Town of Raynham, MA - Planning Board Minutes May 2, 2005

The Raynham Planning Board held a special meeting on Monday, May 2, 2005, at Raynham Town Hall.~ The meeting opened at 6:32 p.m. with Daniel Andrade, Chairman; John Canto, Burke Fountain, Vice-Chairman, and Chris Gallagher present.~ Also present were Town Planner Richard McCarthy and Administrative Assistant Maureen McKenney.

First order of business was reorganization of the Board.~ After discussion, motion was made to elect Dan Andrade as Chairman, Burke Fountain as Vice-Chairman, Chris Gallagher as Clerk, John Canto as SRPEDD representative and Capital Planning representative, and Henry Ellis as TIF representative; motion was seconded; motion passed by unanimous vote.

6:33 p.m. - Tom Armitage, QBI Builders, appeared before the Board with a Form J request for release of lots at Forge Knoll subdivision/Pamela Way (off South Main Street).~ Mr. Armitage informed the Board the covenant was recorded and the surety amount was established and the funds have been submitted to the Board.~ He noted the pavement will be done when sewer work is completed.~ After discussion, motion was made to release Lots 1, 2 and 3 at Forge Knoll subdivision; motion seconded; motion passed by unanimous vote.

6:36 p.m. ~- Henry Ellis arrived.~ Board members advised Mr. Ellis he was elected as the Board's TIF representative.~ During discussion, it was noted that Mr. Gallagher's signature must be on file at the Registry of Deeds in order for him to sign Form A plans for the Board.

6:39 p.m. - Public hearings for site plan, special permit request and subdivision plan for the proposed Rte. 138 Wal-Mart were reconvened.~ Mr. Ellis asked to be excused because having just been elected to the Board, he was not at the previous hearings and would not be voting on the matter.~ Board members were agreeable.~ Mr. Ellis left the meeting.

Board members discussed the proposed Certificate of Action that was prepared for the Wal-Mart site plan, special permit and subdivision decisions.~ Mr. Andrade asked if Board members had comments.~ Mr. Gallagher said he would wait until mitigation was discussed.~ Mr. Fountain stated he discussed his concerns with Richard McCarthy earlier in the day.~ Mr. McCarthy noted the Center Street condition was important.~ Mr. Andrade read the condition relating to Center Street aloud.~

Attorney Robert Tuchmann noted some of the proposed conditions for Center Street were interim measures until a traffic light is installed.~ He stated a traffic control officer would be needed only if geometric improvements to the roadway cannot be done before Phase I opens.~ After discussion, it was agreed an officer will be needed until either A, B or C as listed in condition No. 5 is completed in the opinion of the Planning Board with advice from the police department.~ It was noted this same condition is discussed in the Traffic portion of the Discussion section.

There was discussion about whether or not the funds for land takings, if needed, should be taken from the fire truck fund.~ Mr. Andrade stated he did not want to dilute the funds given, and Board members agreed.~ During discussion, it was noted the applicant would be posting an $800,000 surety bond for completion of the project.~ Attorney Tuchmann stated that Center Street was not wide enough for the improvements so the Town would need to do land takings.

Board members discussed mitigation as listed in Municipal Services section, noting $400,000 was being contributed by Wal-Mart towards a NRWD well and $100,000 is being contributed towards a fire truck.~ It was noted the cost of easements and/or land takings would be other than those amounts.~ Gary McNaughton, McMahon Associates, informed the Board he believed there was a 40-foot layout on Center Street although he was not positive.~ Attorney Tuchmann noted that if the State does the lights on Center Street, they would do the land takings.~ Mr. Andrade stated land takings were not an issue, and Mr. McCarthy noted he thought Wal-Mart will turn to the Town to do the land takings.~ After discussion, it was agreed that the $100,000 mitigation towards the fire truck would be used for the purpose of a fire truck only.

Board members then reviewed Access in Discussion section.~ There was discussion about installing sidewalks north of the site drive to King Philip Street.~ After discussion, Board members agreed there was room in the layout of Broadway to install sidewalks, and $75,000 would be requested from Wal-Mart towards that.~ During discussion, it was noted the number of proposed trips per day to the site was calculated at 8,600, which was down from the previous calculation of 10,000.~ After discussion, language was added to Drainage section, regarding the vort filter, and to Traffic section.

Condition No. 8 regarding extension of the sewer line from King Philip Street to beyond the site driveway was discussed.~ Also discussed was the Letter of Credit mentioned in Conditions, No. 7.~ After discussion, it was agreed the reference to Letter of Credit should be removed and the phrase "this work" in No. 7 should be more specific and refer to signalization improvements of Center Street and Broadway.

It was noted Condition No. 14 and No. 15 duplicated each other; this will be revised.~ There was discussion regarding Condition 12, referring to snow removal.~ Attorney Tuchmann noted NRWD wants the snow left in the parking lot.

There was discussion about a Planning Board designee for dust control issues during construction.~ It was agreed the Board would contact Mr. Stolte for this issue.~ There was discussion regarding Condition 4. (f).~

Mr. McCarthy informed the Board he spoke with Frank Cabral of the Sewer Department, and Mr. Cabral advised him that he was agreeable to the applicant installing additional sewer line if the Town provides the material.~ Attorney Tuchmann stated that was not what he had in mind.~ After discussion, Mr. Andrade suggested the applicant extend the sewer line to the extent of work and supply a tie-in manhole approved by the sewer department.~ Language to this effect was added to condition No. 8.

Mr. Canto requested language be added to condition No. 13 d., regarding containment at the garden center.~ After discussion, it was agreed containment would be subject to Planning Board approval and the Board could refer the matter to DEP and NRWD.

During discussion, it was agreed the Certificate of Action will be added to the approved plan.~ Motion was made to approve subject to conditions as discussed.~ Attorney Tuchmann noted all the conditions were in the proposed Certificate of Action so the Board could vote on the Certificate.~ Mr. Andrade read all the conditions aloud.~ There was brief discussion regarding dust problems at construction.~ Mr. McCarthy noted the Lopes business has a wet-down policy, and Mr. McKinnon informed the Board~ there were no issues with the site at this time.~ After discussion, it was agreed there would be no use of Phase 2 for storage or other purposes until conditions are met.

Motion was then made to approve the following waivers governing site plan/special permit process:~ Sections 4.14; 5.1.2; 5.1.3; 5.2.3; 5.2.5; 5.3.2.2; 5.7.6; 6.2.4; motion seconded; motion passed by unanimous vote.

Motion was made to approve the following waivers from definitive subdivision regulations:~ 5.5; 5.3.2.3; 5.3.6; 5.3.14; 7.3.2B; 7.3.2F; 8.2.1; 8.5; motion was seconded; Mr. Canto noted that a note should be on the plan that Board of Health approval was by default so it was agreed it would be added as a condition; motion to approve the waivers passed by unanimous vote.

Motion was made to approve the "Definitive Subdivision Plan for Prospect Leasing, Inc., and Others," dated November 12, 2004, prepared by Bohler Engineering; motion was seconded; motion passed by unanimous vote.

Motion was made pursuant to the request for a special permit for parking reduction from the required 1,218 spaces as required in Section 6.5 (e) of Raynham Zoning By-laws to 1,073 spaces because the reduction would present no detrimental effects to adjoining uses or the town nor cause any issues of safety within the site nor adversely effect emergency vehicles, pedestrians or circulation; motion was seconded; during discussion, it was noted the special permit is granted conditionally subject to all conditions being met.~ Attorney Tuchmann referred to section B. Special Permit.~ Mr. Andrade read that condition aloud.~ The language of "B. Special Permit" was added to the motion for the special permit; motion passed by unanimous vote.~ Brief discussion followed regarding the parking space size.~ It was agreed the approved number of spaces must be met regardless of size of each space.

At the request of Mr. McCarthy, a roll call was taken for the special permit vote.~ It was as follows:~ Chris Gallagher, yes; Burke Fountain, yes; John Canto, yes; Dan Andrade, yes.

Motion was made to accept and approve the plan entitled "Site Plan for Wal-Mart Real Estate Business Trust," dated January 28, 2005, prepared by Bohler Engineering, as revised and subject to further revisions in conditions; motion was seconded; motion passed by unanimous vote.~ It was noted all votes on motions were unanimous.