Planning Board

Meeting Minutes
Meeting date: 
Thursday, October 17, 2019

Raynham Planning Board

Meeting Minutes

Thursday, October 17, 2019

Board members present: Mr. Burke Fountain, Mr. Russell Driscoll, Mr. Christopher Gallagher, and Mr. John Teixeira

Board members absent:  Mr. Daniel Andrade

Also present: Mr. Robert Iafrate, Building Commissioner/Planning. Mr. Steven Ventresca, Nitsch Engineering and Ms. Maureen McKenney, Administration Assistant

Mr. Fountain opened the meeting at 6:00 p.m. and informed the meeting is being audio- and video recorded.

6:00 p.m.  – Carol Sullivan – Endorsement of Carol Drive Subdivision Plan:  Applicant was not present. No action taken.

6:05 p.m.  – Continued Public Hearing: Raynham Preserve East Open-Space Subdivision and Discussion about trees at Raynham Preserve/Bassett Knoll:  The Planning Board received a letter requesting a continuance until November 7, 2019. 

MOTION: Moved by Mr. Fountain and seconded by Mr. Driscoll to continue the Public Hearing for Raynham Preserve East Open-Space Sub-Division, discussion on trees at Raynham Preserve/Bassett Knoll until November 7, 2019, at 6:15 p.m. Discussion:  None.  Vote:  4-0

6:15 p.m.  – Continued Public Hearing: Cumberland Farms – 883 Broadway Site Plan

Present was Mr. Troyer on behalf of Cumberland Farms, Mr. Phil Henry, P.E., Civil Design Group; Ms. Maureen Chlebek, Traffic Engineer with McMahon & Associates.

Mr. Gallagher disclosed business dealings with the applicant; therefore, he recused himself from discussions.

On September 25, 2019, responses to questions were provided to the Board’s consultant and a final traffic peer review as received earlier this week.  Additional materials and revised plans were submitted to the Board.

Because the streets and driveways are not well defined, Mr. Fountain asked about surveying. 

Mr. Henry informed that a survey was performed on the lines and one could decipher where the curbing should be or want to be based on the crown of the road/the property line.  Unfortunately, the area they surveyed was not marked.  Mr. Fountain asked if this is Land Courted land.  Mr. Henry was not aware of this being Land Court land.  Mr. Iafrate said the area of concern is the entrance to the south where it goes off the layout and is on someone else’s property.  Mr. Henry informed that they met with MassDOT on October 8, 2019, and MassDOT indicated that the plan they show was taken from a MassDOT Plan earlier this year.  The current plan addresses the curve on Richard Street, and the homeowner will be getting his land back.  If the project is approved, the work could begin prior to the proposed MassDOT work.

Mr. Henry discussed light pole relocations.  Applicant has confirmed MassDOT will reconstruct the area located in the southerly corner of the front property except there will be no new sidewalk because they will be tying into the existing.  Mr. Henry informed that there is no land taking and that the MassDOT project is moving away from their property.

Mr. Fountain asked about the three side streets being public roads.  Mr. Troyer informed that Sylvain Street was taken by the Town of Raynham in 1952.  There is no record for Wayne Street or Richard Street.  Applicant was informed by Raynham Town Clerk that Wayne Street and Richard Street are State roads, but Applicant has not been able to get confirmation or denial of that.  Mr. Troyer explained that Mr. Sylvain owned the entire area and subdivided around 1950 to create various lots including these three streets.  Mr. Fountain asked if there would be any issues if the roads are private ways.  Mr. Troyer said there would not be.  It has not been verified if the remaining roads were accepted or if there is some type of recording issue.  If the road is private, Applicant would own up to the middle of the road pursuant to the Derelict Fee Statute.  If the Town has been maintaining all the roads in the area, then in essence, these roads would be owned by the Town through Prescription ownership. 

Mr. Henry informed that a letter dated September 26th was sent in response to Mr. Buckley’s July comments.  Mr. Henry met with Mr. Buckley on site and reviewed the acceptance of streets.  Mr. Henry noted that during a meeting with MassDOT, it was made clear that MassDOT does not own Wayne Street or Richard Street.  Mr. Fountain asked the applicant to verify who has maintained the streets.  Mr. Henry said it is their understanding that the Town of Raynham has been maintaining the streets since 1951.

Mr. Chris Petti, 2 Wayne Street, was present and informed the Board that the Town does plow his street and has for many years.

Mr. Henry reviewed the responses to Mr. Buckley regarding private property.

A statement from Mr. Buckley was that the stormwater design should be reviewed by the Planning Board engineer.  Mr. Henry noted the stormwater design was reviewed by Nitsch Engineering.  During a site visit, Mr. Buckley requested milling and overlay of the road due to potential increase in traffic.  Representative for Cumberland Farms was present during the site

meeting and agreed to mill and overlay up to the easterly part of the easterly driveways where there will be increased traffic.

Mr. Buckley requested that MassDOT review and comment on pedestrian access to facilitate safe access from Broadway into the side of the building entrance.  During the meeting, Cumberland Farms introduced a sidewalk connection from Broadway along Richard Street into the store area.  Should the plan receive approval, there will be a condition for an internal sidewalk. 

The stormwater comments focused on water quality along the front of the property.  Mr. Henry and Mr. Ventresca spoke about this concern and about improvements on the swale to make it a stone swale area with check dams.  Mr. Fountain stated that one of his concerns is the drainage into the streets on each side.  Mr. Henry stated that the proposed drainage may not be a concern for the project but perhaps it’s an off-site mitigation that is requested.  Mr. Ventresca has not had any communication with MassDOT, only a few emails from Mr. Buckley expressing his concerns about drainage and surrounding site.  Nitsch Engineering did review, and conversations were had with Mr. Henry about the site drainage.  Based on the calculations provided, an understanding was that the groundwater is elevated.  The front quarter of the lot will have water sheeting towards Broadway.  The remaining area will drain toward the back of the site.  There are controls in place at the back of the site that will slow down the flow before it goes around the site and absorbed by the landscape.  The applicant is providing trench drains at the entrance locations and grading for the site that is greater than 1%.  They will also control the icing with sand and salt.  This did lead toward the question of water quality as it drains toward the front area near Broadway.  A drainage system located up front belongs to MassDOT, and it is going to remain and can be used by the applicant.  Mr. Ventresca requested the applicant look at using the edges of the stormwater capacity in the event of a 100-year storm. 

Traffic flow seems fine and parking is permitted for the site.  Traffic flow for delivery trucks has been provided. Mr. Fountain asked about larger size vehicles for diesel

Mr. Teixeira asked if the establishment will be open 24/7.  Mr. Troyer stated that it is the initial intent of the applicant.

Mr. Ventresca stated that he does like the double entrances as it allows easier entrance and exits onto Rt. 138.  A traffic response was supplied in response to the applicant’s traffic report. 

Ms. Maureen Chlebek explained what a pass-by trip is.  Regarding tankers coming onto the site before and after the MassDOT project, Ms. Chlebek has a template that shows what can happen in any of those directions.

Mr. Fountain asked for the anticipated start date of the project.  Mr. Troyer informed that they still have a hearing with the Raynham Zoning Board of Appeals.  If possible, construction could begin March/April 2020 with approximately four months to fully construct.  The proposed MassDOT construction project is scheduled to begin 2022.

Mr. Troyer presented a draft report of the lighting plan that includes decibels that come off the site and a drawing of the lighting for different areas.

Mr. Fountain requested Mr. Ventresca review the lighting information presented to the Board.

Color rendering of the building and a list of waivers were presented by Mr. Troyer to the Board.

Mr. Iafrate’s recommendations for conditions are as follows:

Tree line located on the side of the property as a buffer for residents. 

Hours of operation.

Directional signage to be installed for traffic flow onto Rt. 138 from the site.  This would be especially important for larger trucks not to be navigating into the sub-division. 

Noise Ordinance, possible limit of time for deliveries.

Fire lane marked properly on the final plan.

Mr. Petti asked for clarification on the wooded area being removed and the buffer for construction beyond the business zone.  Also, there is a snow removal area depicted on the plan that is outside the Business zone.  Currently, Mr. Petti can see the back of the existing building.  He asked if there will be something constructed so that people don’t walk onto his property.  Mr. Henry said that it would be agreeable to extend the fence on the southerly side of the building around to the back side.  Cumberland Farms usually will install a six-foot white vinyl fence.

Mr. Petti expressed concerns with the site being open 24/7 and the noise from an air pump or car vacuum.  The air pump and car vacuum is in the front of the property.  Mr. Petti commented on the increase of traffic in the area and the future increase in the area.  He also commented on the left turn out of the area especially with the issue up the street where there was another death resulting from an accident.  He does not want to see cars coming back into the development where children live.

MOTION:  Moved by Mr. Fountain and seconded by Mr. Teixeira to continue the Public Hearing for Cumberland Farms, 883 Broadway Site Plan, to November 7, 2019, at 6:30 p.m.   Discussion:  None.  Vote:  3-0

General Business & Correspondence:

  • No invoices/bills received since the last Planning Board meeting.
  • Approval of Raynham Planning Board Meeting Minutes:  MOTION:  Moved by Mr. Fountain and seconded by Mr. Teixeira to approve the Raynham Planning Board Meeting Minutes of September 5, 2019, and October 3, 2019, as presented.  Discussion:  None.  Unanimous Vote (3-0)

Correspondence:

  • No correspondence received.

Planning Coordinator Update:

  • No report from Mr. Iafrate this evening.

SRPEDD Update

  • Mr. Teixeira informed that a SRPEDD meeting is scheduled for next week.

Plans to be signed

  • No plans to be signed by the Board

6:30  p.m.  – Executive Session – Pending Legal Matter

Mr. Fountain asked for a motion to enter Executive Session and informed that the Board will not be returning to Open Session.

MOTION: Moved by Mr. Fountain and seconded by Mr. Driscoll to enter Executive Session on pending legal matter.  Vote:  4-0

On a Roll Call Vote:  Mr. Driscoll – Yes; Mr. Fountain – Yes; Mr. Gallagher – Yes;

Mr. Teixeira – Yes.  Vote: 4-0

Respectfully submitted,

Russell Driscoll, Clerk

Next Scheduled Raynham Planning Board Meeting:

November 7, 2019, 6:00 p.m.