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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes March 6, 2014
The Raynham Planning Board held a meeting on Thursday, March 6, 2014, at Raynham Veterans' Memorial Town Hall.  Chairman Daniel Andrade opened the meeting at 6:02 p.m.
Board members present:  Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll and Henry Ellis (6:42 p.m.)
Staff present:   John Charbonneau, Director Planning & Community Development; Maureen McKenney, Administrative Assistant
6:00 p. m. – Form A, Darrington Drive/Campbell Court:  Property owner/Applicant Shawn Freeman, Darrington Drive, presented a Form A plan for land on the corner of Darrington Drive and Campbell Court.  
The Board reviewed the plan.  It was noted that Campbell Court is currently a private way and the Planning Board is holding a bond for its completion.  After review, Mr. Gallagher moved to approve “A Plan of Land in Raynham, MA.,” owner Shawn D. and Irene Freeman, prepared by Azor Land Sciences, Inc., Lakeville, MA, dated February 24, 2014; second by Mr. Fountain; motion passed by unanimous vote (4-0-0).  The plan was endorsed.
6:10 p.m. – All American Assisted Living Facility (1084 Broadway) public hearing was opened for the site plan, special permit to allow the use in a business district and special permit for parking reduction. Mr. Gallagher read the hearing notice.  Attorney Edmund Brennan, Taunton, MA, appeared before the Board as the applicant’s representative along with Glenn Kaplan, Kaplan Development Group LLC; Benjamin Wells, VP of Business Development, Kaplan Development Group; John Oguzturk, Director of Construction & Purchasing, Kaplan Development Group; Stephen Humphreys, EGA Architects; and Paul Patneaude, P.E., and Karen Patneaude, P. E., Earth Services.  Project review correspondence dated February 28, 2014 was received from Beals & Thomas, Inc., response letter dated March 5, 2014 was received from Earth Services Corp., and e-mail dated February 18, 2014 was received from Captain Brian LaCivita, Raynham Fire Department.
Attorney Brennan gave an overview of the project, a 104-bed assisted living facility to be located off Broadway behind the existing Trucchi’s warehouse.  A 120-room extended-stay hotel had been approved by the Board for this same site but the hotel was never constructed, and at that time, the traffic was of concern but traffic lights have since been constructed at the nearby overpass on Route 138.  The assisted living facility will be constructed in two phases and the building will be 52,000 sq. ft. with 60 parking spaces proposed.  Applicant is seeking a parking reduction from the required 200-plus spaces to 60 spaces.  Applicant also seeks a waiver to not submit the Development Impact Statement.
Attorney Brennan noted the site shares an access drive with Trucchi’s and Trucchi’s has been “kept in the loop” on the plan.  He noted the hotel plan had been approved by Conservation Commission but this one has not been approved yet.
Mr. Charbonneau informed the Board there were no major issues with the plan and Earth Services has complied with a number of the issues Beals & Thomas brought up in their review letter.
Mr. Patneaude addressed the Board and discussed the Earth Services letter issued in response to the project review letter from Beals & Thomas.  Stormwater management was discussed. Mr. Gallagher noted he agreed with Mr. Patneaude’s conclusion that there is no need for an impermeable core.  Soil testing was discussed.  Mr. Patneaude explained why no further soil testing is needed.  Utilities and site lighting were discussed.  Karen Patneaude noted the interior landscaping exceeds the requirements when the parking and island landscaping is included.  
Steve Humphreys addressed the site lighting, noting the plan was revised to show there will be no light spillage off the site.  A revised lighting plan was submitted.
Parking reduction was discussed.  Mr. Patneaude explained that there is upland available if the number of parking spaces needs to be increased.  Glenn Kaplan discussed that many employees share car rides to work and that the proposed number of parking spaces works at several of their other facilities.  He noted that only occasionally do residents of the facility have cars with them.   (Mr. Ellis arrived.)
Arthur Bendinelli, Superintendent, North Raynham Water District, addressed the Board.  He spoke of the water mains and the fact that a water impact statement is needed.  He noted he has no major issues with the footprint of the project.
After discussion, Mr. Gallagher moved to approve the special permit request to allow the assisted living facility at 1084 Broadway, Assessors’ Map 4, Lot 143; second by Mr. Driscoll; motion passed 4-0-0 with Mr. Ellis abstaining.
Mr. Gallagher moved to approve the special permit request for parking reduction when 200 spaces are required to allow 60 parking spaces at the site; second by Mr. Driscoll; motion passed 4-0-0 with Mr. Ellis abstaining.
Mr. Gallagher moved to approve the waiver of the Development Impact Statement and to approve the site plan entitled “Proposed All American Assisted Living Facility,” prepared by Earth Services Corporation, Taunton, MA, dated January 1, 2014, revised through 3/4/14; including photometric plan prepared by Reflex Lighting, Boston, MA, dated 3-5-2014; and, building elevations prepared by EGA Architects, Newburyport, MA, dated 1/29/14; second by Mr. Driscoll; motion passed 4-0-0 with Mr. Ellis abstaining.
6:53 p.m. – Wal Mart, Rte. 138, site plan:  John Cusack, Bohler Engineering, appeared before the Board to discuss a temporary occupancy permit for the new Wal Mart.  Mr. Andrade noted that the project was served with a cease and desist order from the Building Commissioner and employees are not allowed in the store until a temporary occupancy is issued.  Mr. Cusack said he felt all major issues were addressed and there are only minor issues to be addressed at this time.
The sewer issues were discussed.  Bruce Dyer, who is overseeing the project for the sewer department, addressed the Board and spoke about the pump station.  Mr. Cusack noted it is not ready yet but the site will be operating on a by-pass system until the station is ready.  Mr. Gallagher, as sewer department superintendent, stated the by-pass system is not operating yet and the sewer department has not signed off on the project.  He discussed that final design plans for the project were not submitted to the sewer department and that he advised Wal Mart 8 months to a year ago that there were drainage issues at the site.  He noted that access to the wet well on site is an issue.

Attorney Robert Fitzpatrick, Wilmer Hale, addressed the Board and spoke about the easement from the Murby property, noting that easement was not intended as an access to the pump station.  Mr. Andrade asked how the sewer department would be able to service the pump station.  He questioned why the access issue was being addressed at the 11th hour.  Mr. Cusack explained that there is a curb cut provided for access.  Mr. Dyer stated that access to the front of the pump station is needed for a vacuum truck.  Attorney Fitzpatrick explained that Wal Mart thought the matter was settled but there may have been a “disconnect” somewhere.  He stated that Wal Mart thought this issue was addressed on the approved plan but they are willing to work with the Town to resolve the matter, and he asked that the occupancy not be held up.  Mr. Gallagher stated he brought this issue up months ago and that the sewer department needs to own the pump station building, the land it is on and access to that land.  The Board and Attorney Fitzpatrick discussed the easement further.  Attorney Fitzpatrick discussed the possibility of putting an access drive through the banked parking area and if additional parking is needed in the future, Wal Mart could return to the Board to modify the plan.  Mr. Andrade noted that any changes to the plan would need to be approved by the Board.
Bill Smith, Chairman, Conservation Commission, spoke and noted that he advised Wal Mart months ago that there were issues at the site.  Mr. Smith discussed that salt was used on site this winter in violation of conditions of approval.  He asked that there be a condition imposed in perpetuity that no salt be used on site.  He also noted that if there are any changes to the drainage, the plan will have to go back to Conservation Commission.  Attorney Fitzpatrick stated using the salt was a mistake and that Wal Mart is sensitive to the NRWD conditions for the area.  It was noted there is a note on the plan prohibiting use of salt on site.
Mr. Andrade said he does not want to hold up the temporary occupancy permit if the Planning Board issues are done.  Mr. Fountain commented that if there are outstanding sewer department issues then an occupancy permit should not be approved even if the issues were not addressed by the plan the Planning Board approved.  

The fence around the detention basin being one to two feet above the ground and some of the curbing being ruined by snowplows were both discussed.  Mr. Gourley (contractor) stated the ruined curbing is being removed and replaced.  Mr. Carlson (contractor) explained that some grading will be done now around the basins to take care of the fencing problem and grading will be finalized when the weather is warmer.  Mr. Ellis stated there is a safety issue with the fencing and he wants all of the work with the fencing done, not just the majority of it.  Mr. Carlson said he understood and noted it would be the exact grading that is done later.
Letter dated March 4, 2014 was received from Gary McNaughton, P.E., P.T.O.E, McMahon Transportation Engineers & Planners, verifying that the traffic lights are activated and operating in accordance with the design plans.  It was noted that the Board is holding an $800,000 surety bond for construction of the Center Street lights.  
Memorandum dated March 6, 2014 was received from Nitsch Engineering regarding their as-built inspection.  Nitsch established a cost estimate of $169,767 to complete outstanding work at the site.  The Board discussed the cost estimate.  It was agreed the estimate should be increased to include the outstanding sewer-related issues.  
It was agreed the Planning Board will compile a list of site work that needs to be completed before a temporary occupancy permit can be issued.  Mr. Fountain suggested returning in one week to vote on the occupancy permit.  Mr. Ellis stated he was ok with the occupancy if the Planning Board issues are done.  He noted other departments still have to sign off on their issues.  Mr. Andrade stated that Planning Board issues other than safety issues should not hold up the permit, and he is okay with a 30-day occupancy permit.
Mr. Gallagher noted that it was Wal Mart that set the store opening date and it was not the Board that imposed a deadline for the work to be done.  
Mr. Cusack informed the Board that rather than needing a special permit to reduce parking, Wal Mart will move the banked parking area.
The amount of the surety bond was discussed.  It was agreed that a cash bond is needed.  Mr. Fountain moved that Wal Mart is to submit $300,000 in cash surety for the issuance of a 30-day temporary occupancy permit with the funds to be released upon obtaining a permanent occupancy permit and all work is completed; second by Mr. Ellis; motion passed 4-0-1 with Mr. Gallagher abstaining.  
General Business:  Mr. Fountain moved to waive the reading and approve the minutes of February 20, 2014, as submitted; second by Mr. Ellis; motion passed by unanimous vote.
There was no further business and the meeting adjourned at 8:07 p.m.
Respectfully submitted,
Christopher J. Gallagher, Clerk

Town of Raynham 558 South Main St., Raynham, MA 02767
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