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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes March 19, 2015
The Raynham Planning Board held~its regularly scheduled meeting on Thursday,~March 19, 2015, at Raynham Veterans' Memorial Town Hall.~ Chairman Andrade opened the meeting.

Board members present:~ Daniel Andrade, Burke Fountain and Russell Driscoll

Board members not present:~ Henry Ellis, Christopher Gallagher

Staff present:~ John Charbonneau, Town Planner

Amendment to Raynham Planning Board Subdivision Regulations public hearing was opened. Mr. Charbonneau explained the amendment proposes to add Appendix B, History of Amendments to the Rules & Regulations Governing the Subdivision of Land.~ Appendix B is a history of changes that have been made to the rules and regulations since November 2014 and will continue forward.

There were no comments or questions from those present.~ Mr. Fountain moved to approve the amendment; second Mr. Andrade; motion passed 3-0-0.

Tearall Road/Whittaker waiver of frontage plan:~ Glen Whittaker presented the approved waiver-of-frontage plan his property on Tearall Road for the Board’s endorsement.~ Copy of the 2013 Certificate of Action was received along with copy of Stipulation of Dismissal for an appeal filed.~ Conditions of approval have been met.~ During review of the plan, it was noted the revision date is needed on the plan.~ Mr. Whittaker will have the revision date added.~ Plan not endorsed tonight.

Form A plan, Metro Ford-Kia-VW/Route 44~– the hearing was continued to April 2, 2015, 6:10 p.m., at applicant’s request.~

Bassett Knoll Estates:~~the continued public hearing was reconvened.~ Scott Henderson, McKenzie Engineering; Brad McKenzie, McKenzie Engineering, and Nick Harris, Global Construction, were present.~ It was noted Mr. Gallagher was unexpectedly not present yet; the hearing was tabled to await Mr. Gallagher.

Site plan - Colbea/Shell station @ Route 44 and South Street West:~ the public hearing was opened.~ Mr. Charbonneau read the hearing notice.~ It was noted there were three Board members present.~ Tony Fruchtl, Ayoub Engineering, Pawtucket, RI, and Tom Brechel, principle and owner, were present.~

Mr. Fruchtl presented the plan and described the site located at the corner of Route 44 and South Street West. The existing building will be demolished and replaced with a new convenience store; there will be four new gas pumps with canopy; new underground tanks will be added; there will be new dumpster with fencing; new landscaping/trees; there will be LED lighting and, new ID sign will be provided.~ Mr. Fruchtl discussed the stormwater treatment, the location of gas line, water and sewer lines, and tie-in with Mass DOT drainage.~ A variance for the building setback was granted by the ZBA and the plan has been to the ConCom.
The exit and enter signs were discussed.~ It was noted the signs were done to address concerns of the police chief.~~ Mr. Fruchtl noted the wide opening at Rte.44 will not be changed and MassDOT had no comments on the openings.~ The easement with the adjacent Papa Gino’s site was discussed; it was noted the police chief encourages the use of that easement to exit to Rte. 44.~ The easement is not located on the Colbea property.~ Mr. Andrade questioned if using the easement for exit was safe although he did not recall any past issues there.~ It was noted the Papa Gino’s driveway is close to 50 feet wide.

Pavement striping was discussed.~ The number of parking spaces was discussed.~ It was noted that the applicant is seeking a special permit to reduce the spaces from the required 25 to18, but there is an area at the front of the site that can be paved for five spaces if needed.~ Mr. Andrade discussed that there is a 25 ft. area at the front that may not be suitable for more than one car due to possible stacking of cars. ~Mr. Fruchtl agreed he can provide information on that issue.

It was noted there will be diesel fuel at the station.~ Mr. Brechel explained they will not encourage trucks at the diesel fuel pumps by not providing long extensions at the pumps but they cannot stop them.~ Mr. Andrade discussed his concern with large trucks entering the site for diesel.~

Mr. Andrade stated the Board does not want vendors selling at the corner as they have in the past.~ Mr. Brechel explained it is a family business that is seeking a class atmosphere, and they do not want vendors and possible liability issues.~~There was discussion of the fact that the site will be busy initially but after a few months, activity may subside.~

Mr. Chamberlain addressed the Board, noting he had ‘no dog in the fight,’ but as a long-time truck driver and owner of a large recreational vehicle, he would not access this site because access is more important than the prices.~ He stated the site would not attract trailer-truck drivers.~ Mr. Andrade noted those who were not professional drivers may not have the experience to avoid the site and he was concerned that availability of diesel would attract some to the site.

Designated snow area was discussed.~ The ZBA restricted the height of the snow storage at the intersection, and~if snow accumulation is over a certain amount, applicant trucks it off site.~

Upon question from Mr. Fountain re. the sidewalk, Mr. Fruchtl explained there will be new curbing, asphalt and the sidewalk, which is on Mass DOT property, will be replaced.~ There was discussion of the nearby median and intersection.~ It was noted the applicant did not operate the previous Shell station at this site.

Nitsch Engineering has not submitted their review report yet, having received the plan just yesterday.~

No variance is needed for the free-standing sign as it complies with by-laws.

Mr. Andrade discussed waiver requests.~ Waiver from Sec. 5.6.2 of site plan regs is requested.~ The Board suggested considering bollards for the site.~ Waiver from Sec. 5.7.3 is requested.~ Mr. Fruchtl explained the site cannot be maneuvered without the waiver.~ Mr. Andrade discussed that he would like the access wider if the inside space is tight.~ It was noted MassDOT regulates the access.~ Mr. Fruchtl agreed to look at bollards, color schemes, etc., to improve site safety.~ It was noted there are bollards provided at the rear trash corral.~ Mr. Andrade discussed adding other bollards to protect other areas on the site.~ Mr. Andrade said he is okay with not providing a traffic impact report but he would like to see site traffic information.~

Mr. Fountain asked if MassDOT is okay with the ingress/egress at Rte. 44.~ Mr. Fruchtl explained they have filed with MassDOT and MassDOT has concerns with the drainage but he believes they have no issue with the geometry of the access other than what the wording of the easement says.  It was noted a ‘no left turn’ sign at Rte. 44 would be up to MassDOT.~
The Board and Mr. Fruchtl discussed possibly extending the sidewalk further from the corner and extending the opening further west from the intersection.~ It was agreed Mr. Charbonneau can draft a letter from the Board to MassDOT in support of this idea and he will contact the police chief on the idea. Mr. Fruchtl will discuss with MassDOT.

The Board discussed the idea of applicant providing a camera at the site, directed towards the intersection, to be tied into the police station.~ Mr. Charbonneau noted the police chief would like cameras for around the building.

Mr. Andrade advised Mr. Fruchtl to consider the Board comments along with Nitsch comments when they are received.~ The hearing was continued to April 16th, 6:15 p.m.

Mr. Charbonneau informed the Board he contacted Mr. Gallagher, and he is not able to attend the meeting tonight.

Bassett Knoll Estates public hearing was reconvened.~ Mr. Andrade informed the hearing will have to be continued to April 2nd.

Mr. Harris asked about the matter of off-site improvements that was previously discussed.~ Mr. Andrade explained he will be meeting with Ed Buckley to discuss the issue of road improvements.~ Mr. Andrade explained the Town is holding funds from other projects and there is presently over $100,000 set aside for Locust Street but he wants to know what else is needed to make needed improvements.  He noted it is not all this applicant’s responsibility.

It was noted the applicant has been working out issues with the plan since the last public meeting.~ Mr. McKenzie informed the Board there will be waiver requests withdrawn.  The public hearing was continued to April 2nd, 6:12 p.m.~

Hutch Motor Sports site plan public hearing was opened.~ Mr. Charbonneau read the hearing notice. Mr. Fountain stated he cannot sit on this hearing as he represents one of the parties, and he left the meeting.

Mr. Andrade stated there is no voting quorum so the hearing will be continued to April 2nd, 6:30 p.m.~ Nitsch Engineering issued their review report on the plan; Mr. Andrade suggested the applicant continue to work with them on issues.

Tearall Road discussion:~ Jay Zola, Mansfield, MA, and Chris Marcheselli, Mansfield, MA, appeared before the Board to discuss a possible subdivision plan off Tearall Road.~Proposed schematic plans were shown.  Two plan options were discussed:~ a six lot conventional subdivision off Locust St. and a cluster development off Tearall Road.~ Mr. Zola believes they have proved the drainage for the six-lot plan off Locust Street can be done.~

Mr. Zola discussed a possible open-space off Tearall Road, noting this plan is more beneficial than having a new road off Locust Street so close to Tearall.~ He noted a complete drainage system is proposed with the Tearall Road plan but they may need waivers on things such as granite curbing, sidewalks, underground utilities.~

Mr. Andrade asked why the Board could consider a cluster development when another plan shows a conventional plan can be done.~ Mr. Zola discussed there was some research and they felt it could be done.~ Mr. Andrade discussed that the plan created an artificial road with six lots and then moved the development to another road that already exists.~

Mr. Fountain felt it was a benefit to the Town to not have a new road off Locust Street.~ Mr. Andrade agreed, but questioned if this cluster plan was the intent of the by-law.~ Mr. Fountain felt it is because it benefited the Town by having less impervious area.~

Mr. Marcheselli discussed that the 30 ft. right of way on Tearall Road is typically less than other roads.~ There was discussion of the other house lots on Tearall Road and improvements that were made.~ There was discussion of the fact that eventually Tearall Road would be improved.~ Mr. Marcheselli noted their plan proposes to improve drainage along the road.

Mr. Andrade discussed that he felt the applicant had a right to build on Tearall Road and that plan is more practical but he is not sure if the Board has the right to allow it.~ He noted the Board also had the right to ask for improvements to bring the road to today’s standards.~ Mr. Andrade agreed with the concept but felt the legal question is does the cluster by-law give the applicant the right to draw one plan showing lots and then come in on another existing way with the cluster plan.~ Mr. Fountain discussed that eventually Tearall Road would become a cut-through to Judson Street.~ He stated he would want improvements to include sidewalks and preferably underground utilities.~ Mr. Andrade preferred having granite curbing to sidewalks.~ ~

Mr. Fountain discussed the concept of allowing a two-lot subdivision road with waivers for minimal road improvements off Tearall Road.  Mr. Andrade said he liked the idea.

After discussion it was agreed that Mr. Charbonneau will check to determine if the proposed plan is possible under the open-space by-law.~ Mr. Buckley will be consulted on improvements for Tearall Road.
No action was taken.~ The matter was continued to April 2nd.~

General Business:  letter dated March 4, 2015 was received from Randall Buckner, Town Administrator, forwarding proposed amendment to the Flood Hazard Protection Overlay District.~ Public hearing will be scheduled for April 16th.

Riverfront LLC @ Church Street:  at the applicant’s request, the matter was withdrawn from the agenda.~ No action taken.

Town Planner update:  Mr. Charbonneau discussed his memo, dated February 26, 2015, re. Zoning by-law amendments/FEMA map changes.  FEMA is encouraging towns to adopt the changes made to the maps.  Mr. Charbonneau received an e-mail from Colleen Bailey at Mass. DCR on the matter.  Mr. Andrade asked for further information before voting on the amendment.  Mr. Charbonneau asked the Board to sponsor the amendment; Mr. Andrade wants to know if ConCom is agreeable with the amendment before sponsoring.  Mr. Charbonneau will follow up.   Public hearing will be scheduled for April 16th.

Mr. Charbonneau discussed the proposed amendment to medical marijuana by-law, explaining the approved by-law was improperly located within the by-laws by not being in alphabetical order, and the amendment will now be relocated in its proper place. Public hearing will be scheduled for April 16th.

Amendment to the temporary sign by-law (6.6.9F) is being proposed and sponsored by the Building Commissioner.  Public hearing will be scheduled for April 16th.   

There was no further business and the meeting adjourned at approximately~8:35 p.m.

Christopher J. Gallagher

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