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Planning Board minutes May 7, 2015
The Raynham Planning Board meeting of Thursday, May 7, 2015, at Raynham Veterans’ Memorial Town Hall, was opened by Chairman Daniel Andrade at 6:00 p.m.

Board members present:~ Daniel Andrade, Burke Fountain, Christopher Gallagher, Russell Driscoll and John Teixeira

Staff present:   John Charbonneau, Director Planning & Community Development; Maureen McKenney, Administrative Assistant

6:00 p.m.    Mr. Andrade welcomed newly-elected Board member John Teixeira.

Board reorganization:~ Mr. Fountain moved to elect Mr. Andrade, chairman; Mr. Fountain, vice-chairman; Russell Driscoll, clerk; and John Teixeira, SRPEDD representative.~ Mr. Teixeira noted he preferred not to be SRPEDD rep but will be, and he seconded the motion; unanimous to approve (5-0-0)

6:02 p.m. – All American Assisted Living facility: ~Attorney Edmund Brennan, Taunton, MA, appeared before the Board, along with John Oguzturk,~Kaplan Development Group, to request a temporary occupancy permit for the site.~ Attorney Brennan noted the developer will post a cash bond for the uncompleted site work in the hopes the site can open tomorrow.~ Construction Cost Estimate dated May 6, 2015, was received from Nitsch Engineering, detailing a cost to complete the project at $127,476, which includes 30% contingency amount.~ Attorney Brennan noted several items on Nitsch’s list have been completed as of today, and he asked the Board to reduce the estimate.  

Mr. Andrade stated the Board should not be asked to count the items done today but rather the applicant can return in two weeks and ask for a bond reduction at that point.~ He noted that two weeks ago the bond estimate was over $300,000 and it is now down to $127,000.~ Mr. Andrade stated he is comfortable with today’s reports on the site.~ He noted he spoke with the Building Commissioner and the Commissioner feels the site can be occupied this weekend and he will issue the temporary occupancy permit Friday morning if the Planning Board approves.~ Mr. Andrade stated the issue of the trees can be debated at the next meeting.

Mr. Fountain discussed that he was concerned the project was not close enough for a temporary occupancy.~ He noted was at the site at 5 p.m., today and also a couple of weeks ago and did not see anyone working to get things done in a timely manner.

Attorney Brennan stated there are no issues of safety to the residents, and there is a $500,000 retainage bond on the general contractor to get the work done.~ He noted this is not a public project so the premises are not going to be the Town’s responsibility, and his client will be keeping this project and not selling it.~ Mr. Andrade said the Board is concerned with safety issues but is okay with approving the temporary occupancy permit with a bond in the amount of the Nitsch cost estimate.~ He noted the Building Commissioner is comfortable with issuing the temporary occupancy and the inspectors and other departments, including fire, have signed off on the permit.

Mr. Teixeira commented that he was at the site today and several times had to avoid trucks, which made it difficult to walk around.

Mr. Andrade moved to approve All American Assisted Living facility at 1084 Broadway for a temporary occupancy permit to be signed on condition of bond in the amount of $127,476, per the Nitsch estimate; second for discussion by Mr. Fountain.~

Mr. Fountain discussed that he does not want a situation similar to Wal Mart with continued extensions of the temporary occupancy permit because work was not done.~ Mr. Andrade stated he feels this project is more connected to the Town so the work will be done.~ Mr. Charbonneau noted he had received positive feedback from other towns where the company has facilities.~ Mr. Gallagher stated he is happy with their work on sewer department issues.~ Vote was taken and the motion as stated passed unanimously (5-0-0).~ It was noted it is up to the Building Commissioner to determine how long to allow the temporary occupancy permit and ConCom issues are separate from the bond taken by the Planning Board.

6:21 p.m. – Colbea/Shell station, 442 New State Highway site plan:~ the public hearing was reconvened.~ Tony Fruchtl, Ayoub Engineering, Pawtucket, RI, was present along with Angelo Rou, owner and operator.~ Letters dated May 4, 2015 were received from Ayoub Engineering along with Project Narrative, dated May 4, 2015; copy of e-mail, dated May 6, 2015, from Captain Bryan LaCivita of Raynham Fire Department was received.~ It was noted Nitsch Engineering had recently received a revised site plan and their project review is not yet complete.

Mr. Fruchtl explained the project, noting the existing station will be torn down and replaced with a 35ft. by 84 ft. building; variances were granted by ZBA for signage; new tanks will be installed; islands will be larger than previously; dumpster area will be provided; there will not be a basement for the building as originally shown; parking has been recalculated since the removal of the basement and 19 spaces will now be needed and the spaces at the pumps may be counted towards the parking calculation so the special permit request for parking reduction will be withdrawn;~there will be wall pack lights provided for safety; site lighting will be LED; the lighting under the canopy exceeds “ordinance” requirements for safety reasons; the ID sign will be internally lit; the ‘Seasons’ sign will be internally lit but the ‘corner market’ will be uplit.~ Mr. Andrade requested that lighting information be shown on the plan, and the site lighting should not spill off the property or shields will be needed.

Waiver requests, per letter dated May 4, 2015, from Ayoub Engineering, were discussed.~ The Board was agreeable to item Nos. 1, 2 and 3; No. 4 – the proper number of trees will be provided on site but not within the parking area in order to make passage through the site better.~

There was discussion on Nos. 5 and 6.~ Angelo Ruo, Cranston, RI, addressed the Board and explained this is a family business and he is active in safety protocol.~ He noted bollards are good for stopping cars but there is a problem with bollards at the curbing because snow removal is difficult, which could lead to slip and fall accidents.~ He discussed that there are curb stops at some of their other stores and they work although sometimes during snow plowing they are destroyed.~~ Mr. Andrade noted there could be problems with the curb stops but the Board needs to protect pedestrians and prevent accidents.~

Mr. Teixeira noted that sometimes if a car pulls up to the curbing at a sidewalk, the sidewalk can ‘disappear.’~ Mr. Gallagher noted curbs slow cars down but bollards will stop them.~ Mr. Fountain stated he liked bollards on a sidewalk.~ Mr. Ruo stated he would be agreeable with curb stops.~ Mr. Fountain pointed out that providing a building with more structural integrity for the first three feet, and having it confirmed by an engineer, is an option he could go along with.~ Mr. Teixeira stated that would not stop a pedestrian from getting hit.~ It was noted the parking layout is okay for curb stops.~ Mr. Driscoll was agreeable to the curbing.

Mr. Andrade suggested waiting for the Nitsch report before addressing other waivers.

Mr. Charbonneau noted the Board had previously discussed shifting the curb cut further from the intersection.~ Mr. Fruchtl explained doing so would make getting around the pumps difficult.~ He discussed the site traffic plan, noting there will be access to the site from South Street West.  There was discussion of where cars will be entering the site.  

Mr. Fountain questioned where the fuel trucks will unload.~ Mr. Fruchtl showed the area on the plan and noted that cars can get through the site when fuel trucks are delivering.~ Mr. Ruo explained that the fuel trucks do not schedule during peak station hours and that likely the same couple of drivers will deliver to the site.  Store deliveries will be made by smaller trucks that can generally fit into parking spaces or can sit on the corner pad on site, and these deliveries also are not made during rush times.~ (Mr. Gallagher left at 6:55 p.m.)

Mr. Ruo discussed that the business takes pride in its look, landscaping and ‘pristine’ bathrooms.

The easement over the Papa Gino’s property was discussed.~ It was noted there is no drive-through at Papa Gino’s now and there are no issues but that could change if the business on that property changed.~ Mr. Charbonneau noted the fire department likes the back exit over the Papa Gino’s property.~

The use of cameras on site was discussed.~ There will be 16 cameras in use.~ Mr. Andrade requested the applicant meet with the police chief to discuss the installation of cameras that may be beneficial to the police department, especially the use of cameras for the intersection.~ Mr. Ruo agreed to do so before the next meeting.~

Mr. Teixeira asked if the Board resolved waiver request No. 5.~ Mr. Andrade noted that waiver will not be needed if car stops are used.

Mr. Fountain stated that no lights should shine onto the nearby intersection.~ Mr. Ruo noted the LED lights do not shine and the site will look back lit.

Mr. Fruchtl noted the DEP storm water permit is an outstanding item and will not be done within the next two weeks.~ The Board agreed that could be conditioned into their approval.

The public hearing was continued to May 21st, 6:15 p.m.

7:07 p.m. – Discussion of Route 138 rezoning.~ Mr. Charbonneau submitted two sketch sheets of the Broadway corridor.~ He explained the color designations shown on the sheet indicate the different zoning districts along the roadway.  He explained that the sheets do not show an overlay district, but issues to consider when creating an overlay district include boundaries, uses and dimensional regulations.~

Mr. Andrade spoke of the SRPEDD study that was done, noting the three areas recognized by the study are Britton Street to Rte. 495, Britton Street south to King Philip Street and the remaining south of King Philip Street area.~ Mr. Charbonneau noted the Board members have been given copies of the SRPEDD study and the study is also online~for those who may want to see it.~

Mr. Andrade explained that a points-of-discussion sheet will be put together for the next time the Board discusses Broadway rezoning in order to clarify issues.~ Mr. Teixeira stated the issue should be ‘put to bed’ one way or another.

Mr. Andrade noted that the Board had said they would not extend zoning lines beyond property lines.~ He discussed that rules and regulations can be created for an overlay district and there could be separate regulations for any use that may extend into a residential area.~ He stated he felt an overlay district is better than rezoning, and he felt the Residential D district did not amount to much; Mr. Teixeira noted there were some businesses created there.~ Mr. Fountain said he thinks~businesses should have 200 to 250 feet frontage in this area.~ Board members agreed to keep individual files with the information that is presented for discussion, including the SRPEDD study.

Town Planner update:~

  • Upcoming project, O’Reilly Auto Parts, to be located on Broadway (near Emond Brothers site).~ The old building will be razed for construction of a new building.~~~~~~
  • Lincoln Woods – the developer was in the office recently and stated his intent to finish the subdivision.~ Mr. Andrade commented that he recently drove through the area and thought it looked great.~
General business:~ Mr. Teixeira questioned if the Board should be keeping the school committee apprised of upcoming projects.~ Mr. Andrade noted it is not required by Mass. regulations, but it would be courteous and the matter could be looked into.~ After discussion, it was agreed Mr. Charbonneau will contact Ms. Riley, chairperson of the school committee, to discuss.

Invoices were signed; the SRPEDD delegate appointment form was signed.

Mr. Fountain moved to waive the reading and approve the minutes of March 19, and April 16, 2015; second Mr. Teixeira; unanimous to approve (4-0-0).

There was no further business and the meeting adjourned at 7:42 p.m.~

Respectfully submitted,

Russell Driscoll, Clerk

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