The Raynham Planning Board held its regular meeting on Thursday, October 13, 2005, at Raynham Town Hall.~ Board members Daniel Andrade, Burke Fountain and John Canto were present.
6:35 p.m. - P.J. Babineau, Outback Engineering, presented a Form A plan for land on White Street owned by Fottler and LeRoy.~ Proper application and fee were submitted.~ After review of the plan, motion was made to accept the plan entitled "Plan of Land On White Street In Raynham Massachusetts," dated September 20, 2005, drawn by Outback Engineering, Middleboro, MA; motion seconded; motion passed two in favor and Mr. Andrade abstained.~ The plan was endorsed.
6:40 p.m. - General Business:~ Board members discussed the November meeting schedule.~ After discussion, it was agreed the November 24th meeting is cancelled due to Thanksgiving holiday, and if the meeting room is available on Wednesday, November 16, 2005, the Board will meet that night and cancel the November 10th meeting.
Correspondence:~ Letter dated October 12, 2005 was received from Nicole MacDonald, Finch Road, informing the Board of concerns she has with conditions at Finch Farm subdivision.~ After discussion, Board members agreed on the following: concern No. 1 on Ms. MacDonald's letter is not a Planning Board issue; the Planning Board has no say re. item No. 2 until the road is accepted as a public way; the dead trees noted in Item 3 should be replaced; concern No. 4 is a postal service issue; and concern No. 5 is not a Planning Board issue.~ No action was taken on the matter.
Copy of letter dated September 27, 2005 from Attorney Robert Shelmerdine to Highway Superintendent Stolte, regarding surety funds being held by the Town for Whippoorwill Estates, was received.~ The letter was for informational purposes only.~ No action was taken.
Letter dated October 4, 2005, was received from John F. Gamache, Managing Partner, Raynham Center, LLC, re. 275 New State Highway/Rockland Trust site plan.~ Mr. Gamache asked the Board to extend the two-year time limit for completing the improvements at the entrance to the Rockland Trust/Rte. 44 site.~ Board members discussed conditions at the site.~ Mr. Fountain noted there is no sign in place across from the right-turn-only exit stating no left turn allowed.~
Mr. McCarthy reminded the Board they are holding $35,000 as surety for the entrance realignment project but the project cannot go forward until the existing lease on the Chinese restaurant expires.~ During discussion, Mr. Andrade noted the Board was told the lease would expire two years from the date of site plan approval.~ Mr. McCarthy asked the Board if they wanted to take the surety funds being held in escrow.~ Mr. Canto suggested getting traffic accident reports from the police department to determine if there are problems with the entrance and to take the surety funds if deemed necessary.~ He noted the entrance seemed to be working.~
After discussion, Board members asked Mr. McCarthy to send a letter to Raynham Plaza, LLC, requesting an update on all work done at the site.
Memorandum dated September 22, 2005, was received from JNEI regarding the WalMart Route 138 site plan.~ The memo noted Wal-Mart~has requested to substitute a 'Vortfilter' stormwater treatment system with a 'Stormfilter' system.~ Mr. Schmid explained the basic difference between the two systems was the manufacturer's name, noting he felt the 'Stormfilter' might be slightly better.~ Mr. Andrade requested a copy of the JNEI letter be sent to the NRWD.
Correspondence dated September 27, 2005 was received from Attorney David Gay re. scheduling a meeting with the Town Planner for Roger's Way subdivision.~ Mr. McCarthy noted he has been working with Attorney Gay.~ No action was taken.~
Correspondence dated September 27, 2005 was received from Attorney David Gay re. Hess Service Station, Rte. 138, site plan.~ During discussion of the correspondence, Mr. Canto noted there are outstanding issues at the site.~ Mr. McCarthy told the Board he has discussed the outstanding issues with Attorney Gay.~ Mr. McCarthy noted the site is operating with a temporary occupancy permit.~ Mr. Andrade requested Mr. McCarthy follow up on the matter so that all work is finished at the site.
Letter dated October 13, 2005 was received from Town Administrator Randy Buckner requesting the Planning Board's recommendation on acceptance of Village Road as a Town way.~~ During discussion, it was noted this road is a 40B development but the Planning Board still forwards its recommendation to accept or not accept as a Town road.~ After discussion, it was agreed John Schmid would conduct a site visit and report to the Board.
General Business:~ Minutes of September 8, 2005 were received.~ Motion was made to waive the reading and accept the minutes; motion seconded; motion passed by unanimous vote.
7:10 p.m. - Public hearing for Bassett Knoll preliminary subdivision plan was reconvened.~~ Request for continuance was received from applicant Donald Shute, Trustee.~ Time-to-act extension was granted.~ After discussion, the hearing was continued to December 8, 2005, 7 p.m.
7:11 p.m. - Public hearing for Butler's Way preliminary subdivision was reconvened.~ Letter dated October 3, 2005 was received from David and Karen Butler, notifying the Board they are withdrawing their preliminary subdivision plan and requesting a refund of fees.~ Mr. McCarthy explained the Butlers had received a variance from the Board of Appeals so they would not be subdividing their property.~ After discussion, motion was made to keep $500 in filing fees and refund $1,200 of fees to the Butlers; motion seconded; motion passed by unanimous vote.~ It was also agreed the balance of project review fees will be returned if all JNEI invoices are paid.
7:13 p.m. - Form J for Berry Hill ARC subdivision was presented for endorsement.~ A letter dated October 13, 2005 was received from Town Counsel Marc Antine.~ Attorney Antine informed the Board there were defects in the bond that must be corrected.~ After discussion, the matter was continued to October 27, 2005.
7:20 p.m. - Public hearing for Greyhound Industrial Park preliminary subdivision plan was reconvened.~ Attorney Michael Morrizzio and Giles Hamm, Vanesse & Associates, were present on behalf of the applicants.~ Also present was Doug Prentiss, traffic consultant for JNEI.~ Traffic Peer Review, dated October 13, 2005, was received from JNEI.~
Attorney Morrizzio presented to the Board a plan showing proposed curb cuts along the site's Route 138 frontage.~ He explained the applicant is attempting to work out the curb cuts before proceeding to the subdivision plan.~ Attorney Morrizzio explained the applicant submitted the preliminary subdivision plan as a vehicle for getting input from the Board on the traffic circulation plan and new entrance system along Rte. 138.~ Attorney Morrizzio explained that two entrances to the site are now used and a third entrance is not used.~ He noted applicant wants to reopen the unused entrance in front of the gas station in the middle of the site and to then use the entrance closest to Robinson Street as exit only.
Giles Hamm reviewed the plan for the Board.~ He explained the existing curb cuts, noting they are presently too wide open.~ He noted the applicant is working with Mass. Highway Department (MHD) on the curb cut plan.~ He noted MHD asked for a by-pass lane in front of the site.~ Mr. Hamm explained the third curb cut, at Robinson Street, will be exit only and they are working with MHD on that aspect also.~
Mr. Andrade noted the plan shows only the curb cuts and not the proposed subdivision of land.~ Attorney Morrizzio explained that when the best curb cut design is completed, it will be combined with the subdivision plan.~ He noted the applicant will not go forward with the subdivision of land but will be submitting a formal subdivision plan as a vehicle to appear before the Board.
John Schmid stated the Board was being asked to commit to curb cuts and access points without knowing the potential development of the site.~ Attorney Morrizzio noted site plan approval would analyze any future developments at the site.~ Mr. Fountain noted the curb cuts could possibly change with future uses, and Attorney Morrizzio stated he felt there would not be any larger changes in the future.~ Mr. Gallagher noted the curb cuts are not within the Planning Board's jurisdiction and they could be done without the Board's approval.~ Board members discussed whether or not to proceed with the plan considering the fact that the curb cuts are not within the Board's jurisdiction and no change in use was proposed.~ After discussion, it was agreed to proceed with the hearing.~~
Doug Prentiss, JNEI, addressed the Board and noted he was also confused with the issue of the curb cuts without the subdivision plan.~ He discussed the fact that there were several feasible curb cut possibilities at the site.~ He questioned why no exclusive left-turn lane was being proposed, and he noted pavement markings and signage will be important.~ He informed the Board that MHD does value input from Town Boards/Departments.~ Mr. Prentiss told the Board he did not look at warrants for a traffic light at the site but he was not certain the site was busy enough to warrant a light.~ He concluded that safety was the paramount issue to consider as well as whether or not the plan presented is the best possible plan.
Mr. Hamm stated he will continue to assess the left turn lane issue.~ He stated cost was not the main issue and that MHD will not allow a light at the site because it is not warranted.~ He stated the plan presented tonight was not the final plan.
Mr. McCarthy suggested the Board consider the possible closing of Robinson Street onto Broadway.~ Mr. Fountain asked if the site entrance could be moved across from Robinson Street.~ Attorney Morrizzio stated MHD does not want left turns into the park across from Robinson Street.~ Mr. Canto noted he liked the proposed north entrance.~
Mr. Andrade stated the Board was only looking at current uses at the site and could not address future uses.~ He asked if anyone present had any comment or questions.~ The following people responded:~ Jack Fisher, 245 Robinson Street, noted the following: the applicant did not seem to be presenting the 'big picture,'~taking a left onto Robinson Street is frightening, Robinson Street should be blocked off, Wilbur Street needs traffic lights, and by-pass lanes can create road rage.~ Mr. Andrade noted the applicant is only proposing to improve his property frontage.
Bill Vareika, Robinson Street, stated he was concerned with the increase in cars at the site.~ Attorney Morrizzio noted that increasing the exits does not increase the number of cars and it is more important to have the exit flow well managed.~ He noted three exits are needed so the applicant can plan for site operations.~ He explained the main change will be moving the left turn at Robinson Street to the center curb cut where the gas station is located.~ He noted there are two site entrances proposed and they will be enforced with signs.~ He noted the proposed new entrances will be easier to use than the current entrances.
Mr. Schmid asked if the applicant had considered closing the southerly Robinson Street entrance.~ Attorney Morrizzio stated they had considered it but determined they needed the additional curb cut.
Brian Berry, Wilbur Street, stated that closing Robinson Street would create problems at Wilbur Street.
Marsha Silvia, Laurel Lane, questioned whether or not the traffic study Mr. Hamm had in his possession said 'Trash Transfer' study, and she asked Mr. Hamm if his information derived from that study.~ Mr. Hamm stated some information was incorporated from that study.
Mr. Gelfhi asked if the Board had an application for a trash transfer station.~ Mr. Andrade stated no.
Mr. Prentiss suggested to the Board that the applicant should develop some other design options other than what was presented.~
Richard (last name unknown), Hall Street, stated that a southbound left turn lane does not accomplish good traffic flow on Rte. 138.~
Mr. Andrade requested that Mr. Prentiss submit a follow up of his presentation to the Board; Mr. Prentiss agreed to do that. After discussion, the Board took no action on the plan.
8:23 p.m. - Attorney Morrizzio appeared before the Board to discuss filing fees for a transfer station site plan.~ He explained the site plan application would be for the office building at the transfer station.~ He noted the procedure for filing administrative fees is clear but filing of review fees is not automatic unless the Board considers something unique to the plan.~ He stated the sequential steps are out of order for submitting a review fee.
Mr. Andrade stated the previous discussion proved a need for review of the plan with the proposed curb cuts.~ He noted the Board depends on their consultant.~ Mr. Andrade stated the proper fees must be filed and the money is not wasted but is used as needed. Mr. Fountain noted the issues of future expansion and traffic concerns need to be reviewed.~ Mr. Canto, Mr. Gallagher and Mr. Ellis agreed the proper fees must be filed.~
Mr. McCarthy noted the transfer station building site plan did not file a fee because the applicant believes it is exempt. Attorney Morrizzio explained that transfer stations are exempt from zoning and the applicant will not be filing with the Board for the transfer station.
Mr. Fountain noted the need for site plan filing will be determined when a building permit is applied for.~ During discussion, Mr. Andrade asked Mr. McCarthy if he would check on road widening done at the waste transfer station on Thrasher Street.~ Attorney Morrizzio said he thought the site plan filing for the Thrasher Street facility might have been a contract matter between the applicant and the Town.
8:35 p.m. - Public hearing for Metro Ford Mazda site plan was reconvened.~ Brian Dunn, project consultant from Fuss & O'Neill, and Attorney Daniel Viera were present along with applicants Michael Grieco, Metro Motor Group, and Dominick Grieco, Metro Motor Group.~ Review correspondence dated October 13, 2005 was received from JNEI.~ Mr. Andrade noted JNEI's review letter was lengthy.~ Mr. Schmid explained all but two issues were easy to address and the applicant wants to discuss those two issues with the Board.~ It was agreed to proceed with the hearing.
Mr. Dunn presented the plan to the Board. He discussed the proposed drainage, new water lines to be installed, landscaping, parking requirements and curbing.~ Mr. Dunn noted a new infiltration system with catch basins will be created to remove and treat stormwater, which will then be contained on site.~ He discussed the new eight-inch water main proposed for the site.~ He noted there was 22% green space, not 35% as required.~ He also noted the existing curb cut at the previous LeGarlic site will be eliminated.~
Mr. Schmid requested a copy of the soil testing; Mr. Dunn agreed to provide a copy.
Board members and Mr. Dunn discussed the issue of unloading trucks.~ Mr. Dunn assured the Board no trucks would be unloaded on Route 44.~ Michael Grieco informed the Board he does not allow truck unloading on Rte. 44 and that was "carved in stone."
Waiver requests were discussed.~ Applicant requested waivers to allow 22% green space rather than 35%, one curb cut where two exist; and waiver from the required caliper and number of trees on site.~
After discussion, it was agreed a designated snow storage area would be added to the plan.~ Mr. Grieco noted the snow was trucked off the site.
Jack Pillsbury, owner of adjacent Slips Marine, addressed the Board.~ He stated there was no advantage to him to plant additional trees at the site and he preferred low shrubs rather than higher trees for landscaping in order to minimize leaf droppings.~ Board members agreed they had no problem with the requested waiver for reduction in caliper and number of trees to be planted at the site.~ After discussion, the Board consensus was that the three waiver requests were acceptable.~
After discussion, the hearing was continued to October 27, 2005, 8:15 p.m.
9:08 p.m. - Public hearing for Route 44 Gas site plan was opened.~ Mr. Gallagher read the hearing notice.~ The hearing was adjourned to later in the meeting.
9:10 p.m. - Public hearing for Karen's Way subdivision was opened.~ Mr. Gallagher read the hearing notice.~ The hearing was adjourned to later in the meeting.
9:11 p.m. - The public hearing for Route 44 Gas site plan was reconvened.~ Applicant Benjamin Delaney was present.~ Review correspondence dated October 13, 2005 was received from JNEI.~ Memo dated September 27, 2005 was received from Alan Perry, Board of Health Agent.~ Mr. Delaney addressed the Board and explained his proposed plan for a drive through window for coffee service at service station.~ Mr. Delaney explained the designated drive-through lane will be 12 feet wide and will go around the existing parking spaces to the window at the back of the building.~ He noted the site will not lose parking spaces.~ Mr. Delaney noted he hopes Honey Dew Donuts will locate in the building.
After review of the plan, Mr. Andrade stated he was concerned with the location of the diesel pumps and trucks in relation to the location of the proposed drive-through window.~ Mr. Andrade noted he visited the site and he felt the proposed plan is not safe.
John Schmid informed the Board that he met with Mr. Delaney and Richard McCarthy to discuss these concerns.~ He explained the window could be moved back to gain more room and that mirrors, signs, curbing and rumble strips could be added as safety measures.
Mr. Ellis stated he agreed with Mr. Andrade's concern with safety at the site.~ Mr. Fountain also stated he felt the plan was not safe.~ Mr. Gallagher stated he would like to look at the plan further but he suggested JNEI might be able to find ways to improve the situation.~ He questioned if the diesel pumps could be relocated.
Mr. Andrade asked Mr. Delaney if he would like to withdraw the plan or table the matter.~ After discussion, Mr. Delaney agreed to continue the public hearing to October 27, 2005, 7:15 p.m.
9:25 p.m. - Public hearing for Karen's Way subdivision was reconvened.~ Kevin Walker, J & J Engineering, was present along with applicant/owner Steve Hansen.~ Review correspondence dated October 13, 2005 was received from JNEI.~ Mr. Walker presented a conventional 8-lot plan to the Board, noting they previously approved a preliminary cluster plan for this site; Con Com has approved the wetlands; the Open Space will be deeded to the Town; the houses will be 600 feet off Robinson Street.
During discussion, it was noted that Mr. Hansen was considering setting aside one lot for possible donation to the Town for a fire substation.~ Board members and Mr. Walker discussed the possibility of creating an additional lot for the fire station rather than losing one of the subdivision lots.~ After discussion, it was suggested the applicant could seek a variance from the zoning by-laws to create a ninth lot in the open space subdivision.
Mr. Andrade asked if anyone present had any comments or questions, and the following people responded:~ Jane Borus, 54 Robinson Street, stated she had no problem with the proposed subdivision but questioned if it would have an effect on her well.~ Mr. Walker explained the applicant was working with NRWD on the possibility of looping a water main to the subdivision from Broadway.
After discussion, Board members agreed the proposed plan was a good one.~ It was agreed to continue the hearing to allow the applicant time to submit a variance request to the Board of Appeals to exceed the lots allowed in the open space plan.~ After discussion, the public hearing was continued to October 27, 2005, 6:45 p.m.
9:53 p.m. - The Board went into Executive Session to discuss pending litigation with Russell Grabau, developer of Carriage Hill Estates.
10:05 p.m. - Executive Session concluded.~ There was no further business and the meeting adjourned.
Respectfully submitted,
Chris Gallagher, Clerk
Raynham Planning Board
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