The Raynham Planning Board held its regular meeting on Thursday, April 14, 2005, at Raynham Town Hall with Daniel Andrade, John Canto, Carl Carlson, Burke Fountain and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.
Mr. Andrade opened the meeting at 6:35 p.m.~ He noted it would be Mr. Carlson's last meeting after many years of serving on the Board, and he thanked Mr. Carlson for all of his dedicated years of service to the Town.
6:37 p.m. - Dan Aguiar, Sitec Engineering, presented a Form A plan for land on Finch Road.~ Mr. Aguiar explained that a lot line was being moved approximately five feet in order to accommodate the location of a house on Lot 2A, as shown on the plan.~ Tom Armitage of QBI Builders was present. He also explained the lot line was being moved to accommodate the house so it would conform to wetland and zoning regulations.~ After discussion, motion was made to accept the plan entitled "Approval Not Required Plan of Land In Raynham, MA Prepared For Finch Farm, LLC," dated March 15, 2005, prepared by Sitec, Inc., New Bedford, MA; motion seconded; motion passed by unanimous vote.~ Mr. Carlson endorsed the plan.
General Business:~ Motion was made to accept the minutes of February 24, 2005 as presented; motion seconded; motion passed by unanimous vote.
Tom Armitage, QBI Homes, addressed the Board regarding Pamela Way/Forge Knoll subdivision, located off South Main Street.~ Mr. Armitage presented a check for~$138,915.00~as~~ surety for completion of the subdivision.~ He requested the release of the three lots in the subdivision.~ Upon a question from Mr. Andrade, Mr. Armitage explained the three lots in Forge Knoll have separate sewer lines so they can be connected to the town sewer system.~ Mr. Armitage informed the Board the plan has been recorded.~ During discussion, it was noted the covenant had not been recorded.~ After discussion, the Board authorized Mr. McCarthy to inform the Building Commissioner that a Form J is not needed for the lots because the covenant was never recorded but the surety bond has been submitted.
6:55 p.m.- Ken Motta, Field Engineering, presented a Form A plan for 1900 Broadway.~ He noted that Parcel A shown on the plan is being combined with abutting property owned by Carney in order to square off the property.~ Mr. Motta noted a business will be located on Lot 1. After discussion, motion was made to accept the plan entitled "Plan of Land Broadway (Route 138) Raynham, Massachusetts Prepared For Euro Tech Auto Body," dated April 12, 2005, by Cullinane Engineering; motion was seconded; motion passed by unanimous vote.~ Mr. Carlson signed the plan.
7:00 p.m.~ - Public hearing for Caitlyn Estates (located off White Street) was opened.~ Mr. Carlson read the hearing notice.~ Paul Patenaude, P.E., Earth Services Corp., appeared before the Board on behalf of the applicant, Steven Joyce.~ Mr. Patenaude submitted a letter dated April 11, 2005, requesting a continuance of the hearing.~ After discussion, the hearing was continued to April 28, 2005.~ No testimony was taken.~ It was noted Mr. Gallagher will not be voting on this plan due to a conflict.
7:12 p.m. - Peter Wolski, P.E., Field Engineering, presented the approved site plan for Creative Day Care in Forge Park subdivision.~ The Certificate of Action was reviewed for compliance.~ During discussion, it was noted the Certificate of Action had not been added to the plan as required.~ The matter was then tabled to later in the meeting so COA could be added to the plan.~
7:20 p.m. - Harry's Auto Body site plan (South Street West) public hearing was continued.~ The public hearing for the associated parking reduction special permit was opened.~ Mr. Carlson read the hearing notice for the special permit.~ Attorney Pollack of Brennan, Recupero, Cascione, Scungio & McAllister, was present as the applicant's representative.~ Attorney Pollack presented a letter dated April 14, 2005, from Attorney Edmund Brennan, which included a list of requested waivers for the site plan.~ Review correspondence dated April 1, 2005 was received from Judith Nitsch Engineering, Inc. (JNEI).
Robert Powell was present.~ He informed the Board that the only remaining issues to be discussed were parking and lighting.~ Mr. McCarthy informed the Board that the waivers must be voted on but the main reason for the continued hearing was the special permit for parking reduction.~ Mr. Andrade then read the waiver requests for the record.~ During discussion, it was noted the erosion control matter was before the Conservation Commission, and no new lights are being added to the site.~ After discussion, Board members agreed they would like to reserve the right to require light shields if necessary.~ A motion was made to approve the waivers, as read and requested on the undated sheet attached to Attorney Edmund Brennan's April 14, 2005 letter, except for waiver from Sec. 4.19 and 4.21 granted with the condition of light shields as discussed;
motion was seconded; motion approved by unanimous vote.
The special permit request for reduction from 40 spaces as required to 32 spaces was discussed.~ During discussion, Mr. Powell noted approximately 22 cars weekly are on the site and at most there would be 25 to 30 cars on the lot.~ After discussion, motion was made to approve the special permit request; motion was seconded; motion passed by unanimous vote.~ A motion was then made to approve the site plan entitled "Proposed Expansion, Harry's Auto Body, 679 South Street West, Raynham, MA," dated December 14, 2004, last revised March 30, 2005, prepared Silvia Engineering Associates, Inc.; motion was seconded; motion passed by unanimous vote.
7:40 p.m. - ~A brief recess was called.
7:44 p.m. - The meeting was reconvened.~ The Wal-Mart site plan, special permit and subdivision plan public hearings were reconvened.~ Letter dated April 13, 2005 was received from Bohler Engineering, Inc., in response to February 24, 2005 review comments by JNEI.~ A copy of Wal-Mart Traffic Study Review, dated April 6, 2005, from BETA Group, Inc. to the Taunton Department of Public Works, was received. A copy of Memorandum dated April 13, 2005 from Dufresne-Henry (D-H) to North Raynham Water District (NRWD) was received.~ John Donahue, NRWD commissioner was present and informed the Board the NRWD does have concerns with the project and they were awaiting more reports.~ Attorney Robert Tuchmann, Wal-Mart representative, informed the Board he had just now seen a copy of the D-H letter.~
Mr. Donahue discussed the D-H letter.~ He stated NRWD would appreciate it if the Planning Board would incorporate the D-H comments into their decision.~ Mr. Donahue noted the comments on Page 2 of the letter were very important because of Zone II concerns.~ During discussion, Attorney Tuchmann noted that calcium chloride would be used to remove snow instead of salt, and snow would be relocated to a section in the recharge area in order to recharge the aquifer.~ Steve Dyer, NRWD commissioner, spoke about the issue of snow removal.~
Upon a question from Mr. Andrade, Mr. Donahue noted a good place to relocate the snow was on the Lopes property because it was west of the well and the location would be good for filtration.~ Mr. Andrade said the Board did not want to impose off-site snow removal if that would hurt the NRWD wells and the Board was not so concerned with a loss of parking spaces if the snow were kept on site.~ Mr. Fountain said he preferred the snow stay on site but the applicant could move it if they preferred.~ After discussion, Board members agreed if the snow were removed from the site, the NRWD should be notified; Attorney Tuchmann was agreeable to that.
Mr. Donahue asked how often the parking lot would be swept.~ Matt Smith, Bohler Engineering, stated it was done quarterly, and the catch basins and filters were also cleaned then.~ Attorney Tuchmann told Mr. Donahue that reports would be sent out when the maintenance was done.~ Matt Smith agreed to provide the figures showing the cost of the sweeping and cleaning.~ Mr. Dyer stated the NRWD would want to see the reports.~ Attorney Tuchmann agreed that Wal-Mart would provide maintenance plans and agreements for the NRWD.~ Mr. Donahue stated that independent of their engineer's approval, everything seemed okay.~ Upon question from Mr. Fountain, Mr. Donahue noted NRWD can bill Wal-Mart for maintenance work not fulfilled.~ Attorney Tuchmann noted Wal-Mart would be "piggy-backing" on well testing done by NRWD.
Mr. Donahue continued with his review of the D-H letter.~ He explained the reason for the 4-feet separation between drainage and water table.~ He noted the District's engineer was convinced no damage will be done to the water table by the proposal. Mr. Gallagher stated he was okay with the proposal if the engineer was happy with it.~ Mr. Donahue stated they were not happy but were satisfied that steps were being taken to protect the NRWD.~
Mr. Andrade noted that a traffic report was received from BETA Group.~ He asked if a representative from Taunton was present but no one responded.~~ Mr. Andrade stated it was important that reports on behalf of others being affected by the proposal are looked at.~ He noted that Jackson Street in Taunton will be affected by the Wal-Mart and it was up to the City of Taunton to decide how to handle the situation.~ He also noted there was only a 51 car difference between the Taunton traffic report and the Wal-Mart report, which he felt was good.~ Mr. Andrade stated he felt the Taunton traffic report concluded that the Wal-Mart traffic report was 100% correct.~ Mr. Andrade reiterated he felt Jackson Street has to be addressed now.~ Mr. Canto agreed Jackson Street was a priority.~ Mr. Andrade stated further mitigation, financial or otherwise, for
Broadway was not needed.~ He noted that Center Street in Raynham was being overlooked, noting the State planned improvements for Rte. 495 overpass in 2007 and the Center Streets improvements would be after the Rte. 495 improvements.~ Mr. Andrade said that Center Street improvements should come in Phase I of the project before Rt. 495 improvements, and Rte. 495 improvements should happen before Phase II.
Donald McKinnon, Raynham Selectman, addressed the Board, stating he felt he was clear when he previously spoke of Taunton being satisfied with the proposal.~ He noted the Town was now entering into a sewer pact with the City of Taunton and nothing has happened that changes what he previously said.~ He stated the Town Planner, City Planner and a Mass. Highway representative should meet and discuss improvements from the root beer stand to the Taunton city line to make sure Taunton's needs are being met.~ Mr. McKinnon noted the BETA report was not necessarily the opinion of Taunton's Mayor and Council.~ He asked the Board to look seriously at the project's impact on Taunton, noting he has not changed his opinion because of recent business with the city of Taunton.
Mr. Andrade noted the Board had been asked to delay their decision until an independent report was done for Taunton and the BETA Group report has confirmed that other reports were accurate.~ Mr. Andrade noted that cars leaving Taunton are traversing Raynham intersections, with 11-12 thousand cars traveling daily on Rte. 138;~Mr. Fountain noted that was a good point, and he agreed with Mr. Andrade.~ Mr. Fountain suggested Wal-Mart could alleviate some of the traffic impact by helping with the cost of four lanes from the site to Washington Street but he felt doing work to the Taunton Green was "stretching it."
Attorney Tuchmann informed the Board the applicant had met with Mass. Highway and was told no three- or four-lane roads would be allowed in residential sections of Broadway.~ During discussion, it was noted that Mass. Highway has no input on the Taunton portion of Broadway because the state road ends at Jackson Street.~ Gary McNaughton of McMahon Associates told the Board that Mass. Highway looked at all the traffic information up to Washington Street in Taunton but they did not mention Jackson Street.~
Attorney Tuchmann informed the Board the estimated value of Taunton's "wish" list was $1.7 million plus the additional cost for Taunton Green.~ Mr. Carlson stated that any wish list should be specific.~ Mr. Fountain noted the Planning Board has been accepting mitigation funds from developers and the funds have been used for Rte. 44 improvements.~ Mr. Fountain suggested that if Wal-Mart contributed funds towards traffic lights in Taunton, the work must be done or the funds would have to be returned.~ Mr. Andrade agreed with the idea of the funds going into an escrow account specifically for road improvements.~ Mr. Andrade noted the proposed mitigation for Taunton was adequate with the exception of Jackson Street.~ He also stated he wanted Center Street lights before Wal-Mart is completed and the lights at Rte. 495 could wait for the
State.~ During discussion, it was noted the State is also planning to do work at Center Street.~ Mr. Fountain said he did not like having Wal-Mart do work at Center Street if the State is supposed to do it.~ Mr. Canto agreed that Center Street is a priority.
Attorney Tuchmann~informed the Board the lights at Rte. 495 are at the design stage with the State and it is possible they will be done in 2006/2007, and the State is considering whether or not the design can be done by Wal-Mart now.~ Attorney Tuchmann summarized the following:~ Wal-Mart is trying to "wrest" control of Center Street from the State to meet the Town's objectives; Rte. 495 lights are in the design stage, and he thinks they will happen in the next round of State funding; Wal-Mart makes up 3% of the aquifer district and will take responsibility for the cost of a well with $400,000 being contributed for well construction; Wal-Mart will contribute $100,000 towards purchase of fire truck; Wal-Mart will bring sewer line from King Philip Street to beyond the Wal-Mart site.~ He noted they would be helping with the aquifer by
eliminating~septic systems, and they will be installing a pump station.~
Mr. Gallagher noted the sewer issue was not affecting too many in the area; Mr. Fountain noted the sites effected were close to the well.~ Mr. Andrade suggested the sewer be extended to the Taunton city line.~ Attorney Tuchmann said Wal-Mart would extend the line if the town wants to pay the additional cost, which will be more expensive because the line will be gravity feed and not force-feed.~ Mr. McCarthy agreed to contact the sewer department to find out where the sewer line will be dead-ended.
Mr. Donahue informed the Board the total cost of the NRWD well is $800,000.~
Mr. Carlson noted he had recently seen a news release regarding Wal-Mart designating open space land to communities.~ Attorney Tuchmann informed him that program was available in five states but not in Massachusetts.
Mr. Andrade asked if anyone present had any comments.~ Gerald Levesque, resident of Broadway, spoke to the Board, noting the following:~ the proposed building is a "behemoth"; there will be too much traffic; the project will be a big inconvenience to residents; the Broadway Wal-Mart building is bigger than the Rte. 44 building; and Rte. 138 is at its capacity.~ He asked the Board to downsize the project.
Kevin Dandrade, TEC Transportation & Construction, spoke to the Board and referred to his February 24, 2005 letter regarding the proposed subdivision plan.~ He stated there is a significant concern with traffic at the Market Basket site, and there will be operational issues with lights and timing.~ Mr. Dandrade stated that Judith Nitsch Engineering, Inc. (JNEI) should request simulation models for the proposed traffic lights for the Board to review at the next meeting.~ Mr. Gallagher stated he would like to see that happen.~ Mr. McCarthy said he would research the issue.~ Attorney Tuchmann noted that type of simulation comes at a later stage in the project and the State will review the models in a certain order.~ Gary McNaughton informed the Board that information is shown in the traffic reports and it shows that Market Basket will be at "A" level in the afternoon.~ After discussion, it was agreed that JNEI will be consulted on this issue.~ Mr. Dandrade stated he would leave it up
to JNEI whether or not a model is worth reviewing.
Mr. Gallagher said he has an issue with the site plan showing as one lot and not as a subdivision.~ Attorney Tuchmann noted the subdivision was submitted as means to preserve zoning.~ He stated the applicant could accept a condition stating that if no building permit is issued within two years of appeals, the proposed subdivision would be null and void.~ He noted the internal lot lines of the subdivision would not be an issue.~ During discussion, it was noted the subdivision aspect of the project is a technical, costly paper exercise.~
Kevin Dandrade stated that the subdivision and site plan go hand and hand, and the Board could plan for a road for the Rapid Real Estate parcel, which abuts the site to the north, and that would provide access and a better traffic flow between Wal-Mart and Market Basket.~ Mr. Canto and Mr. Gallagher both noted that was a valid point.~ Mr. Andrade stated he was concerned but that there are 60 acres remaining for development at a later time.~ Mr. Dandrade noted that a cross access easement for the Lopes property overburdens the easement being given for emergency access.~
Arnold Lopes, First Street, addressed the Board, stating that Wal-Mart is buying the Town with gifts.~ Mr. Levesque stated that what the Town is asking for is "peanuts" to Wal-Mart.~ Mr. Levesque stated the proposal is affecting those living in the area.~ He also noted $100,000 is not enough for a fire truck.~ Mr. Andrade noted nothing is done yet.
William Cote, 417 Broadway, asked if the proposed filtration system is unique to this project.~~ Mr. Gallagher stated the system is above DEP standards.~ Mr. Cote asked if the system has been installed and proven successful elsewhere.~ Matt Smith, Bohler Engineering, said there was no proof but he suspects it will work because all the information concludes it will work.~ He noted water samples will be taken to confirm this.~ Mr. Cote again asked if the system has been installed and proven successful.~ Mr. Gallagher stated 90% of it has been proven and the filter system is being added to the proven standards.
Mr. Canto said he felt issues such as water and traffic should be conditioned to Phase II being allowed.~
Laraine Nickerson, First Street, told the Board she was deeply concerned with the water supply, and she asked how much the traffic studies could be relied on, noting that McDonald's on Broadway has had problem.~
John Donahue noted the Board is proposing a traffic light at Broadway, and he asked if Broadway would be widened from McDonald's to Center Street.~ Mr. McNaughton stated there will be four lanes at the Center Street intersection, which would likely continue up to Carver Street.
Mr. Andrade summarized his thoughts on mitigation, noting the Taunton mitigation could be as proposed earlier, Raynham could receive $400,000 for a new well, $100,000 for a new fire truck, lights at the intersections as discussed, and no grocery store phase of the project until lights are installed at Rte. 495.~ Mr. Gallagher suggested the Dufresene-Henry comments be included as conditions.~ Board members agreed Dufresene-Henry did a good job on their review report for NRWD.~
Mr. Andrade spoke about snow removal, noting that having less parking spaces only hurt the store and that if the snow was removed from the site, NRWD must be notified.~ After discussion, it was agreed the Board of Health agent should also be notified along with NRWD.~ Mr. Gallagher suggested Wal-Mart should be charged for any maintenance work not done by them as required.
Attorney Tuchmann stated Wal-Mart could accept all conditions except the one related to Center Street.~ He noted Mass. Highway will have no incentive to do the light installation at Center Street if Wal-Mart is required to do it.~ He stated the $800,000 required to install the light will break the bank and there would be no project.~ He stated that Wal-Mart could take over design of the project and push the State to do the work but Wal-Mart could not spend $800,000 for the traffic light.~
Mr. Andrade said the Board could not vote unless Center Street was a condition, and if it was a deal breaker that was okay.~ He suggested Wal-Mart work with the State and get the light done.~ Attorney Tuchmann agreed they will work with the State.~ He asked if the second phase of the project would be held hostage over Center Street, noting that if the Board allows the grocery shell to be built, it will be an incentive for Wal-Mart to complete all the work.~ Mr. Gallagher suggested they not build the grocery store building.~ Mr. Fountain stated he felt Wal-Mart could do the design work but he could not see making them do the work instead of the State.
Mr. Andrade stated he would like to close the public hearing with a Board consensus and then hold a special meeting to vote on the plans.
Attorney Tuchmann stated that the traffic numbers indicate Phase I will bring 45 additional cars to Center Street.~ Mr. Carlson stated he was willing to go half way on Center Street by having all engineering done by Wal-Mart and the work done by the State.~ He noted the Board should be sure all conditions are in the Board's decision because it could be appealed in Court.
Board members discussed whether or not the public hearing should be continued or closed.~ After discussion, Board members agreed a draft Certificate of Action could be drawn up.~ It was agreed to continue the Wal-mart site plan, subdivision and special permit public hearings to Wednesday, April 20, 2005, 6 p.m., at Raynham Senior Center and, if necessary, continue again to Thursday, April 21, 2005, 6 p.m., at the Senior Center.~ Both dates will be posted as hearing dates.~ The Wal-Mart hearings adjourned.
9:46 p.m. Town Planner update:~ Mr. McCarthy informed the Board they need to schedule a meeting for the proposed zoning amendments.~ After discussion, zoning hearings were scheduled for May 12, 2005, for rezoning of Broadway~north of Rte. 495 to Designated Development District; Prospect Hill Street rezoning from Farm and Forest to Residential A; and change in lot coverage.~ Mr. McCarthy noted Town Counsel rejected the draft of the retreat by-law.
After discussion, motion was made to request $1,500 additional review funds for Carver Woods subdivision and $500 review funds for C.H. Babb; motion seconded; motion passed by unanimous vote.~
The Creative Day Care site plan was presented for endorsement.~ The Certificate of Action had been added to the plan.~ The Board endorsed the plan.
Letter dated March 15, 2005~from David Frenette, Frenette & Dukess, regarding Amended Certificate of Action for Carriage Hill Estates was tabled.
There was no further business and the meeting adjourned at 10 p.m.
Respectfully submitted,
Chris Gallagher, Clerk
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