April 6, 2010 BOARD OF SELECTMEN
Chairman Donald McKinnon called the regular meeting of the Raynham Board of Selectmen to order at 7:04pm.
Present was Donald McKinnon, Marie Smith and Joseph Pacheco.
Mr. Pacheco motioned and Mr. McKinnon seconded to accept the minutes of the March 30, 2010 as printed. Mrs. Smith abstained. Minutes were approved.
Appointments – Steven P. Coughlin, re-appointment as Constable. Mrs. Smith motioned and Mr. Pacheco seconded to approve the re-appointment of Steven P. Coughlin as Constable for a term of one year. Mr. McKinnon made it unanimous.
Present were Kevin Ellis and John Montagano. Mr. Ellis requested the Board’s approval for the dedication of a plaque at the four-corners in memory of Sgt. Monti on June 20, 2010 with a parade to follow. Mr. Ellis said that the parade would begin at the four-corners and end at the Middle School, approximately 2.2 miles.
Mrs. Smith commented on the number of parades the Town has had, the number of participants each time, which had always been very low, with the exception of the 375th Anniversary Parade. Mr. Montagano informed the Board that he was presently contacting various organizations to participate in the parade and feels it would be a complete success. He also informed the Board that he has spoken to Mr. Luciano regarding the use of the Middle School. Both Chief Januse and Chief Pacheco were present and informed the Board that neither would be in Town on the requested date. Mr. Pacheco asked if the Town could actually afford a parade especially it being on a Sunday. Chief Pacheco stated that he was not against the Town either conducting the parade or honoring someone as special as Jared
Monti, but there could be hindering factors involved such as weather which would spoil a very special event. Mrs. Smith felt that the parade was not an appropriate thing to do with all the factors presented. Mr. Pacheco asked for additional information from Mr. Ellis regarding the parade, such as the number of participants, time of the parade, and cost associated with the parade. Mr. Pacheco motioned and Mrs. Smith seconded to table until further information was provided to the Board. Mr. McKinnon made it unanimous.
Mr. Pacheco motioned and Mrs. Smith seconded to approve the dedication of a plaque at the four-corners in memory of Sgt. Monti on June 20, 2010. Mr. McKinnon made it unanimous.
7:30pm-Public Hearing-Christopher’s, alteration to premises.
Present was Attorney James Rudser and Theodore Kesaris, owner of Christopher’s. Attorney Rudser presented Mr. Buckner with confirmations of notice sent to the abutters regarding the hearing. Mr. McKinnon asked if Mr. Whittermore was on the list as an abutter. Attorney Rudser informed that he was not an immediate abutter; therefore, notice was not sent to him. He said that the plans submitted were the identical plans as presented in 2008 for the construction an open patio on the front of the building. The capacity of the proposed deck would be 42 additional seats for a total of 185 sq. ft. The designed parking spaces would be 87 which would give a surplus of 39 spaces for the establishment and would still fall within the Town’s by-laws for parking. Attorney Rudser stated
that in 2008, the Board denied the applicant due to noise and parking. He discussed the subsequent appeal held at the ABCC where parking and noise were the issues raised. At the ABCC hearing, there was a discussion regarding vehicles parked along Rt. 138. Attorney Rudser stated that no vehicles were ever towed from Rt. 138 or Elm Street and that neighbors in attendance could only recall about 10-12 incidents where noise was an issue. Since the last meeting, Mr. Kesaris had hired an engineer and the back wall of the establishment had been sound proofed. Attorney Rudser stated that the application does have merit this year and that the construction of the deck would not increase the noise in the area. Mr. McKinnon asked if there were recent research completed regarding the number of parking spaces as described on the plan. Attorney Rudser read from the plans the calculated number of parking spaces along with Article 6.5(D)2.
Alan Perry, Health Agent, was present and said that because of the alterations being made, the Board of Health would require a filing for the serving of food along with a possible review of the septic/sewer system due to the increase in the business size. Also present were Marilyn Whalley, Town Planner, and Dennis Machado, Building Commissioner. Ms. Whalley presented written testimony that she had reviewed the Town’s Zoning By-Laws for site plan review and parking, Article 13.2(b) and Article 6.5(d) subsection 7(B). Ms. Whalley said that under current zoning, the business as it existed did not have enough parking. The proposed design would cause the establishment to be further under the required parking spaces. Ms. Whalley said that she had visited the site recently and commented on the
following: circulation around the site, non-existing striping within the parking lot, no exiting signs and dumpster location. She also felt that the proposed design would push the handicap parking into a safety zone especially for individuals in wheel chairs. Ms. Whalley informed the Board that the Town’s Zoning By-Laws for parking were changed in 2007. All figures presented to the Board were based on the Certificate of Occupancy which is 216. Chief Pacheco stated that he has been monitoring the establishment for the past year for noise complaints and stated that there had been no complaints filed. Mr. McKinnon asked if vehicles were still parking at the medial building on Rt. 138. Chief Pacheco said that there had been no parking in the medical building or on Rt. 138 since the last meeting. Chief Januse was present and informed the Board that the building is up to code for the Fire Department. He had concerns with the deck
not having an exit, especially during an evacuation.
Mr. McKinnon stated that even though Mr. Whittemore was not a direct abutter, he recently asked that his concerns with the alterations to Christopher’s be stated: Mr. Whittemore statement was that he feels the addition to the establishment would interfere with his quality of life. No one present spoke in opposition or in favor of the project. Mr. McKinnon stated that he felt the proposed design was not complete based on the presentation from the Town Planner. Mr. Machado stated that the design proposed this evening would need to be presented to the Planning Board due to changes in the establishment and in the number of parking spaces. Mr. Pacheco stated that information presented was inadequate and incomplete. Attorney Rudser stated that the plan submitted to the Board this evening
was subjected to a design review back in 2008 and that his client felt it was adequate. Attorney Rudser requested the Board to table their decision and take no action at this time allowing his client to communicate with the Board of Health and Planning Board.
Mr. McKinnon said that because of extensive review needed within the Town, he rather not continue the hearing. Mr. Pacheco motioned and Mrs. Smith seconded to deny the application based on testimonials presented, inadequate information and plan revision. Mr. McKinnon made it unanimous.
Peter King presented a hand sketch drawing printed on a poster of Sgt. Jared Monti. He said that he attended celebrations in NY City on St. Patrick’s Day where he obtained the poster.
A press release was read by Chief Pacheco regarding the arrest of two individuals who were breaking into vehicles and stealing merchandise. Arresting Officers were Brian LaVertre, Officer Riley and Officer Sheehan.
Chief Januse read the March Activity Report for the Fire Department.
Mr. Buckner’s Town Administrator’s report was reviewed.
Mr. Pacheco motioned and Mrs. Smith seconded to approve April 23, 2010 as the deadline for submittal of articles for the Special Town Meeting Warrant. Mr. McKinnon made it unanimous.
Correspondence – The Board received from the Office of the Governor information regarding Chapter 90 Local Transportation Aid Funding. The letter certifies that the Town of Raynham will receive $368,644 for FY11 Chapter 90.
Correspondence – The Board received from the Professional Fire Fighters of Raynham information regarding scheduling a meeting for Collective Bargaining Agreements Article XL Safety Equipment Committee. Mr. Buckner said that he will be working with the Fire Fighters to organize a meeting.
Correspondence – The Board received information regarding the Town of Raynham Rabies Clinic on April 10, 2010.
Correspondence – The Board received the following requests for Tag Days: Veteran Memorial Committee for April 25, 2010 and Sparks All-Star Cheerleading for June 26 & 27, 2010. Mr. Pacheco motioned and Mrs. Smith seconded to approve the above-listed Tag Days. Mr. McKinnon made it unanimous.
Mr. McKinnon informed all that the Board was meeting with the Finance Committee following the regular Board of Selectmen meeting.
8:35pm-Mr. Pacheco motioned and Mrs. Smith 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 Caradonna
Recording Secretary
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