The Raynham Planning Board held its regular meeting on Thursday, March 24, 2005, at Raynham Town Hall. The meeting opened at 6:33 p.m. with Daniel Andrade, John Canto, Carl Carlson, Burke Fountain and Chris Gallagher present. Also present were Town Planner Richard McCarthy, John Schmid of Judith Nitsch Engineering, Inc. (JNEI), and Administrative Assistant Maureen McKenney.
6:35 p.m. - Tom Armitage of Quequechan Builders appeared before the Board and requested the Board establish the surety bond amount for Forge Knoll subdivision/Pamela 's Way off South Main Street.~ A Forge Knoll Construction Cost Estimate, dated February 7, 2005, was received from JNEI.~ During discussion, it was noted that at the previous meeting, Board members had agreed upon the estimate amount established by JNEI but had tabled a vote on the matter until the approved Forge Knoll plan was endorsed.~ Board members then endorsed the Forge Knoll plan.~ They informed Mr. Armitage that any construction that was started prior to this was at the applicant's risk. Mr. Armitage was agreeable to this.~ Mr. Fountain requested the applicant submit proof of the plan, covenant and easements being recorded.~ After discussion, a motion was made to
establish the bond amount at $138,915, as described in the JNEI Construction Cost Estimate dated February 7, 2005; motion was seconded; motion passed by unanimous vote.
6:40 p.m. - Shawn Freeman, Raynham, MA, presented Form A plan for his Pleasant Street/ Darrington Drive lot. The application, fee and MLC were submitted. After discussion, Board members agreed all property owners of the lots involved in the plan must sign the application. After discussion, motion was made to approve the plan entitled "A Plan of Land In Raynham, MA. Owner(s): Shawn D. and Irene Freeman Francis J. & Anne M. McGuirk," dated January 5, 2005, drawn by Azor Land Sciences, Inc., Lakeville, MA, as a plan not requiring subdivision approval, subject to all owners, Shawn and Louise Freeman and Anne and Francis McGuirk, signing the application; the motion was seconded; the motion passed by unanimous vote. Mr. Carlson endorsed the Form A plan, which will be held in escrow until Mr. Freeman provides the application form
with the proper signatures.
6:46 p.m. - Public hearing for Harry's Auto Body site plan was reconvened. Mr. McCarthy informed the Board that a design review meeting will be held for this plan on Monday, the 28th, with the Conservation Commission Agent. He also noted the applicant has filed the necessary special permit request for parking reduction.
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Neither the applicant nor his representative was present.~ The Board voted unanimously to continue the public hearing to April 14, 2005, 7:20 p.m. No testimony was taken.
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6:55 p.m. - General Business: Motion made to approve the minutes of February 10, 2005 as printed and to waive the reading; motion was seconded; the motion passed by unanimous vote.
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6:56 p.m. Attorney Edmund Brennan, Taunton, MA, was present as representative for Harry's Auto Body site plan. The Board informed Attorney Brennan that the hearing was continued to April 14th. Attorney Brennan signed an extension for the Board's time to act on the plan.
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7:00 p.m. - Town Planner update: Mr. McCarthy discussed proposed zoning amendments for the upcoming Annual Town Meeting, noting that a change in the upland requirements in the Farm and Forest District is proposed and the town's water resource map and the zoning map need to be formally accepted at the Town Meeting.~ He explained that both maps will soon be converted digitally for the Town's GIS system and once this is done, the maps will be much more useful to Town departments and the public.~ Mr. McCarthy also informed the Board that the new retreat by-law language still needed some reworking.~
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7:10 p.m. - Charlie Foran, C.H. Babb Co., appeared before the Board with a proposed modification to the approved C.H. Babb site plan. Correspondence dated March 24, 2005 on the modification was received from JNEI.~ John Schmid explained the proposed modification to the Board, noting that the planned building addition was being reduced to 19,200 square feet in size and a stormwater management system is being added.~ During discussion, it was noted that parking was not an issue because the building size was being reduced so additional parking is not required. Mr. Foran informed the Board there were no noise issues at the site. John Schmid stated the project has always complied with plans and that even with the proposed addition, the modified building size was less than the originally approved 25,000 square feet.
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After discussion, a motion was made to accept as a minor modification the plan entitled "Phase 2 Expansion, Proposed Building Addition, Lot 176-4H Paramount Drive, Raynham, Massachusetts," dated February 28, 2005, revised through
March 22, 2005, prepared by G.A.F. Engineering, Inc.; motion was seconded; motion approved by unanimous vote.
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7:20 p.m. - Town Planner update: Mr. McCarthy informed the Board that he talked with Trammell Crow Company regarding the noise issue at the car wash at the ExxonMobil station on Broadway. He explained there was a loud blaring horn at the car wash that was bothersome to the neighbors. Mr. McCarthy noted the noise issue was separate from the light shield issue, which is being taken care of by site contractor South Coast Development. He informed the Board that South Coast Development has requested return of their $6,000 in surety funds.~ After discussion, Board members unanimously voted not to release the $6,000 surety until all issues, including the horn, are resolved.
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General Business: Letter dated March 10, 2005, from Attorney David Gay, Taunton, MA, regarding a possible subdivision of the Cairns' property at 977 North Main Street was received.~ After discussion, it was agreed that Mr. McCarthy will discuss the issues raised in Attorney Gay's letter with the Conservation Commission.~ Mr. McCarthy noted he will be meeting with Attorney Gay on April 10, 2005.
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7:31 p.m. - Public hearings for Wal Mart site plan, special permit request and Prospect Leasing subdivision plan were reconvened.~ Attorney Robert Tuchmann of Wilmer, Cutler, Pickering, Hale and Dorr, Boston, MA, was present as applicants' representative, along with Matt Smith of Bohler Engineering.
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Mr. Andrade reminded the Board that at the last meeting Mr. Gallagher informed them that any building within 400 feet of the well is not allowed and he also noted the Board had not yet voted on the special permit parking reduction request but the consensus was they would not vote for a reduction.
Attorney Tuchmann informed the Board he disagreed with the 400 feet distance requirement but he understood that it would be observed by the applicant. He also said he disagreed with the Board's parking need but he would proceed on the basis of their preference.~ He then explained that a traffic study was being done for the City of Taunton and Gary McNaughton of McMahon Associates had met with the Taunton study group on this day, and they were
encouraged to be ready for the Raynham Planning Board's April 14, 2005 meeting.
Matt Smith informed the Board that three different plans had been submitted: a lighting plan, Conceptual Plan A and Conceptual Plan B. He explained the following about Plan A:~ it had the original building size of 208,000 s.f.; 1218 parking spaces, which were 9 feet wide; the driveway was moved north; parking and the basin were moved out of the 400 feet well area.~ He noted the applicant and Mr. Lopes have agreed on a cross access between the properties, which had been of concern to the fire department.
He noted a break away gate would be provided at the access road and it was possible the access area could later become common access with Market Basket.~ Mr. Andrade questioned the possibility of another access at the rear of the proposed cul-de-sac but Mr. Smith noted that could be a concern because of the Lopes truck traffic.~ During discussion, Board members agreed that the Wal Mart traffic and the Lopes traffic should both exit at the proposed lights.~ Attorney Tuchmann stated there could be no public road at this time and he asked the Board to proceed with that idea suspended.
Mr. Smith explained the following about Plan B: the perimeter was the same as Plan A; the driveway had not changed; the building was reduced by 26,000 s.f.; 1147 parking spaces were now being provided, fewer than Plan A; a snow storage area was provided on the plan.
There was discussion regarding the parking lot and how often it would be used to capacity.~ Mr. Smith reviewed the truck delivery route plan, noting it was designed for fire trucks access and for the largest Wal Mart trucks. Mr. Smith also informed the Board he has discussed the waiver requests with Mr. McCarthy and Mr. Gallagher.
Mr. Gallagher informed the Board that he has learned DEP regulations indicate a four feet separation between the basin and the water table but he believes the law is not well written.~ He noted the applicant might be okay with his proposed design.~ It was noted that the~ Conservation Commission prefers a four feet separation.~ Mr. Schmid suggested getting an opinion on the matter from the North Raynham Water District (NRWD) and the Conservation
Commission and then coming to an agreement on the matter.
Mr. Gallagher and Attorney Tuchmann discussed whether or not the ZBA submission was proper because it was filed based on the one-lot ANR plan and not the subdivision plan. Attorney Tuchmann noted the applicant can modify the internal lot line to accommodate the proposed site plan.
Mr. Andrade asked Board members which plan they preferred, conceptual Plan A or Plan B. Mr. Canto noted it was the traffic travelling to the site that dictated to him, not the size of the building. Mr. Carlson stated that a 10% reduction in building size was not less detrimental.~ He stated the larger building with more road improvements was best. Mr. Gallagher stated he does not have enough information to make a decision but he felt there was not much difference with the reduced building size. Mr. Fountain indicated he was concerned with ample parking being provided, noting there does not seem to be enough parking at the Rte. 44 Wal Mart. Mr. Andrade noted there was sufficient parking at the Rte. 44 store but that it was too far from the store. He stated a smaller building would bring less tax revenue. Board members discussed
off-site snow removal vs. on-site snow removal. During discussion, it was noted that no salt will be allowed on the site and that snow removal on site would mean less parking spaces.~ Mr. Carlson noted he was still waiting to see what traffic improvements are scheduled for Rte. 138. Mr. Canto noted road improvements will be needed regardless of the building size.~ He stated he was more concerned with the water supply and he wants to see agreements with the NRWD regarding maintenance of the filtering systems. Mr. Fountain suggested the applicant could work with the NRWD towards a snow removal and maintenance program.
Mr. Andrade stated he would rather see a larger building for more tax dollars and he was in favor of the 150 parking reduction plan.~ He noted the proposed light pole height is acceptable, the fire department is okay with the access plan, and the truck travel plan is good.
Board members and Mr. Smith further discussed the possibility of the Lopes trucks exiting at the proposed traffic light.~ Matt Smith noted Mr. Lopes is agreeable to the access road but he believed the Wal Mart and Lopes truck traffic should not be mingled at this time.~ Gary McNaughton discussed the proposed detection system that will coordinate traffic at First Street with the Market Basket traffic lights. Attorney Tuchmann then explained the proposed light timing along Rte.138.~ After further discussion, Board members agreed it was good planning for the Lopes entrance and the Wal Mart entrance to be combined.~ They suggested the applicant should try to plan in that direction. Attorney Tuchmann responded that there were too many variables to know how Mr. Lopes should proceed for the future.~ During discussion, it was noted trucks will be
able to exit the Lopes driveway by a detection system that will coordinate with the the Wal Mart lights and the Market Basket lights.
Mr. McNaughton informed the Board he will continue to work with the City of Taunton.~ He submitted to the Board a summary of the proposed Rte. 138 road improvements.~ Attorney Tuchmann noted he has talked with Mass. Highway and he expects to get more information about which projects on Rte. 138 will be done.
Mr. Andrade asked if those present from the NRWD had any comments. John Donahue, George Bellamy and Steve Dyer were present. Mr. Donahue spoke, noting the following: NRWD prefers the snow be left on site; Wal Mart has agreed to install observation wells; NRWD would like to inspect the filter systems and they would like to be able to do periodic site inspections after the project is completed; they would like to be able to set up a fine
structure for system problems; basins in the water table area would be problematic and the NRWD would frown upon waivers for the basin; and, 400 feet is the standard distance limit for disturbances and excavations.
Mr. Andrade discussed the fact that there are other sites in the area that have ongoing contamination. He asked how NRWD monitors these problems. Mr. Donahue noted DEP took care of many of the problems, including treating the water to extract contamination.~ Mr. Donahue stated that periodic monitoring is effective and this site would be no different.~ Mr. Schmid noted a large underground filter is proposed. Attorney Tuchmann informed the Board that the ZBA requested they prepare a monitoring system and they are doing that now.
Mr. Canto expressed concern with the garden center and possible spillage there.~ Mr. Donahue noted pesticides are a prohibited use in a Zone II and it was a matter of containment at the garden center.
Matt Smith stated the previous golf course use was not necessarily the best environmental use because fertilizers and pesticides were used. He noted this project will be increasing water flow to the aquifer because everything from storms will be captured. There was further discussion about the proposed basins and how they will work.
John Donahue discussed the fact that there is a proposed well at the southwest corner of this site and there was fear that the building activity will adversely affect the well, which would be very costly.~ He suggested Wal Mart could address this issue to alleviate any adverse effects. He noted this situation is not unique to Wal Mart and would apply to any project there. He noted the planned King Philip well No. 3 was adversely affected after development in the area.~ Attorney Tuchmann noted Wal Mart respects the issues cited by Mr. Donahue and is working on the issue. He noted there will be no blasting needed at the site so there should be no effect on the hydrogeology of the area. Mr. Donahue noted a remediation plan could be provided. Attorney Tuchmann stated that the ZBA seemed to indicate they would consider a condition that
NRWD issues be worked out by Wal Mart.
Mr. Andrade informed Mr. Donahue that in the future if the District has problems with wells due to subdivision development, they should notify the Board because surety funds are held escrow until subdivisions are completed to the Town's satisfaction.
Attorney Tuchmann noted the site only encompassed 3% of the well area and the applicant will propose a service contract and report on it to the NRWD and the Board of Health.
Matt Hooper, Reid Street, addressed the Board.~ He said he appreciated all the Board's work on the project but noted the Board should protect the town. He noted the plans were always changing, which was frustrating.~ He asked Mr. Donahue how important the wells were, and Mr. Donahue responded they were extremely important, noting that the District's largest well was in this area. He noted that digging near the water table was bad for the wells.
Mr. Hooper expressed concern that all runoff water will not be able to go through the filtering system. Mr. Gallagher asked how much the filters could handle from a storm. Mr. Smith explained the 100-year storm event and the system's design for such an event. He noted the system will clean more water than what is prescribed by DEP.
Mr. Andrade explained that changes to plans were part of the approval process.~ Mr. Hooper expressed his concerns with the timing of the lights. AttorneyTuchmann explained the light timing, noting there will be different light timing for different circumstances.
Mr. Hooper noted reports can be biased.~ John Schmid stated JNEI is reviewing the project for the Town and they are working for the best end project. Mr. Hooper stated he felt someone has to stop projects, and Mr. Canto explained the Board cannot say no to a project without documentation supporting their reason.~ Board members noted the applicant has provided a smaller building plan as an alternative.
Mr. Hooper stated he disagreed with the concept of fertilizer at the golf course not being good and he also disagreed with the fact that runoff water would be cleaner after going through the filtering system, as the applicant had indicated.
Donald McKinnon, Raynham Selectman and Board of Health member, questioned where the garden center would be located. He stated the proposed site of 26 acre was too small and the project should have additional land, especially with the proposed grocery store.~ He noted it was the Board's job to enforce Town laws.~ He stated he agreed with Mr. Hooper and he felt a risk was being taken with the Town's water and that the Board was being forced into a box.
Kevin Dandrade, TEC, Inc., spoke as a representative of Market Basket.~ He noted he has not been able to speak with his client yet about an access easement between the sites. He asked the Board to review his February 24, 2005 letter regarding issues with the subdivision plan and that the Board consider that information seriously.~ He expressed concern with the mixture of truck and site traffic.~ He noted a public access way could alleviate traffic concerns and also satisfy development.~ He stated he felt not all regulations were met in the site layout plan.
Mr. Andrade suggested Mr. Dandrade consult with Raynham Town Planner and JNEI for answers to his questions about the plans.~ Mr. Dandrade stated the issues in his letter were valid, and he cautioned the Board to take the applicant's requested waivers seriously.
Attorney Jeff Gould, representing the citizen's group Raynham First, addressed the Board. He noted 600 people had signed a petition opposed to this project (a copy was submitted) based on traffic issues and water degradation issues.~ He stated he will be submitting a letter from engineers regarding the project's impact to water and he believes the results will be
"alarming" and the preliminary comments he received were "vastly" different from the applicant's comments.
Mr. Andrade advised Attorney Gould to submit his information to the Town Planner so it can be part of the review. Mr. Gould continued, noting he believed the actual amount of impervious coverage is 72% and it will be "devastating" to the nearby brook and well. He stated he believes the filtration system cannot handle the project's impact.~ Attorney Gould
suggested the Board consider the motivation of input given to them.
Mr. Carlson noted the Board is reviewing the whole project. He noted the Board must make a proper decision with good reasons so their decision will not be adversely affected if appealed.
Matt Hooper asked the Board to "hold the line" when they could on this project and others following and not to make concessions.
Mr. Andrade asked the Board members to summarize their thoughts regarding Rte. 138 issues: Mr. Gallagher noted Raynham improvements seemed to be covered and he was okay with the proposed road lanes. Mr. Fountain noted the proposed lights are acceptable and he felt Broadway should be four lanes for long-term use.~ Mr. Carlson stated he wants the traffic improvements specified. He noted the State would not be doing work until 2007 and that date should be moved up sooner. He stated the proposals were a good start.
Mr. Canto stated he was still concerned with traffic issues and that Wal-Mart should bear the cost for work not done by the State before the project. He noted NRWD wants snow left on site. He noted he favored the smaller building with the appropriate parking.
Mr. Fountain explained that sometimes the Town will give something to a developer in exchange for something in return and that the Board must look at the big picture.~ Mr. Andrade stated he agreed with Mr. Fountain. He noted he would prefer a snow area on site so the runoff becomes filtered. He stated the Board could get some type of security for the NRWD. He also stated he wanted to see more coordination with the Lopes site. He noted business would be improving along Rte. 138 so there was no room for error on the project.
Attorney Tuchmann told the Board that the JNEI review comments seemed devoid of Wal Mart issues and he was not sure if the information required to address the subdivision comments would be valid at this time.~ He asked that action on the subdivision be held off until the special permit is decided.
Mr. Andrade said the Board understood and that Wal Mart could hold off on their response to those comments. After discussion, the Wal Mart public hearing was continued to April 14, 2005, 7:30 p.m., Raynham Town Hall.
General Business: Board members endorsed the Byron's Way subdivision plan.
10:30 p.m. - There being no further business, a motion was made, seconded, and unanimously approved to adjourn the meeting.
Respectfully submitted,
Chris Gallagher, Clerk
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