Planning Board meeting

Meeting minutes
Meeting date: 
Thursday, September 5, 2019

Raynham Planning Board

Meeting Minutes

Thursday, September 5, 2019

Board members present:  Mr. Daniel Andrade, Mr. Burke Fountain, Mr. Russell Driscoll and Mr. John Teixeira

Board members absent:  Mr. Christopher Gallagher

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

6:00 p.m. – Lot releases at Cornerstone Estates:  Frank Gallagher, P.E., Gallagher Engineering, Foxboro, MA, was present along with property owner/applicant, Mr. Sean Carnes.  The binder course of pavement, utilities and drainage system are all complete.  The drainage system, which consists of a grass swale and culvert, has been installed and is working.  Mr. Andrade informed that he took a drive by and everything looks good.  Frank Gallagher asked for the release of two lots, #31 and #32, with the third lot to be held for surety.  A partial roadway as-built was submitted today to the Board.  Mr. Andrade asked Nitsch Engineering for their feedback. 

Mr. Ventresca explained he conducted a site visit today; he submitted an e-mail stating that it is complete except for the top course.  In his e-mail, he suggested holding back funds, approximately $5,000 due to the plants not having a full growing season.  A copy of Nitsch Engineering review was given to Mr. Gallagher.

Mr. Andrade asked if there was a Form J for the release of the lot.  Mr. Carnes informed that there is a recorded covenant and will submit a copy to the Board.  Mr. Fountain stated that he does not have an issue voting, but would like to see the Covenant and release.

MOTION:  Moved by Mr. Andrade and seconded by Mr. Fountain to approve the release of Lots #31 and #32 at Cornerstone Estates; holding one lot as a security; subject to the review of the Covenant; and subject to the submittal of Form J.  Discussion:  None.  Unanimous vote 4-0-0

6:05 p.m. – Discussion on proposed two-lot preliminary subdivision plan on 1051 Locust Street.  Arthur Borden, P. E., Arthur Borden & Associates, Raynham, MA, and property owner, Mr. Ken Appleby, were present.  Mr. Appleby has a couple of acres of land and is looking for a way to develop a second lot.  Mr. Borden suggested providing a 40-foot wide private way with a hammer head at the end that provides for 150+ feet of frontage for the back lot.  The lots would conform to zoning setbacks.  The applicant would like to move forward to a definitive plan and not go through the formality of a full preliminary plan.

Mr. Andrade informed that he discussed this project with Mr. Iafrate, and they have a couple of issues.  The configuration of a 125 ft. x 125 ft. box should be 45 feet off the setback line but it does not seem to fit on the proposed plan.   Mr. Borden can shorten the road to make the box fit.  Mr. Iafrate noted that as a retreat lot, it does not have the square footage requirement. 

Mr. Fountain stated that in his opinion, the applicant is creating two lots, which makes it a subdivision, and he would not have any issues as long as the plan meets the requirements of a subdivision.

Mr. Andrade read from MGL Chapter 41, Section 81R, Waiver of Strict Compliance with Rules and Regulations,  which states that a planning board may in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law, waive strict compliance with its rules and regulations, and with the frontage or access requirements specified in said law, and may, where the ways are not otherwise deemed adequate, approve a plan on conditions limiting the lots upon which buildings may be erected and the number of buildings that may be erected on particular lots and the length of time for which particular buildings may be maintained without further consent by the planning board to the access provided. The planning board shall endorse such conditions on the plan to which they relate, or set them forth in a separate instrument attached thereto to which reference is made on such plan and which shall for the purpose of the subdivision control law be deemed to be a part of the plan.

Mr. Ventresca feels that Section 81R is more for a project that a town or city would do in the public interest, whether for water or infrastructure.  Mr. Andrade disagreed because a number of their special permits state for the public interest; therefore, if it is in the public interest with the surrounding areas, then the Board can waive strict compliance with Rules and Regulations.

Mr. Iafrate’s only issue is the building setback line and the right-of-way being only 40 feet.  Mr. Andrade asked if there would be a radius on both sides.  Mr. Borden stated that it would need a waiver.  The property does not have any wetlands.

Mr. Andrade stated that if it is going to be considered a subdivision, then certain requirements will need to be met and some may be waived by the Board.  A grading plan will be necessary for the driveway and he suggested Mr. Borden review the regulations and compile a list of waivers.

No action taken.  The applicant will be coming back with a definitive plan.

6:10 p. m. – Discussion  re.  Mastria Subaru:  Mr. Steve Gordon, Kirker-Perry Construction, Inc., Raynham, MA, appeared before the Board.  He informed that a plan was shown to the Board last April and the Board requested the applicant’s plan go to the Conservation Commission.  The Conservation Commission has reviewed and approved the plan; applicant is now moving forward with an abbreviated site plan.  Mr. Iafrate informed that he brought this before the Board in April prior to the review by the engineer for drainage because the drainage was to be reviewed by the Conservation Commission Agent. 

The proposal is for additional parking spaces and a reconfiguration of the detention basin with two small additions on the building.  Site plan approval is triggered because of the additional parking spaces and additions over 1,200 sq. ft.  One addition is 3,100 sq. ft. and the second addition is 1,300 sq. ft.  The drainage basin will be reconfigured, there will be additional parking spaces and a segmented block retaining wall.

Mr. Andrade asked if there will be any changes to the front entryway and are there any waivers.  After discussion, the Board agreed that the applicant needs to file for an Abbreviated Site Plan process.

Public Hearing for Cumberland Farms site plan at 883 Broadway was opened.  Mr. Driscoll read the public hearing notice.

Mr. Andrade informed that he was asked to recuse himself when this property previously came in front of the board for rezoning.

6:32 p.m. - Mr. Andrade recused himself, turned the meeting over to Mr. Fountain and left the meeting room. 

Present were Attorney Doug Troyer, on behalf of Cumberland Farms; Phil Henry, P.E., Civil Design Group; and, Ms. Maureen Chlebek, Traffic Engineer with McMahon Associates, Inc./Transportation Engineers and Planners.

The existing China Garden building consists of about 9,201 sq. ft.; it is located in the Business District. The owner of the property also owns 0 Richard Street, which is a vacant parcel of approximately 15,246 sq. ft.  When combined, the China Garden property and the Richard Street parcel are approximately 51,312 sq. ft.  Cumberland Farms has entered into a lease agreement for the property with a contingency that Cumberland Farms obtain all necessary permitting.  Cumberland Farms appeared before the Board earlier this year to seek rezoning of the Richard Street property from residential to business.  The Planning Board did not recommend the rezoning request.  The rezoning request was ultimately voted down at Town Meeting.  Cumberland Farms has since designed a plan that will maintain the existing residential property buffer.  The existing building will be removed and replaced with a 4,600-sq. ft. convenience store.  They are also proposing to provide self-service gasoline pumps with six (6) fuel dispensers.

Previously when the applicant came before the Board, they proposed a design where they would occupy a good portion of the vacant parcel of 0 Richard Street.  What is before the Board today is a condensed project that still meets the needs of the applicant while mitigating some of the neighbors’ issues. 

The proposed building is completely outside of the residential zone while maintaining 100 feet of vegetated area along Richard Street.  The 4,600-sq. ft. convenience store will have two entrances supported by side parking and parking along the front of the building.  The six (6) gasoline dispensers will be located toward Broadway with access via four curb cuts, two on Sylvain Street and two on Richard Street.  No access proposed on Broadway due to the narrowness of the lot and the fact that it’s MassDOT jurisdiction.  A technical review meeting for this plan was conducted a few months ago, and  design changes included landscaping and curb cut for fire apparatus. 

A peer review letter from Nitsch Engineering, dated September 4, 2019, was received.  It was noted there will be waivers requested for the project.  The Board discussed the gas holding tank depth of 15 feet as well as the water table being about 3 feet.  Much of the building footings will be in ground water also; the tanks will have dead man traps.

Mr. Iafrate explained that the State/MassDOT is in the process of putting together a plan for Rt. 138 roadway improvements from King Phillips Street to Rt. 495; there was also a discussion about the intersection on Richard Street.  The info presented at a meeting was that the intersection of Richard Street and Rt. 138 will be straightened with the removal and repair of the angle on the corner. Mr. Iafrate suggested the applicant reach out to MassDot to discuss the project.

Letter dated July 2, 2019, from Raynham Highway Superintendent Ed Buckley was received and copy given to Mr. Troyer.  Mr. Buckley questioned if both streets are public ways; he would like confirmation if they are.  Mr. Troyer informed that both streets are public ways.  The Board discussed the vegetation behind the building and the proposed grading to bring the site up to grade.

Ms. Maria Petti, 2 Wayne Street, Raynham, addressed the Board and discussed that the abutters have concerns on drainage because now there is a lot of drainage going down both Richard Street and Sylvain Street; at times it is a “river.”  She questioned the proposed grading and effects of the runoff. 

Mr. Fountain stated that there should not be runoff from applicant’s property.  Mr. Troyer informed that local and state standards are followed to manage storm water.  It is anticipated that there will be less water running off the site.  Any runoff towards the back of the site will have ample time to infiltrate into the ground.  Applicant feels confident there will not be any additional water coming from the site than there is now.  Currently, drainage goes into the catch basin in front of the property.  They will be discussing with MassDOT the use of the catch basin as an overflow. 

Mr. Ventresca stated that the applicant is reducing the impervious area by about 10%.  The uncontrolled runoff going down the side streets seems to be coming from Rt. 138.  Nitsch Engineering letter mentions lining the area in the front due to the high-water table.  Mr. Troyer informed that the water running down Sylvain Street is coming off impervious surface and that was not accounted for because they are not detaining any water.  There is no creation of a basin above or below ground.  Currently, there is no vegetation along the front of the property, but the plan proposes a vegetated swale.

Ms. Petti discussed her concern with light pollution.  When reviewing the lighting plans, it looks overwhelmingly bright because there are so many lights.  Nearby Supreme Plaza has lighting that is overwhelming, and she does not want another plaza being the same.  Another concern is traffic, the number of vehicles coming in and out of the site.  Also, the neighbors are concerned with busing for the children as there is a school bus stop at the end of each street. 

Mr. Iafrate informed that the applicant is currently before the Zoning Board of Appeals for a Special Permit to allow the gas station.  The ZBA is waiting for the traffic study to be reviewed.  Mr. Ventresca informed that Nitsch was asked to perform the traffic review, and he will forward a copy to the Planning Board once available.

Ms. Winokuli Bertrand, 6 Richard Street, Raynham, addressed the Board and discussed her concern for health issues, specifically cancer and respiratory issues for people living close to gas stations.  Mr. Troyer informed that the use is highly regulated, by both state and federal, for obvious reasons. Cumberland Farms, as do most other reputable gas stations, meet or exceed applicable state and federal regulations on the use of gas and venting gas.  On the lighting concern, Mr. Troyer informed that the pole lights will be 15 feet tall and the lights under the canopy are bright but are focused on the specific area. 

Ms. Maureen Chlebek, McMahon Associates, discussed the traffic study that was done in three phases: existing conditions, future build out and lastly, operations of the site and surrounding streets.  Existing conditions included a study at Broadway and Richard Street and Broadway and Sylvain Street and the proposed site driveways.  Traffic counts were collected in June on a Tuesday between 7-9 a.m. and 4-6 p.m.  A speed study was also conducted on Rt. 138, and it was found that the 85th percentile of speed was 40 mph in both directions.  Crash data was also collected from 2012-2016.  It was found that Rt. 138 and Sylvain Street had four (4) crashes and Richard Street had two (2) crashes over the five-year span.  Next, they looked at the future conditions and projected build-out at a seven-year period, which included any roadway work and development in the area.  The proposed site was looked at and the estimated amount of traffic was calculated.  It was estimated there would be 187 entering and exiting the site during the morning peak hours, and in the afternoon peak hours, there would be 161.  It is noted that  approximately 63% of trips in the morning are pass- by-trips and in the afternoon, about 66%.  A delay study was conducted on a Wednesday in July, and during the peak hours, a left turn had an average delay of 25 seconds to enter and a right turn had an average delay of 15 seconds. In the afternoon, there were no left turns, and the average right turn delay was 7.5 seconds.  When conducting capacity analysis of the key intersections, it was noted that the traffic on Rt. 138 moved without being obstructed, but the side streets do drop in terms of level service.  When looking at the site in terms of trucks/tankers entering the site, they found it preferable to have the driveways on the side streets to minimize the conflict points on Rt. 138.  Mr. Teixeira informed that a traffic study was conducted by MassDot for traffic on Rt. 138, showing about 25,000 cars a day. 

Mr. Iafrate asked that a color rendering of the building and the canopy be provided to the Board.

Mr. Fountain asked the applicant to review the July 2nd letter from the Raynham Highway Superintendent. Other items of concerns will be drainage and lighting.  He suggested the applicant contact Mr. Buckley to discuss as the Board will be seeking his input.  The Board will also need a letter from the Fire Chief stating that the access around the building is sufficient.  

Mr. Fountain thanked the applicant for the traffic report and requested a copy of the report for Mr. Buckley.  The applicant requested a continuance until September 19, 2019.  Time to Act will be extended to December 1, 2019.

MOTION: Moved by Mr. Teixeira and seconded by Mr. Driscoll to continue the Public Hearing for Cumberland Farms – 883 Broadway Site Plan to September 19, 2019, at 6:15p. m.   No discussion.  Unanimous vote (3-0-0)

7:48 p. m. - Mr. Andrade returned to the meeting room

Public Hearing for Raynham Preserve Open Space Subdivision reconvened.  Request for a continuance was received from the applicant.

MOTION:  Moved by Mr. Andrade and seconded by Mr. Fountain to continue the Public Hearing for Raynham Preserve Open Space Sub-Division to September 19, 2019, at 6:20pm.  Discussion:  None.  Unanimous vote (4-0-0)

ATG/Paramount Drive Site Plan public hearing reconvened.   Brian Hughes, Attorney, Taunton, MA, appeared before the Board as representative for Attorney Ed Brennan; also present were Dan Gagne, P.E., Beal & Thomas, Plymouth, MA, and Mr. Peter Bumila, Raynham, MA, site property owner.  The plan proposes a truck sales/service facility on Paramount Drive.  It is the applicant’s understanding that the Board’s consultant engineer and Mr. Gagne have come to an agreement on the Site Plan.  The applicant is looking for a vote tonight as this is a time sensitive project. 

Mr. Andrade informed that he reviewed the meeting the applicant had with the Conservation Commission and saw that the Commission will approve the waiver for the 25 foot no-touch area.  Mr. Fountain is in receipt of a draft Certificate of Action and will review.  A review letter was received from Nitsch Engineering dated September 4, 2019.  Mr. Ventresca stated that the applicant supplied information for the drainage, which was his biggest concern. The two outstanding items are the bollards around the building and the easement.  Mr. Gagne addressed the concern with the bollards and informed that Board that they have been added to the front of the building where there are parking spaces as well as on the architectural plan at each opening of the garage doors.  A letter dated September 5, 2019, addressed the concerns by Nitsch Engineering.

MOTION:  Moved by Mr. Fountain and seconded by Mr. Driscoll to close the Public Hearing and approve a plan entitled ATG Land Holdings Inc. LLC, Lot 22 Paramount Drive, Raynham, MA, dated June 28, 2019, with a revision date of August 26, 2019, subject to the approved waivers as set forth on the cover sheet of the plan.  Discussion:  None.  Unanimous vote (4-0-0)

Mr. Andrade asked Nitsch Engineering to research the use of wet basins.  Mr. Ventresca had sent to the Board two sections within Raynham Rules & Regulations that gives the Board authority to add or change the Rules & Regulations at any time.  A Public Hearing will need to be scheduled to discuss the adoption of wet basin design. 

Mr. Ventresca visited Nina Way today and will submit a letter to the Board.

Mr. Andrade requested Mr. Ventresca conduct a site visit on Orchard Ave Extension to check on the granite posts that are a condition of Certificate of Action. 

Mr. Ventresca asked if the Board is interested in common driveways as a by-law or to maintain as a requirement in a subdivision.  Mr. Andrade discussed the Rules & Regulations and asked Mr. Ventresca to draw up something for the Board to review.

General Business & Correspondence:

Invoices/bills payable were signed by the Board

Special Town Meeting Report for October 21, 2019, was signed by the Board.

Planning Coordinator Update:

  • Mr. Iafrate presented as-built plans to the Board that did not involve Nitsch Engineering for Mastria KIA, 1555 Rt. 44, Raynham, MA has been completed.  Mr. Iafrate reviewed the as-built plans and a letter was received from their engineer stating that it has been built according to the approved plan. 
  • Mr. Iafrate presented as-built plans for the old Honey of a Ham building and is waiting on the engineer’s report.  The proposed project is for a fast-food Italian restaurant.
  • The Board discussed the vacant property next to Mastria KIA.
  • Pine Street road closure starting Monday for three nights for sewer work over the culvert.
  • Applicant for Forest Street development asked if the Board would have an issue with water coming off a private way.  Mr. Iafrate informed the applicant that he did not see it as a problem as long as the easement was taken care of.  Mr. Andrade spoke to the Raynham Center Water District regarding the Forest Street development and the water coming into the development. 
  • Mr. Iafrate submitted the as-built plan and letter from the engineer on the extension for the last two lots on the northern part of Pine Street, which includes 19 parking spaces.  Mr. Buckley has approved. 

SRPEDD Update:

  • Mr. Teixeira noted SRPEDD did not have a scheduled meeting during the month of August.

Plans to be signed:  The Board signed the Greystone Estates and Bornstein/Tearall Road plans.

Mr. Teixeira informed of a road closure for a portion of King Street starting September 6th through September 8th.

Adjournment:

MOTION:  Moved by Mr. Teixeira and seconded by Mr. Andrade to adjourn from the Raynham Planning Board Meeting of September 5, 2019 at 8:27pm.   Unanimous vote (4-0-0)

Respectfully submitted,

Russell Driscoll, Clerk

Next Scheduled Raynham Planning Board Meeting:

September 19, 2019 @ 6:00pm