Town of Raynham, MA - Planning Board Minutes March 10, 2005

The Raynham Planning Board held a meeting on Thursday, March 10, 2005, at Raynham Town Hall. The meeting opened at 6:30 p.m. with Board members Daniel Andrade, Burke Fountain, Carl Carlson, John Canto and Chris Gallagher present. Also present were Town Planner Richard McCarthy, Administrative Assistant Maureen McKenney and John Schmid of Judith Nitsch Engineering, Inc. (JNEI).

6:30 p.m. - John Romani, Raynham, MA, appeared before the Board with a Form A plan entitled "Plan of Land in Raynham, Massachusetts Owned By Patricia Romani," dated September 28, 2000, revised February 27, 2001, for land on Nottingham Drive. Mr. Romani explained the Form A plan had been approved and signed by the Board in 2001 but it was never recorded so he was presenting the exact same plan tonight for the Board to resign. He noted he had the plan restamped by an engineer. Mr. Romani requested the Board resign the duplicate original of the plan so it could be recorded. After review of the plan, Board members agreed it was the same plan that was previously approved and signed. After discussion, the Board agreed there was no submittal fee due because it was just a resigning of the original. A motion was made to allow Mr. Carlson to sign the plan presented; motion seconded; the motion passed by unanimous vote. Mr. Carlson signed the plan.

6:40 p.m. - Arthur Borden of A. Borden Associates, Raynham, MA, presented a revised Form A plan for land on North Main Street. Mr. Borden explained the plan was revised as had been requested by the Board at the previous meeting. The plan was reviewed. It was noted the application, deed and MLC were in good order. A motion was made to approve the "Plan of Land in Raynham, Massachusetts Prepared For Wilbur Irrevocable Trust," dated August 26, 2004, motion was seconded; the motion passed by unanimous vote. The Form A was endorsed. Discussion followed regarding the fact that the wetland line was not shown on the plan, as required by the Board's regulations. After discussion, the Board agreed the wetland line should be shown on the plan.

General Business: Letter dated February 14, 2005 was received from Michael and Nancy Monaghan, Bridge Street, Raynham. Mr. and Mrs. Monaghan informed the Board that the newly constructed car wash at the ExxonMobil on Broadway, which they abut, emits an excessively loud and harsh blaring horn noise when cars enter the car wash. The Monaghans also noted the car wash did not close at 11 p.m. as they understood it would but rather it seemed to be running 24 hours a day. After discussion of the matter, the Board instructed the Town Planner to conduct a site visit and send the owner of the site a letter informing him of the situation.

6:53 p.m. - Mark Tisdale, Hayward-Boynton & Williams (HBW) appeared before the Board to discuss a proposed one-lot preliminary subdivision for land on Warren Street West. Mr. Tisdale noted the preliminary plan was presented to the Conservation Commission and had received approval. He informed the Board the proposed plan would need several waivers from the Planning Board.

During discussion of the proposed plan, Board members agreed Mr. Tisdale should consult with Rod Palmer, the Zoning Enforcement Officer, to determine if wetland resource areas can be applied towards the upland requirement of the zoning by-laws. Board members also agreed they would consider waivers for the plan if the applicant can prove the plan could be built within the rules and regulations without waivers. It was also noted the subdivision must have a Warren Street address. No action was taken on the plan.

7:05 p.m. - Harry's Auto Body site plan public hearing was opened. Mr. Carlson read the hearing notice. Attorney Edmund Brennan, Taunton, MA, was present on behalf of applicant Robert Powell. Correspondence on the plan was received from JNEI, dated March 9, 2005; Attorney Brennan, dated February 28, 2005; Alan Perry, Board of Health Agent, dated March 7, 2005; Highway Superintendent Roger Stolte, dated March 7, 2005; and Fire Chief George Andrews, dated March 8, 2005.

After review of the correspondence, Mr. Powell informed the Board that floor drains were not planned for the new garage. He noted the site will be connected to municipal sewer, the existing house will remain on the site but the barn will be razed, and some of the old cars on the site will be removed. Mr. Powell noted the plan is presently before the Conservation Commission for approval.

Board members discussed Attorney Brennan's February 28th letter, in which Attorney Brennan stated the site could be considered a manufacturing use according to the zoning by-laws so there is sufficient parking being provided on the plan. Mr. McCarthy suggested the parking space requirement should be discussed with Mr. Palmer to determine if a special permit is needed for parking space reduction.

After further discussion, Attorney Brennan agreed he would consult with Mr. Palmer and he would provide the drainage calculations and soil test for JNEI to review before the next meeting. Upon a request from John Schmid, it was agreed that a design review meeting will be held with the Conservation Commission agent to discuss the plan. Attorney Brennan also agreed to provide a lighting plan for the next meeting. After further discussion of the parking, Attorney Brennan agreed to apply for a special permit for the parking reduction. The public hearing was then continued to March 24, 2005, 6:45 p.m.

General Business: A letter dated March 7, 2005 was received from Highway Superintendent Roger Stolte regarding the subdivision plan for 225 R. North Main Street. During discussion, it was noted the subdivision plan had been approved at a recent Board meeting. After discussion, Mr. Gallagher agreed to discuss the matter further with Mr. Stolte.

8:00 p.m. - Mr. Andrade reconvened the Planning Board meeting at the Town Hall. He apologized for the inconvenience to those present due to the fact that the Senior Center was not available for the Wal-Mart hearing as planned and the meeting had to return to Town Hall. The Wal-Mart site plan, subdivision and special permit public hearings were then reconvened. Correspondence on the plan was received from JNEI, dated February 24, 2005; JNEI Memorandum re. Draft Traffic Study, dated February 24, 2005; letter dated March 8, 2005 from Mayor Robert G. Nunes; letter dated March 4,2005 from Robert Gamache; letter dated March 9, 2005 from Johanna Andrade, City of Taunton, Assistant City Clerk, letter dated February 24, 2005 from TEC Transportation.

Doug Prentiss, the traffic consultant with JNEI, appeared before the Board to discuss the traffic study he conducted for the project. Mr. Prentiss discussed the Memorandum dated February 24, 2005 that the prepared. Mr. Prentiss suggested the proponents summarize their traffic findings to one report. He also noted the project triggers a MEPA filing.

Attorney Tuchmann informed the Board that a draft ENI was filed and input on the project will be accepted by MEPA when the final filing is submitted. Mr. Andrade suggested Attorney Tuchmann notify the Town when the final filing is made as a courtesy.

Mr. Prentiss continued his review of his traffic study. He suggested the following: a truck routing plan be submitted, a conceptual plan for the proposed new traffic light be submitted, a vehicle queuing plan be submitted, paving and marking plan with signage, islands, etc. be submitted. Mr. Prentiss noted that accident data indicated a high accident rate in the area and asked what the applicant proposed to do to handle this situation. ~Mr. Prentiss discussed the sequence of mitigation that has been proposed by the applicant. He noted the King Philip Street intersection is presently rated "F" so a traffic light would help greatly in that area. He also noted signal timings for lights in Taunton will be helpful. Mr. Prentiss noted it is important that the Board or JNEI send comments to the State before the State makes final decisions on the locations of lights but there were no guarantees to which intersections along Rte. 138 would warrant a light by the State.

During discussion of the traffic issues, Board members agreed the Wal-Mart applicants should consolidate their traffic findings into one report and a plan with all the designed intersections would be helpful to the Board. During discussion, Mr. Canto questioned what the maximum safe number of cars was on Rte. 138 and whether the issue of bottlenecking on Rte. 138 was being addressed.

Attorney Tuchmann informed the Board the applicant is attempting to get the project design for Rte. 138 and Rt. 495 improvements implemented by the State. Attorney Tuchmann also informed the Board that conceptual drawings of the proposed lane and road improvements have been done and he will provide those. He noted mitigation has been proposed towards the area's accident rate and the issue of lights at King Philip Street has been addressed. Attorney Tuchmann informed the Board that he recently met with representatives of the City of Taunton and Raynham Town Planner Richard McCarthy and as a result the applicant agreed to fund a traffic peer review for Taunton.

Taunton City Councilor Barry Amaral was present and Mr. Andrade asked him if Taunton has a fund that Rte. 138 businesses could contribute to for Rte. 138 road improvements. Mr. Amaral said he did not know of one. Mr. Andrade noted it would help if businesses mitigated for Rte. 138 improvements. Discussion followed regarding the fact that Rte. 138 in Taunton is not a State road. Attorney Tuchmann noted the State is only concerned with State roads but Wal-Mart is concerned with all the roads involved. John Schmid noted that MEPA might not consider factors outside their jurisdiction.

Mr. Andrade, noting that a letter had been received from the Mayor of Taunton, said he was concerned with the State listening to a Taunton traffic report over a Raynham traffic report. Barry Amaral noted the State was also concerned with the project's impact to Taunton even though Rt. 138 in Taunton is not a State road.

Gary McNaughton of McMahon Associates, traffic consultants for the applicant, addressed the Board to comment on the plan. He noted that King Philip Street is a Mass. Highway problem and will be getting a traffic light, which Wal-Mart will pay for. He noted the State has agreed to the concept of the proposed King Philip Street redesign. He noted a light is not warranted for First Street but a car detection system for signal timing will be provided there. He also noted Britton Street is an "F" intersection but is not warranted for a light but Center Street has been warranted for a light. Mr. McNaughton discussed the Rt. 495 ramps and the Carver Street and Center Street intersections. Mr. McNaughton also discussed the Taunton intersections along Rte. 138, noting that many of them were above the State accident level. During discussion, Attorney Tuchmann noted the Beta traffic study for the City of Taunton will consider whether or not a light is needed at Jackson Street. Mr. McNaughton stated he found nothing troublesome in the traffic studies. After discussion, Board members noted they would like all the traffic reports to agree on the issues.

Matt Hooper, Reid Street, addressed the Board, stating he took issue with the remediation and mitigation. He noted no mitigation strategies were presented by Wal-Mart for any problems relating to the project that might arise at a later date.~ Mr. Hooper stated that Mass. Highway was not considering the impact of traffic that would use side streets in order to avoid Rte. 138.~ Mr. Canto then suggested that Wal-Mart be required to post a performance bond for the project.~ Mr. Hooper asked how he could comment to MEPA on the ENF.~ The Board advised him to check with the Town Planner or to register with MEPA on-line for information.

Kevin Dandrade of TEC Transportation, traffic consultant for Demoulas Markets, addressed the Board and discussed traffic issues outlined in his letter of February 24, 2005.~ He noted that multiple curb cuts along a road could increase the potential for accidents.~He noted the Wal-Mart volume warrants a left turn lane into.

Ray Platt, High Ridge Drive, addressed the Board.~ He asked Mr. Dandrade if Market Basket would entertain a service access road between Wal-Mart and the Market Basket.~ Mr. Dandrade stated his client has not considered that yet and he has not discussed the issue with them.~ Mr. Platt asked if Wal-Mart would be willing to consider an access road if Market Basket would, and Attorney Tuchmann answered yes.

Mr. Platt stated that the proposed 40 feet high lights at Wal-Mart were unacceptable and the lights should be no higher than others in the area.~ Mr. Gallagher noted that issue was still in the negotiation stage. Matt Smith, Bohler Engineering, discussed the lighting plan.~ He noted the plan showed 28 feet high lights while the Town guidelines were 20 feet lights.~ He noted 44 poles with 85 fixtures were proposed and that Market Basket has 28 poles that are 30 feet high, and the Rte. 44 Wal-Mart light poles are 42 feet high.

After discussion, Board members spoke of their concerns to be addressed at the next meeting.~ Mr. Gallagher noted Mass. Highway does not like the proposed parking reduction; snow removal is of concern; impervious coverage should be no more than that of the Market Basket in order to be consistent.~ Mr. Gallagher offered to attend the ZBA hearing to discuss the plan.~ He asked if the proposed new Town well is on the plan.~ He questioned whether or not the use is allowed in the water resource zone.~ He also noted no excavation is allowed within 4 feet of the water table.~ Mr. Gallagher requested that JNEI review the soil testing.

Mr. Fountain noted he has issues with the lighting, the parking, for which he said he is unlikely to vote for a waiver, and with the removal and storage of snow at the site.~ He suggested the applicant should work with the neighbors on concerns with lights and a safe truck route.~ He stated the applicant needs to make certain the traffic runs smoothly.

Mr. Carlson stated he wants a listing of the State improvements projects scheduled to begin work.~ He noted he would not vote for the project unless the traffic lights are in and that Wal-Mart should pay for the lights.~ He noted he also has issues with the parking, truck traffic and snow removal.~

Mr. Canto stated he has concerns with the traffic and he believes a performance guarantee for the project is needed.~ He also has issues with the snow removal, with the safety of the wells, and with who will maintain the wells in the event of possible contamination.~

Mr. Fountain noted input on the wells is needed from the North Raynham Water District (NRWD).~ John Donahue of the NRWD stated the district has not received a water impact report and the District has serious concerns with the area and with parking due to the fact that wells circle the site.

Matt Hooper addressed the Board and noted that other projects have been allowed to pave their sites in excess of the zoning by-laws.~ He stated he was concerned with the effect on the wells over time and the practice of granting "variances" for projects must stop.~ Mr. Andrade noted that often times the water runoff from new projects that is refiltered from a site into the ground is cleaner.~ Mr. Hooper stated that pavement from projects seems to be closer to buffer areas, which was a concern, and he agreed a performance guarantee should be required.

Mr. Andrade stated his concerns related to three areas: on site, offsite and police and fire.~ He noted site issues were lights, parking reduction, and snow removal.~ Offsite concerns are traffic and traffic signals.~ He noted it was important the improvements be made and it would be good if the developer pays for improvements such as roads and signals.~ Mr. Andrade noted having two Wal-Marts in Raynham could help the police department, fire department and the taxpayers through mitigation. He noted the two large flat roofs on the Wal-Mart buildings might be of concern to the fire department.~ Mr. Andrade stated the subdivision plan for the site cannot be looked at as a "dummy plan" and he requested the applicant forward it to JNEI for review.~ Mr. Andrade also requested an extension of the Board's time-to-act.~ Attorney Tuchmann agreed to sign the proper extension form.

After discussion, it was agreed to continue the hearing to the next Board meeting.~ Mr. Andrade noted the City of Taunton's wishes that the Board hold off on making a decision on the project until their traffic study is done will be respected.~ There was brief discussion about the possibility of extending the sewer line to the Raynham-Taunton line.~~Attorney Tuchmann noted that issue was discussed with the City of Taunton and Wal-Mart is prepared to provide an interflow filter to alleviate water flow into the system or in the alternative to sewer, an on-site system can be provided.~

Mr. Andrade informed the applicant there is a negative $1,269.98 balance in their review account. Motion was made and seconded to request $5,000 for deposit into the account; motion passed by unanimous vote. After discussion, the public hearing was continued to March 24, 2005, 7:30 p.m.

9:55 p.m. General business: Board members discussed the fact that JNEI will be guiding them on the Wal-Mart plans. It was agreed JNEI would draft a mitigation list for the proposal. They noted the longer outlook of five to ten years should be considered and they agreed a Master Plan is needed for Rte. 138. They also agreed the Town could influence the State decision regarding the traffic lights