Town of Raynham, Massachusetts
558 South Main Street, Raynham, MA 02767
ph: 508.824.2707
Planning Board minutes November 8, 2007
The Raynham Planning Board meeting of November 8, 2007 opened at 6:10 p.m.
Board members present:  Daniel Andrade, Burke Fountain, Chris Gallagher, John Canto, Henry Ellis.
Staff present:  Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney,
6:03 p.m. Leonard Street Mitigation Funds - Highway Superintendent Roger Stolte appeared before the Board to discuss Leonard Street improvements and mitigation money set aside for those improvements.  Letter dated November 8, 2007 on the matter was received from Town Planner Richard McCarthy.  Mr. Stolte explained to the Board that the proposed improvements to Leonard Street have met opposition from neighborhood residents so the project has come to a standstill.  He further explained that his department purchased a new lawn mower and the payments on the mower have previously been made with funds from his department budget.  However, this year the funds for the payments on the mower have not been made available.  Mr. Stolte asked the Board to consider authorizing the Leonard Street mitigation funds for payment towards the mower.

The Board and Mr. Stolte discussed the fact that the funds were donated to the Town by the developer of Finch Farm for improvements to Leonard Street and whether or not those funds can be used for other purposes and specifically by Mr. Stolte for payment of the mower.  
After discussion, Mr. Fountain moved to allow the highway department to take $15,093.86 from Article 23 of the November 15, 205 Special Town Meeting to be used for payment of the lease option for the mower discussed by Mr. Stolte; second by Mr. Ellis; after discussion, Mr. Fountain moved to amend the motion that the funds be released subject to letter being received from Marc Antine stating the Board’s ability to use the funds as such; second by Mr. Ellis; amended motion passed by unanimous vote.
Mr. Stolte and the Board briefly discussed Brookside Circle.  Mr. Stolte noted there are improvements still to be made but funds are not available.  Mr. Stolte informed the Board that the Town has mitigation funds remaining from the Church Street / Rte. 44 traffic signal project because that project was state funded.  The discussion was tabled to a later date.
6:34 p.m. - Olson’s Greenhouses, 590 South Street East, Abbreviated Site Plan - Applicant Matt Piscatelli appeared before the Board with the approved site plan to be endorsed.  During discussion, it was noted the Town Clerk had not signed the plan yet.  Mr. Ellis moved that the Board sign the approved plan and release the plan to applicant subject to the Town Clerk’s signature on the plan; second by Mr. Fountain; motion passed by unanimous vote.
6:35 p.m. - Public Hearing for proposed zoning amendments for the November 2007 Special Town Meeting was opened.  Mr. Gallagher read the public hearing notice.  Mr. Fountain asked if anyone present had any questions or concerns.  No one responded.  Mr. McCarthy informed that at a recent meeting with several owners of Broadway properties regarding the proposed zoning changes to the Broadway area, no issues were brought up and the amendments were supported by those present at that meeting.
Mr. Fountain again asked if anyone present tonight had any questions or comments.  No one responded.  Mr. Fountain moved to recommend approval of all the proposed amendments at Town Meeting; second by Mr. Gallagher; motion passed by unanimous vote.
6:40 p.m.- Forge Knoll subdivision/Pamela Way ( off South Main Street) - applicant or a representative did not appear before the Board as scheduled to discuss bond release and an updated review report on the subject was not received from Nitsch Engineering.  The matter was tabled to December meeting to await report.
6:42 p.m. - Aspen Hollow Subdivision - Developer Mark Perron appeared before the Board to discuss matters at Aspen Hollow (located off North Main Street).  Copy of letter dated September 27, 2007 from Mr. Perron to Building Commissioner Rod Palmer regarding activities at the subdivision was received.  Mr. Perron updated the Board on the status of the subdivision.  
Tim Ellis, North Main Street, Raynham, addressed the Board and expressed concerns with the number of trucks entering and exiting the site for the past two years considering the fact that there are only a few lots in the subdivision.  He informed the Board he wants the subdivision project to get started.  He also noted there is a “massive” amount of loam brought in with large rocks being sifted out.
Mr. Perron advised that he will be starting work at the subdivision soon and lots are being sold now.  He noted that gravel is presently being brought in for the lots.  Mr. Gallagher explained that the trucks going into and out of the site are necessary for the roadwork to be done and it is typical that one lot in a new subdivision be used for stockpile.  He noted the Board could not force the work to be done because the economy dictates the situation.  
Mr. Andrade asked Mr. Perron if he was using the site as a pit to process materials, and Mr. Perron said he was not.  Mr. Andrade then stated it was the testimony of Mr. Perron that the site was not being used as a screening pit and if evidence was found that it was, it would become a Planning Board issue.
Mr. Canto requested that Mr. McCarthy review the Certificate of Action to see if there were any violations occurring at the site.
Mr. Ellis questioned why there is work being done on the site at night and he requested it be stopped.  Mr. Perron said he did not realize that was happening and that Mr. Ellis had concerns and he agreed to monitor the situation.
Mr. Fountain recommended the Board’s consulting engineer keep an eye on the situation.  Mr. McCarthy also agreed to monitor the situation.
6:52 p.m. - Johnson & Johnson Site Plan Minor Modification (325 Paramount Drive) - Gary Wilson, facility manager of Johnson & Johnson, appeared before the Board along with Fernando Lopes of Johnson & Johnson.  Mr. Wilson explained that a 30 ft. by 9 ft. chemical storage container/shed is planned.  He noted the shed will be fireproof, will be on a foundation, will have no lighting and there will be no air conditioning unit or heat pumps that would generate noise.
After discussion, Mr. Andrade moved to approve as a minor modification the request to allow the proposed chemical shed at 325 Paramount Drive per the plans submitted to the Raynham Building Department; second by Mr. Fountain.  Mr. Andrade moved to amend the motion specifying that if any abutters to the site approach the Planning Board regarding noise, light or  smell from the chemical container, the applicant shall be notified and the situation shall be rectified; second by Mr. Fountain; amended motion passed by unanimous vote.
7:00 p.m. - Form A Plan, Birch Hill Road (off Elm Street East) - Stuart Clark, P.E., ALS, Inc., Lakeville, MA, presented the plan to the Board.  He noted the property is located in both Bridgewater and Raynham and the Bridgewater Planning Board has already endorsed the plan.  Proper application and filing fee were submitted.  After review of the plan, Mr. Fountain moved to approve the plan entitled “Plan of Land In Raynham & Bridgewater, Massachusetts For Roland Gadry Prepared By Azor Land Sciences, Inc.,” Lakeville, MA, plan dated October 15, 2007,  as an Approval Not Required plan; second by Mr. Gallagher; motion passed by unanimous vote.  Mr. Gallagher signed the plan.
7:10 p.m. - Bella Estates Site Plan - the applicant was not present and the matter was tabled to December.
7:11 p.m. - Riverfront Preliminary Subdivision Plan Public Hearing - letter dated November 7, 2007 from applicant representative Attorney Edmund Brennan, Jr., was received requesting continuance of the public hearing.  After discussion, the matter was continued to December 13, 2007, 7 p.m.
7:12 p.m. - Mill Pond Preliminary Plan Public Hearing - letter dated October 26, 2007 was received from applicant James B. Williams requesting continuance of the hearing to December 6th.  After discussion, the hearing was continued to December 13, 2007, 7:10 p.m.  Mr. Ellis noted he missed the last hearing for this plan and he asked for a brief update.  Mr. Fountain briefly explained what was discussed at the last public hearing.  No testimony was taken.
7:30 p.m. - General Business - Mr. Fountain moved to waive the reading and approve the minutes of October 11, 2007 and October 25, 2007 as submitted; second by Mr. Ellis; motion passed by unanimous vote.
Copy of letter dated October 31, 2007 from Building Commissioner Rod Palmer to Paul Bumila, Hill Street, Raynham, regarding denial of a building permit on Tearall Road was received.  Mr. Andrade questioned why a building permit could not be issued for a Planning Board approved plan.  Building Commissioner Rod Palmer was present and explained that Tearall Road is not a town-maintained road.  Board members noted the road is considered an ancient Town way even though it is not a maintained roadway.  Mr. Palmer noted he believes his decision to deny will be appealed by the applicant.  No action was taken by the Board.
Copy of memo dated October 12, 2007 from John Schmid, Nitsch Engineering, regarding 480 Paramount Drive/Stover building was received.  After discussion, Board members agreed a final occupancy permit can be issued for the building.  
There was general discussion regarding the matter of spending the mitigation money submitted for Leonard Street.  Mr. Ellis noted the funds were to be used to rebuild Leonard Street and he was not sure they could be used for other purposes.  Mr. Gallagher noted he agreed.  Mr. Canto noted the funds were donated so the subdivision could be built.  Mr. Andrade noted the funds were donated to lessen the impact of the subdivision.  Mr. McCarthy noted there had been issues with the abutters to the subdivision and it was thought the funds donated could help with those issues.  It was noted the funds were accepted as mitigation not as a gift to the Town.  After discussion, it was agreed a letter should be sent to Town Counsel Marc Antine to determine the scope of using funds accepted by the Board.
There was no further business and the meeting closed at approximately 8:20 p.m.
Respectfully submitted,

Chris Gallagher, Clerk
Raynham Planning Board