The Raynham Planning Board held a regular meeting on Thursday, August 19, 2010, at Raynham Veterans' Memorial Town Hall. Chairman Daniel Andrade opened the meeting at 6:05 p. m.
Board members present: Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll and Henry Ellis (6:51 p.m.)
Staff present: Maureen McKenney, Administrative Assistant; John Schmid, P.E., Nitsch Engineering
6:05 p. m. - Discussion re. Awais Farms proposed subdivision: At the request of Outback Engineering, the matter was tabled to September 16, 2010, 6:05 p. m.
6:06 p. m. - Jess Marie Estates (off North Main Street): developer Michael Peterson, Easton, MA, appeared before the Board. Construction cost estimate, dated August 17, 2010, was received from Nitsch Engineering. Mr. Peterson submitted a Performance Secured By Lender’s Agreement for Jess Marie Estates that was signed by representative of North Easton Savings Bank and Mr. Peterson. Form J for lot releases was also submitted. The security agreement reflected the surety amount detailed in Nitsch's construction cost estimate.
Mr. Fountain noted Town Counsel Marc Antine had seen a copy of the agreement on August 5, 2010, and in an e-mail dated August 5, 2010, he had requested a few minor changes. Mr. Fountain reviewed the e-mail from Attorney Antine and the signed tripartite. He noted the Board will be signing as a third party to the agreement.
Mr. Fountain moved to release Lots 1, 2, 3, 4 and 5 in Jess Marie Estates and hold the Form J in escrow until Town Counsel approves the tripartite security agreement; second by Mr. Gallagher. Mr. Gallagher reviewed the Form J. It was noted Lot 2B is not part of the subdivision plan.
Mr. Andrade moved to accept the tripartite security agreement and hold in escrow until Town Counsel gives verbal approval; second by Mr. Gallagher; motion passed by unanimous vote (4).
Vote was taken on the motion to release lots in Jess Marie; motion passed by unanimous vote (4). The agreement and Form J were signed and will be held in escrow until approval from Town Counsel.
Mr. Fountain told Mr. Peterson to bring proof of recording of the documents to the Planning Board office; Mr. Peterson agreed.
6:15 p. m. - McDonald's, Route 44, site plan public hearing was opened. Mr. Gallagher read the hearing notice. Mr. Andrade noted the site plan for the Broadway McDonald's would be following this hearing and he requested those present limit comments to the Route 44 plan.
Site Plan Review correspondence, dated August 18, 2010, was received from Nitsch Engineering. Peer Review of Traffic Report, dated August 18, 2010, was received from Nitsch Engineering. Letter (undated) received from Captain/Richard J. Pacheco, Raynham Police Department. Letter dated August 17, 2010, received from Highway Superintendent Roger Stolte. Copy of letter, dated August 18, 2010, from Dennis Machado, Building Commissioner, to Alan Micale, Ayoub Engineering, received.
Alan Micale, P. E., Ayoub Engineering, was present along with Rhona McFarlane, McDonald's Construction Manager, and Bob Michaud, MDM Transportation Consultants.
Mr. Micale gave a brief history of the site, noting little has changed since the building was constructed nine to ten years ago. He informed the Board the proposed freezer/cooler bump-out on the building has been eliminated due to budget limits and will not be shown on the revised plan.
Mr. Andrade informed that the Town is holding a bond of over $10,000 from the McDonald’s, Rte. 44, site plan of 2000. Ms. McFarlane said she was not aware; Mr. Micale said he was aware. Mr. Andrade explained it is the Board's policy to take care of pending issues before proceeding to new ones.
Mr. Schmid noted he was last at the site in December 2001, and there were minor issues then concerning a drainage outfall and an as-built plan. Review correspondence from Nitsch dated December 20, 2001 was reviewed. Mr. Micale said it is his understanding that all items were done but return of the bond was never requested. Mr. Andrade noted no as-built plan was submitted; Mr. Micale said he has one and will send to the Board. Mr. Micale is to follow up on the matter of the 2000 site plan. He and the Board agreed approval will not be given for this phase until old issues are resolved. It was noted the bond money was submitted by Tyree construction.
Mr. Micale noted the project has a Conservation Commission hearing on September 1st. He explained the purpose of this plan is to implement customer satisfaction upgrades in the drive-through area. He noted a double order board setup is planned and the boards will be either side-by-side or in tandem, both of which will allow the drive-through to process faster and reduce queue lines. The existing menu board will be relocated 80 feet (in a westerly direction) and the new menu board will be approximately 20 feet in front of it. Mr. Micale explained changes to the parking area. He noted there will be no change to the building or to the window locations.
Mr. Andrade discussed the fact that as businesses grows on Route 44, traffic improvements are needed and problems exiting onto Route 44 increase, especially when exiting left. Mr. Fountain agreed.
Board members agreed they had no objections to changes to the building facade.
Bob Michaud, petitioner's traffic consultant, addressed the Board. He discussed the site, noting it is central to two traffic signals, which helps cars when exiting. He noted the additional and upgraded menu board is not expected to generate additional traffic flow. Mr. Andrade disagreed there would be no added traffic to the site. He noted there are problems with entering from or exiting left onto Route 44.
Mr. Fountain asked how much traffic increase could be expected in five to ten years. Mr. Michaud stated there were many factors to consider and data shows no material change to traffic given fluctuations of day and time. Mr. Fountain asked again how much traffic increase in five to ten years. Rhona McFarlane said she did not have the stats with her but research has shown that McDonald's is not a destination restaurant but rather an opportunistic business that takes advantage of traffic.
Mr. Andrade said he understood but noted that Route 44 is growing and traffic on Route 44 has increased since the original building. He stated it is the Board's job to make sure entry into and exit from the site are safe Ms. McFarlane agreed.
Mr. Schmid noted some people might leave a site if a queue is stacked so there may be an increase in business if the queue does not stack. Mr. Michaud explained the queue line sometimes extends to Route 44 so some people will park and go inside. He explained some people recirculate through the site and park for a while so applicant wants to facilitate use of the site for parking and safety.
Mr. Michaud further discussed queuing patterns. He noted Mass. DOT supports the idea of no impact to Route 44. Mr. Andrade asked if DOT had no problem with the plan. Mr. Michaud said he was not saying that. Mr. Andrade asked how the plan is getting people across traffic safely. Mr. Michaud explained they have documented crash experiences that occur and this site is below the average crash rate for unsignalized intersections.
Mr. Schmid noted the traffic report states the level of service at the site is F. He asked how they can say the site is okay and he asked how they can make it a D, C or B site. Mr. Michaud stated additional study will be needed. He and Mr. Schmid discussed the matter. (Mr. Ellis arrived at 6:51 p. m.)
Mr. Andrade stated that as the site is today, there are issues. He noted more detail and information is needed on exiting safely. He noted the Board received letters from the police and fire departments. Mr. Michaud stated he saw their letters and asked if it is correct that they prefer that left turns out of the site be prohibited. Mr. Andrade stated that is their view as police and fire but he personally believes eliminating left turns out is more harmful and he will not vote for one-way exit. Mr. Michaud stated he was glad to hear that. He stated that absent a raised median, problems will occur and they cannot make the difficulty of a left-hand turn go away. Mr. Andrade stated they have to come up with something.
Board members and Mr. Michaud discussed the fact that while it is good the queue line will be decreasing, there will be an increase of 3 to 4 cars exiting left per hour. The Board agreed further information is needed.
Mr. Schmid asked if the exit will be changing. He discussed the matter with Mr. Michaud.
Mr. Ellis questioned the ownership of this McDonald’s. Ms. McFarlane explained it is now owned by McDonald’s Corporation after being sold by previous franchisee.
Mr. Andrade advised the applicant to tell the Board if there is anything they can do with the site or tell the Board if nothing can be done. He stated the applicant should not tell the Board there will be no increase in traffic. Mr. Michaud stated it might take long term planning to improve the situation. Mr. Andrade noted the Board is long-term planning. Mr. Micale noted the traffic concerns are not new, and the applicant cannot do a median study or permitting or construction of median and they can’t restrict turns. He stated there is nothing the applicant can do for the turns but they are improving the site. He asked the Board to give a sense of their concerns so applicant will know how to proceed.
Mr. Fountain asked if a couple of hundred dollars worth of no-left-turn signs will kill the project, and Mr. Micale and Ms. McFarlane stated it would. Ms. McFarlane stated people will turn left anyway so it would cause problems.
Mr. Ellis asked why the no-left-turn signs would not be important to applicant, asking why applicant would not do them to minimize liabilities. Mr. Micale stated it was not their decision. Mr. Ellis asked again why they would not put in the signs. Mr. Micale stated they could only indicate the decision made, not make the decision. Ms. McFarlane stated if they restrict the left turns out of the site, people will go to competitors. Mr. Ellis suggested McDonald’s could set an example for other businesses on Route 44. Mr. Micale and Ms. McFarlane said they were not saying they did not care about their customers.
Mr. Fountain disagreed that McDonald’s would lose business by restricting turns. He recalled an incident years ago when a friend was killed exiting the site.
Mr. Andrade noted he would not vote to restrict left-out turns because they create more problems and can be hazardous. The Board noted there are left turn restrictions at McDonald’s on Route 138, Rockland Trust Plaza on Route 44 and D’Angelo’s Plaza on Route 138. Mr. Fountain noted there is a letter from the police department in the file regarding restricting left-out turns. He noted the left turn restrictions are not always enforced. Mr. Andrade noted this is the Board's chance to improve the site.
Mr. Gallagher requested copies of any correspondence applicant received from DOT. Mr. Michaud explained that DOT will not issue correspondence until an access permit is filed, and the project has to be near complete approval before the access permit application can be filed. It was noted the Board could condition their approval on DOT approval. Mr. Micale said he will attempt to get DOT correspondence.
After discussion, the public hearing was continued to September 2, 2010, 6:45 p.m. Time-to-act extension was signed.
William McCaffrey, owner of adjacent Dean’s Plaza, addressed the Board. He stated he thought the meeting notice had a starting time of 6:30 p.m. but the Board was already discussing the matter when he arrived at 6:17 p. m. The Board assured him the meeting was scheduled for 6:15 p.m. and had only just begun when he arrived.
Mr. McCaffrey said he heard the Board say the building façade was not important but he noted it is important to him. Mr. Andrade said it’s not that the façade is not important, just that it was not an issue for this meeting. Mr. Fountain noted the traffic is more important. He suggested to Mr. McCaffrey that he review the plans tonight with the applicant’s engineer.
Mr. McCaffrey discussed problems exiting his site when there are customers exiting McDonald’s. He said he agreed with Mr. Andrade on not restricting turns out of the site. He said moving the driveway might help him. The Board suggested the applicant consider moving the driveway location to help the abutter and the public. Mr. Andrade told Mr. McCaffrey the Board appreciates the input. He noted tonight was about the traffic, not the building façade.
7:30 p. m. – McDonald’s Route 138 site plan public hearing was opened. Mr. Gallagher read the hearing notice. Alan Micale, P.E., Ayoub Engineering, and Lou Provenzano, franchise owner, were present. Mr. Micale noted he represented both the owner and McDonald's Corporation. Also present was Rhona McFarlane, who noted Mr. Provenzano and McDonald's were jointly paying Ayoub's fees.
Site Plan Review correspondence, dated August 18, 2010, was received from Nitsch Engineering. Peer Review of Traffic Report, dated August 18, 2010, received from Nitsch Engineering. Letter, dated August 17, 2010, received from Highway Superintendent Roger Stolte.
Mr. Provenzano addressed the Board and explained he bought the business last summer. He noted he has been working on improving sales at the site. He stated there are seating capacity and left-turn-out issues. He noted many customers at this McDonald's come from the nearby highway and seating now is not conducive to the number of customers.
Mr. Ellis questioned who owned the site. It was determined it was not owned by Mr. Noblin or Mr. Campbell so there were no conflicts for Board members.
Mr. Provenzano discussed the additional parking being proposed. He noted they are trying to direct traffic at the site and they are working with Mass. DOT on the issue.
Mr. Micale noted there are no changes proposed to either entrance/exit. He explained the new walkway proposed. He noted the existing handicap ramp cannot be moved. He also noted a waiver for the 40' setback for the parking area is being sought. Mr. Micale said applicant is trying to have the signal timing on the traffic lights adjusted to allow a left turn into Carver Street.
There was discussion about whether or not there are directional signs now for entering McDonald's. Mr. Ellis noted that people coming from Route 495 do not know to go left at the light, and he asked if there could be a larger sign for McDonald's. Mr. Provenzano stated he would like to do that and he did not know if there is a directional sign in place now. Mr. Micale said he will research the matter.
Mr. Michaud reviewed his traffic flow charts. He explained that eleven illegal turns per hour were observed on the traffic visit. He noted they are looking for lead time at the light and are discussing the matter with DOT. He noted there will be no written correspondence from DOT until applicant applies for an access permit. He noted the plan will not provide a magic bullet but would make things easier.
Mr. Andrade noted that if the permit were not sought, it would not be helpful to the applicant himself. Mr. Provenzano stated he would do this for safety and convenience anyway.
Mr. Gallagher asked about the DOT fees. Mr. Micale stated the fee is under $1,000 but including plans and other items, the budget is $20,000. He noted Mr. Provenzano has been passionate about improving the left turn situation from the beginning of the process.
Mr. Michaud stated they could look to make the Broadway driveway more prohibitive. Mr. Fountain stated the Board would feel better about that. Mr. Michaud they were not planning geometric changes. It was agreed the Broadway entrance could not be opened up.
Mr. Andrade noted the site is too small for the use it gets. Mr. Ellis noted there are dangerous spots on the site for pedestrians and traffic.
Mr. Andrade and Mr. Michaud discussed problems with site circulation and exiting. Mr. Michaud noted this plan introduces a two-way circulation aisle to exit to the light by Carver Street. Mr. Gallagher suggested curbing could be used to direct take-out traffic off site. Mr. Schmid suggested prohibiting exiting by Route 138 to force traffic onto the side street. Mr. Michaud stated he will look at the suggestions but they do not want all the traffic going to the right.
Mr. Ellis asked if they could redesign the Route 138 exit to prohibit left turns. Mr. Michaud noted there are guidelines to maintain. Mr. Schmid noted too much angling would reduce visibility.
Mr. Ellis noted he has seen trucks exiting onto Route 138 and taking a left turn. Mr. Provenzano stated some trucks do that but not the McDonald's trucks.
Mr. Andrade noted the Board would consider waivers if they would help the property. He noted he is not comfortable adding square footage to the building until the traffic flow is all set. Mr. Provenzano stated he would not add parking if there is no additional seating because of the economics of it.
Mr. Gallagher noted the additional parking will help the internal traffic flow. Mr. Provenzano agreed.
Board members agreed better signage is needed especially for those coming off Route 495. Mr. Provenzano stated he needs the additional seats with the parking or the plan will not work. Mr. Fountain agreed additional seats are needed. Mr. Ellis asked if there is a seating plan; there was not. Mr. Micale stated that customers are not finding seats. Mr. Provenzano said he knows his business and new seating is essential. Mr. Gallagher and Mr. Fountain agreed they have seen the site full at times.
There was discussion about whether or not there is a sign at the corner now but a larger one is needed.
Mr. Gallagher stated the plan helps the internal flow but the matter of Route 138 needs more review. Mr. Fountain suggested the Carver Street exit be made bigger and more useful. Mr. Andrade suggested looking at an area for truck parking. Mr. Provenzano said he will look at directional signage. Mr. Andrade suggested looking at directional berm also.
The public hearing was continued to September 2, 2010, 6:50 p. m.
General Business: Letter dated August 12, 2010, was received from Earth Services Corp. regarding Hall Street subdivision plan. The correspondence acknowledged an incorrect waiver request on the plan. After discussion, Mr. Fountain moved to amend the Certificate of Action by eliminating the unnecessary waiver (7.3.2) and eliminating the waiver request for reduction of administrative fee; second by Mr. Gallagher; motion passed by four votes (Mr. Ellis not in the meeting room at the vote).
Foxwood Estates: the request for recommendation for Town acceptance was tabled to September 2, 2010, in order to receive status review report from Nitsch Engineering.
Minutes of August 5, 2010, were received. Mr. Fountain moved to waive the reading and approve as submitted; second by Mr. Gallagher; motion passed by unanimous vote (5).
Invoices were signed. Mr. Andrade requested that any costs associated with Kings Estates be tracked.
Correspondence dated August 11, 2010, was received from Town Counsel Marc Antine, regarding new law related to extension of variances, special Permits, building permits and non-exempt local permits. Mr. Gallagher noted he was aware of the new law. After discussion no action was taken.
Mr. Gallagher informed the Board he has been archiving department plans.
Copy of letter dated July 13, 2010, from Dennis Machado, Building Commissioner, to Attorney David Manoogian, Attleboro, MA, regarding property on Tearall Road, was received. No action taken.
Mr. Fountain presented information regarding legislation that establishes a Raynham revolving fund. It was noted the fund was related to TIF accounts. No action was taken
There was no further business and the meeting adjourned at 8:45 p. m.
Respectfully submitted,
Christopher J. Gallagher, Clerk
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