondence – The Board received notice of the closure of Joe T’s Pub, 75 South Street East effective June 30, 2008 through the completion of the installation of a sprinkler system.
Correspondence – The Board received a request from Mr. Brian Mulligan, 64 Hewitt Drive, to install a temporary mobile home trailer on the property during the construction of his home. Mr. Mulligan stated that the trailer would have water and sewer available. Mr. McKinnon motioned and Mrs. Smith seconded to approve the temporary mobile home and forward the information to Rod Palmer, Building Commissioner. Mr. Pacheco made it unanimous.
Correspondence – The Board received a letter of resignation from Lynda Chuckran, Council on Aging. Mr. McKinnon motioned and Mrs. Smith seconded to accept with regret. Mr. Pacheco made it unanimous.
Correspondence – The Board received from Emre Oztunc, 100 Elm Street East a request to serve on the Finance Committee. Mr. McKinnon motioned and Mrs. Smith seconded to forward to the Finance Committee. Mr. Pacheco made it unanimous.
Correspondence – The Board received requests for Tag Days as follows: Taunton Traveling Classroom for a car wash at Wal Mart on August 10, 2008; Sue Komen, candy bar sale for Breast Cancer on July 27, 2008; Kenneth Stanton Osteosarcoma Fund change of date from June 29 to July 19, 2008; Sparks All Stars September 7 & 14. Mr. McKinnon motioned and Mrs. Smith seconded to approve the Tag Days as listed pending the approval from the Water District. Mr. Pacheco made it unanimous.
8:48pm – Mr. McKinnon motioned and Mrs. Smith seconded to adjourn for the performance of administrative duties, signing Bills with no business to be conducted afterwards. Mr. Pacheco made
it unanimous.
Respectfully submitted,
Dawn M. Caradonna
Recording Secretary
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