Planning Board 04/16/2026

(Episode Description is AI generated and may be errors in accuracy)

Thirty-five years on a planning board leaves fingerprints on almost everything a town becomes and this meeting proves it. We start by honoring Vice Chair Burke Fountain on his final night, reading a proclamation that names April 16, 2026 as Burke Fountain Appreciation Day and talking candidly about what it means to lose a steady legal mind in the room. It’s warm, funny, and very real: the kind of local government moment you don’t hear unless you’re paying attention.

Then we get into the decisions that shape daily life in Raynham. We approve an Approval Not Required plan on Church Street that removes interior lot lines across an existing multifamily site, setting up cleaner zoning compliance for future garages and site improvements. From there we hold a public hearing on accessory dwelling units (ADUs), explaining how the town’s ADU zoning bylaw had to be revised after the Massachusetts Attorney General struck provisions seen as too restrictive and what that means before town meeting.

The biggest stretch is a continued special permit and site plan review for a hotel project on Farmer’s Way, where third-party engineering comments, drainage standards, lighting shields, and the certificate of action process collide with a tough question: what is a fair public safety mitigation fee for a commercial development? We talk through per-acre logic, consistency with past projects, and how to move a project forward without turning approvals into a bidding war. We wrap with a Chick-fil-A redevelopment on South Street West, covering waivers, drive-through lighting, entrance re-striping, and a plan for traffic signal retiming if future backups appear.

Subscribe for more real-world zoning and development conversations, share this with a neighbor who cares about housing and traffic, and leave a review with your take: how should towns balance growth with community impact?

Transcript

Opening And Farewell Tribute

SPEAKER_12 0:02

Okay, we're on the uh Okay guys. Rain Ham planning board April sixteenth, twenty twenty-six, six p.m. Um the meeting is uh telecast on Comcast, channel ninety-eight and horizon channel thirty-four. Chris Gallagher, I'm the chairman. To my left is Burk Count and the Vice Chairman. To his left is Brian Oldfield, playing board member. To my right is Pam McCony, our serpent rep. And to her right is uh Matt Andrade, our associate member. Um first thing I was gonna talk about on the meeting. I don't know if any of you are aware, this is Burke Fountain's last meeting. After 35 years of being on the board, I've been lucky enough to be on the board with him 23 out of those 35 years. Um before I was on the board, I had my own engineering business, presented a lot of plans in front of the board, and he was a son of a guy. But we ended up getting along good. But I presented a lot of plans in front of the board for 12 years before I became a member. And Burke brought a lot to the board over the past 35 years that I'm gonna really miss um being an attorney. Um his knowledge of you know the law as it's the zoning and planning and just law in general has been invaluable, and the board's gonna be at a loss missing that. Um I think 35 years is uh more than adequate for anyone to put up with this board. Burke, we would like to really, really thank you myself on behalf of the entire board. Um we've been through just half the most of the developments in Rainham, Burke was sitting on the board. Most of the regulations that you see, governance subdivision of land, Burke authored a lot of the zoning Burke has authored. Um so just an incredible impact over the years of what you see today. And uh most of the people now, Rainham's changed a lot. I don't remember. Um, a lot of the old timers are gone, but I thought it was really nice that selectmen the other night decided to dedicate the town meeting report to Burke, so um that will come out on our next you know annual town report will be dedicated to Burke. We also have a proclamation that I'd like to read to Burke, and this is you know from the planning board, whereas Burke Fountain began his position on the Rainham Planning Board in 1991. Um were you born then that? Yes, okay, 91. Okay, it wasn't at all. You're over 35, I'm sorry. I'm getting old. And spent the next 35 years as vice chairman of the board diligently making planning decisions for the betterment of the town of Rainham. Whereas Burke is known for his skill in chairing a planning board meeting at a moment's notice, for his knowledge of legal aspects of plans and the registry of deeds, and for his attentiveness to meeting minutes. And whereas Burke has dedicated his time and experience to the town of Greenham over the past 35 years, he can now enjoy as much time as he wants in his favorite home away from home, the city of New Orleans, without calling in to a planning board meeting, which he has several times from New Orleans. And whereas the planning board does so appreciate the constant efforts and giving of his time to his community, and whereas we will surely miss his presence on the board. Now, therefore, the Rainham Planning Board does hereby declare April 16, 2026 as Burke Fountain Appreciation Day, and that proclamation is signed by myself, Chris Gallagher, our clerk Anthony Nicole, our associate member Matthew Andrade, our administrative assistant Maureen McKenney, Planning Board Member Brian Oldfield, Planning Board Member Inserver Rep Cam Bencone, Building Commissioner and Planning Coordinator Robert I. Frady, and it's a true copy attest to Marsha Silvier of the town clerk. Burke, I'd like to thank you for everything you have done for the town and the knowledge you've imparted on me on all the years that we've shared together. Um it's just gonna feel weird coming here and not having you to my left, so or to my right or here when I'm not here. So thank you for everything on behalf of the board. And to I don't know, Frank, if you haven't, John, um we were gonna go to Harry's Locasimir after and uh share a drink with you. And we're not gonna allow you to say yes or no, you're gonna have to go whether you like it or not, we'll drag it. Um so anyone else though would be welcome to come by and uh you know say thank you to Bert for his time serving the town of Ringham. Thanks, Bert.

unknown 6:22

Thank you.

SPEAKER_12 6:24

And this is a proclamation we'd like to hand you.

SPEAKER_07 6:35

Speech. Speech. No speech.

SPEAKER_12 6:40

No speech. Burke, man of many words as usual.

SPEAKER_07 6:45

It's been a good 35 years.

Church Street Lot Line Removal

SPEAKER_12 6:48

No, it's been good having you. I think before Burke was also on the conservation, which I was in the 80s as well, way back. So get a lot of time into the town of Rainham and his family. It's been part of the town for many, many years. Okay, all that uh being said, I guess we'll get on to our meeting and Burke's final meeting. Um the first thing we have at 602 an A on R plan on Church Street. Um my brother Frank is representing the plan. Um we've been caring for my mother at home. It's Frank's shift tonight, so I don't know if anyone would have a problem if I let him go out of order and so he can get back to his mother. He is the favorite to his mother, and I walk in, she goes to sleep, he walks in, she wakes up and starts smiling. So I'm gonna abstain from this. Um so I guess as vice chair, you're gonna have to direct all your inquiries to Burke.

SPEAKER_11 8:05

Okay.

SPEAKER_06 8:07

Good evening. Thank you all for hearing this. Um this is an uh it's submitted as an AR plan, and it's actually eliminating lot lines rather than putting putting lot lines in. But um just to put you on the on the locus, uh Church Street is here. Uh this is Easton, so these are the last three buildings in Brain again right before you cross the town line into Easton. Um it's number one Church Street, 50 and 27. Um you can see on the west side is Church Street, uh, Furnace Brook is the boundary to the east, the railroad is the northern boundary, and then East Taunt and the town line. There is actually a portion of the property that goes into East Ton here, but um but anyway, there's three um multi-unit buildings. Each one of them actually has eight units uh in it, and they're all one bed from units. And this is in the uh residential fee zone. So um the owner, uh Realty Trust, actually wants to eliminate the lock lines that are existing between these three buildings. This was done by an AR plan that was it may have been the 80s or the 90s, it was some time ago, that it was divided up like this. But um, what he'd like to do is get rid of those interior log lines. He'd like to sometime down the line build some garages that go with these uh multi-units, and uh so rather than try to deal with the setbacks from these log lines, he he'd like to just get rid of them. And if you look at the residential B zone, he can he can combine this all into one parcel, and the um the way the zoning's written for 24 units, he's actually got well in excess of the property that he needs to do that. It's um it's uh 43,560. If you go with multi-family, you have to basically have an acre, and then you have to have an additional 4,000 square feet for every um for every unit, and he's got more than enough for that naturally. That calculates out to a little over three acres that just within range, and he's got dive acres.

SPEAKER_10 11:06

So these form down early.

SPEAKER_07 11:14

My first question is what's the dotted line then through the building?

SPEAKER_06 11:21

That's the that's the town line right there. Pretty close. Yeah. I mean it may not be 90, but it's it's a sharp angle just like that. We do. We got a wetland line delineated here.

SPEAKER_07 11:54

I guess this is really well without that intentions and built some garages. That's what he's he's wanting to do.

SPEAKER_12 12:10

Does anyone have any questions on this plan, Brian?

SPEAKER_11 12:15

No, this is down on the left as you're heading down towards East Time, right? It is, yeah. Yeah. You'll see them three. All he wants to do is put garages. Yeah.

SPEAKER_10 12:29

Pam, any questions?

SPEAKER_03 12:31

Uh no, no questions, just clarifying the obvious. He's taking three individually parcel IDs and making it one big one.

SPEAKER_06 12:40

Yeah.

SPEAKER_07 12:43

Did you do the same thing with the other?

SPEAKER_06 12:45

We did across the street, that larger group of buildings. We did the same thing a year, probably the way time goes, it might have been two years ago, but we were in here with an AR that did the exact same thing across the street.

SPEAKER_10 13:02

Yeah, okay, Matt, any questions?

SPEAKER_02 13:07

No.

SPEAKER_12 13:08

Okay, I'm abstaining from voting, uh, but there's no other comments from the public or anyone on the board. I'd entertain a motion.

SPEAKER_07 13:19

Um make a motion that we approve a plan of land in the town of Rainham, Massachusetts, in the city of Taunton, Massachusetts, situated at 1 through 27 Church Street, prepared for Nobleman Realty Trust by Gallagher Engineering. Dated February 26, 2026.

SPEAKER_11 13:47

So here a second. Second. Discussion. All in favor? Aye.

SPEAKER_12 13:54

Abstain. Um how many copies do you need, Lori?

SPEAKER_01 13:59

Three three and one is one.

SPEAKER_12 14:03

How how many copies are there, Pam?

SPEAKER_03 14:06

I have one.

SPEAKER_12 14:06

You have one? Here's a one. Uh-huh. Yeah, there's one. Okay. We can sign at some point. You're gonna have to drop a copy or oh, I can do that one. Is that taped or can you just unclip it?

SPEAKER_07 14:25

Is this getting signed by Taunton too? Uh no.

SPEAKER_06 14:30

I wasn't figuring to put it in and see it.

SPEAKER_07 14:36

Okay, I guess the plot lines you're moving the lower name.

SPEAKER_12 14:40

Yeah. Okay. This uh Milo has to be signed with a Milo pen, which is what we all have in front of us. No way, no. We have so we ought to sign these regular. Um, you can sign the paper regular, this one has to be a Milo pen.

SPEAKER_04 14:57

Sign this one?

SPEAKER_12 14:58

So I'll, yeah, that can be regular. I'll pass the mile up and down Ryan on the ready. I heard that. Frank, you didn't take this with you later my life. Okay. Frank, is John in town or try him, see if he's around, because he's had a lot of history with the board as well with Burks and you can't do it.

SPEAKER_10 18:39

Give me a rubber band back. Okay.

SPEAKER_01 18:49

Okay.

SPEAKER_10 18:51

Okay, so run home and be number one.

Minutes Approval And Board Process

SPEAKER_12 18:57

It's true, you know. Okay. Um, next thing on the agenda is the minutes of March 19th, 2026. Now, this is gonna put the onus on someone else from now on. Burke has historically always reviewed the minutes um and edited them, so the rest of the board generally didn't have to. So what do you do in the next 34 years? So um I'd entertain a motion on the minutes.

SPEAKER_07 19:43

Approve the minutes of March 19th 2023.

ADU Zoning Amendments Hearing

SPEAKER_12 19:50

Any discussion? All in favor? Aye aye. Once again, Coastal Maureen. Okay, now the next thing on our agenda is a public hearing um for zoning amendments for an AD, you know, accessory dwelling units, ADU. So that's a new public hearing. So um we have to read it.

SPEAKER_01 20:19

They all have a copy of it.

SPEAKER_12 20:22

Do we have a copy of it? Um, okay. I mean, I got it in front of me, I can read it. Um I'm not gonna read the whole thing, but I'll read the public hearing notice. In accordance with provisions of Mass General Law, Chapter 48, Section 5, the Rainham Planning Board will hold a public hearing on Tuesday, April 16th, 2026, 6 p.m. at Rainham Veterans Memorial Town Hall, 558 South Main Street on proposed amendments to the Rainham zoning bylaws as follows. Amend Article 10 definitions by adding definitions for the following principal dwelling unit, accessory dwelling unit, short-term rental, gross floor area, manufactured home. Amend Article 6 by adding section 350-6.16 as follows. ADUs shall be permitted on all lots and residential use subject to the standards numbers 1 through 17, inclusive as fully described in the proposed bylaw. The complete text of the proposed amendments to the Rainham zoning bylaws, along with a copy of the Rainham zoning bylaws, are available for viewing at the town clerk's office and planning board office. 558 South Main Street, Rainham. During usual scheduled business hours, the Rainham Planning Board bylaws and the proposed amendments to the Rainham Zoning bylaws. Bylaws are also on the town clerk website. Any person wishing to be heard or interested in this matter should appear at the time and place designated. Rainham Planning Board, Christopher J. Gallagher, Chairman. Now, this ADU bylaw, Bob I Efredi, along with you know help from the town administrator and the rest of the planning board, put together a bylaw when this ADU came out from the state to every city and town. We put a bylaw in, we voted on it on town meeting. Certain it went to the Attorney General for approval. They striked a lot of things they thought were too restrictive, which we thought they might, but they striked a lot of things. So Mr. Iafredi put together a new ADU bylaw that simply removed a lot of the strikes and left in everything that the AG accepted. So it's really, you know, the only changes to the original voted on bylaw was the removal of everything the state made us remove. So the full bylaw, like they said, is on record. This is something that will come up at the next town meeting, I believe, in May. Um beyond the town meeting warrant for approval. Um every zoning bylaw, we're required to have a public hearing prior to town meeting, so that's what we're doing. So that's all I have to say on the matter, so I'm gonna put it out to the board members prior to going to the public. Uh Bert, do you have any discussion on that?

SPEAKER_07 23:49

Put my arms and body behind my back and happen.

SPEAKER_12 23:54

Okay. Burke didn't like the state strikes, neither did a lot of us. Brian? I'm okay with uh Pam. Matthew?

SPEAKER_02 24:05

No choice.

SPEAKER_12 24:06

No choice. That wasn't a yes or no, but that's okay. I like it better. Bob, um, anything to add? You hit it all the points that I was gonna bring up. Okay. Uh any anyone in the public there. Okay. Um there's no other discussion. I entertain a motion uh to recommend this bylaw town meeting would be the motion. As written, as read. I hear a second. A second. Any more discussion? Hearing.

Farmers Way Hotel Review And Fees

SPEAKER_10 24:45

None all in favor. I mean uh 505. We have a public hearing on farmer's way that's attended today over held. Now a couple of things.

SPEAKER_12 25:06

First, we have a uh a letter from the board of school commissioners saying basically there's some outstanding issues. Something you'll have to address, order, and sort. Um, they signed your building permit, so whatever they're asking for, you have to appease them first, but that's not in the purview of the planning board, but we're making it part of the record, and that will probably be part of a certificate of action that you have to, you know, prior to a building permit, get approval for that. There's also comments from JC Engineering. Um I had spoken to them, um, and I believe many of them have been addressed from what I understand. Um but again on a certificate of action, we'd rather hear from JC that everything is addressed. So if we were to move forward, we may or may not tonight. The only reason some of these site plans that would like to move forward is because you need a supermajority, so you need four votes. Anthony's not here tonight. So Matt can act as an associate member on special permits, which is site plans. Um with Burke still in the house, next meeting, he's not going to be here. So we'd have to defer to the applicant, but that would be the only reason to move forward if there's minor issues, if there's anything but that, it would limit it to the four of us. Myself, Pam, uh, Matthew, and Brian. So I'm just putting that out there so the applicant understands that. Anthony also has the option of reviewing tonight's meeting in any relevant material and filling out an affidavit that he did that so he can vote. So I think we're on solid ground either way we go, whether it goes tonight or it doesn't go tonight, we would have enough focus to do it. Um as far as going through each item on JC Engineering, I really don't want you to do that. I'd rather you do that with them. Um so um I know a lot of it was just clean up homework, and you know he did a pretty thorough review, and a lot of it was details, uh labeling, it was uh some clarification on quite a few things, and um so I think uh I didn't request them to be here, so I can't speak for them, but we require, um I said before, we let the engineers talk to each other so it's not brought in front of the board and we want the blessing from John Churchill and company down at JC. Um so I'm gonna ask if any of the board members have any questions on the site plan right now before the I can bring it to the applicant. This was already open, this is a second second.

SPEAKER_11 28:43

Brian, um I can't move forward unless they talk to get their sewer and water because on their plant it shows just spots on that property. They don't know where their sewer is gonna go. And also, um, I know we did it on another project. We asked for uh police and fire per acre. We did per house law, which was per acre, and I would like to see how the board feels about asking the applicant for uh so much money per acre on the project because it's gonna impact the police and fire, and that's what I would like to see. So, and I'm gonna say 10 grand per acre, and that's how I feel.

SPEAKER_12 29:48

Okay, well, we're gonna open up a discussion on that in a minute. Um I'm just gonna first see what uh Pam and Matthew have any comments that we can discuss that amongst the board. Do you have anything on the hotel uh Matthew? No, okay. Brian brought that up with just so the applicant knows, the public knows some of these bigger jobs. We've you know asked for some mitigation uh fees relative to our public safety. Um he's referring to his other projects we've done where we put a number on it and requested that the applicant be amenable to it. Um so um that was Brian's suggestion. I'm gonna poll the rest of the board on this request to see how they feel. Then we'll open it up to the applicant and see what the applicant feels. Bert, do you have any?

SPEAKER_07 30:55

I agree with Bert.

SPEAKER_12 30:59

Okay. I mean, typical on large sites like Walmart's and hotels, different things. We've done this. Um, do you have any opinion on this?

SPEAKER_04 31:08

I feel like I need to accuse myself because we know something.

SPEAKER_03 31:15

Yeah, unfortunately work at this time.

unknown 31:19

Yep.

SPEAKER_02 31:22

Um and they'll tell you you should have gone. Uh Matthew? Um I would agree with Bryant. I mean it's virtually what we duplicated on Pine Street. We got a per lot number. I think the only other quantifiable thing to use with commercial would be per acre, so that you know it would remain you know fair for any applicant that I mean work for residential, so I don't see why I wouldn't work with harder.

SPEAKER_12 31:52

And actually I tend to agree with Brian since it's an extended state, you could get a lot of traffic in there and um could have impact on fire employees. Um okay, so that's I guess how the board feels. They all agree with Brian. Um so that being said, I'd like to open it up to the applicant to see if they have a presentation. Ryan did a presentation in front of the board. Um this is a continued hearing. And I don't know where you're at on your sewer issue. Um and I believe that would be about it. There's no conservation or anything else. Okay, if the applicant or its representative could walk to the microphone, state their name and address. Um would that refuse you can vote in the area?

SPEAKER_10 33:04

Whatever you're comfortable with, yeah.

SPEAKER_04 33:06

I'm not gonna vote on I don't know that there's a way that you can vote on conditions separately. I think it's a package deal. I would imagine. Um, and if if there's any type of improvement that benefits the fire department, I will not have appearance of impropriety. There's no way that I can vote just on the plan and recuse myself on finding conditions.

SPEAKER_12 33:40

I understand anyone somebody who would interpret that as an appearance of propriety. Put yourself in that position. If that's the case saying this is his last night, that was just down to three people. If you take testimony tonight, you're not gonna have four people unless we get anything. So like a situation where we don't have an at all. It seems like this issues with the engineer had a list of uh twenty three comments. As far as we know, there's twenty-three comments. So between you two and it probably isn't, but that's what we have on the list. Um if this may get continued anyway, it may behoove you to wait till the next meeting if there's nothing major to be to present. It's up to the applicant.

SPEAKER_05 34:59

Good evening, everyone. Uh my name is Greg Heplin, 8171 uh Maple Lawn Boulevard, Fulton, Maryland. I am the applicant. Park Silver Development is my company. Um tonight I have Matt Ashley from Bowler and Jeff Dirk. Uh Jeff Dirk from uh Vaness Associates, our traffic engineer. Um we were before the board on 319. Uh we hadn't had any review comments from the third-party reviewer at that point, so the meeting was continued till tonight. Um let me let me take apart some of these issues one by one if the board allows.

SPEAKER_12 35:38

Okay, my question was do you once you start going, you're taking testimony. So our other member that is uh family issue he has. Um he has the right to look and say, I looked at all testimony and I looked at the meeting so that and he fills out an affidavit and says, yeah, we can vote. That would give us a fourth member to vote. It's a special permit, so you need a supermajority.

SPEAKER_05 36:18

I understand.

SPEAKER_12 36:19

Um so I was just making it. It's up to you if you want to do that and assume Anthony's gonna go that way. Um doesn't really matter because he's a fourth vote and he's gonna have to do that really.

SPEAKER_05 36:35

Can we clarify the issue? So you're not going to vote tonight is what you're saying, and therefore it would be continued to another meeting where you do not have the full membership on the board, and therefore I'm taking a risk and not and I need to get everybody to vote yes.

SPEAKER_12 36:57

Um Anthony, which I'm sure he would be happy to do, um you have to miss a meeting, so you're not supposed to miss a meeting and be able to. But they allow you to miss one meeting. If you have David saying all evidence, and I watched the meeting, and I feel like a vote, and now bringing it to the end. So, I mean it's odd bad for you, but it's not it's uh it's odd bad that we don't have the people. It's Burke's last meeting because there's an election coming up and we'll have it in November.

SPEAKER_05 37:38

When when would I be continuing?

SPEAKER_12 37:41

Um May the seventh. May the seventh. Oh, Anthony did? Okay. So we had third party testimony that Anthony will be in, so you will have it's as if Anthony's here tonight then. Because he's gonna review everything that we do tonight. So in other words, you can't give testimony.

SPEAKER_09 38:14

Yes, yeah.

SPEAKER_05 38:17

That that seems to be the way to go.

SPEAKER_09 38:19

Yeah, I would I would recommend you came a long way for this meeting. I did. I think you should have a chance to make your presentation.

SPEAKER_12 38:28

And as far as JC's format, so I prefer you not go through each one. I fan foon and I've been major. And I'd rather you go through with them than come back to the meeting with the letter saying everything.

SPEAKER_05 38:45

Can I can I address that real quick without giving testimony? Um we don't need to go through the letter, but uh can I ask the chairman if he's looking at the most current letter that came out today? Um no, I because that letter had de minimis comments and recommended that uh given the minor uh nature of the comments that they recommended conditional approval.

SPEAKER_09 39:07

So that's that's part of the um information I need them to bring forward. We didn't have access to computers today in town. We've been down all day long. Uh so I didn't have a chance to talk to JC, but I knew they had sent us something. Yeah. I we came Maureen and I came in early tonight to try to retrieve those emails, but we're still down, so we don't have access to that. So I think it's do you have a copy of it?

SPEAKER_12 39:33

Yes. Maybe we could make copies in because they they had told me they were gonna bring um bring something in.

SPEAKER_05 39:44

Yeah, I I think um both Matt and your engineer worked pretty hard to revise the plans and get them reviewed and get a letter out to you tonight for tonight's hearing.

SPEAKER_12 39:54

Yeah, and that was kind of at our request because we knew this was the last meeting for Burke and it's a special permit. Okay. You know, I they had told me they were gonna try to get a letter out. We didn't see it. Like Bob said we had computers down and couldn't do anything. But you're coming from Maryland and I understand that benefits. So basically, I'm gonna go through this quick then before you give any presentation. He had 23 comments. Um comments one through nine have been addressed. Um comment 10. He's got a few details to add to the plan, nothing major. Um comment 11. Um the photometric plan that needs a uh needs canopies on the lights. So you're gonna have to specify that. That's typically what we do, the shield on the lights, there's no still over. Comment 12 through 15 has been addressed. Um I think 16 is about the free board. Half of what a free board is provided. Um this was a basically the in this development, as we stated before, it was done as a whole, big development. Drainage on each site wasn't needed. We requested that drainage, you know, do the best you can because it was designed as an entire site, and from what I saw in what I talked to JC about, you went to do a zero net peak and a zero volume increase, which is more than what was required when this was done. So it's a couple things on your drainage, but um JC defers to more if any actions needed when it's more than what was required. So 16's basically been met. 17 um test bits typically we do in the drainage area. Um I think that would have to be done prior to a building permit, and that would be part of certificate of action. Um rails within 40 feet of the public way on the basin, the basin's on private property. Um the other one was just a detailed, you were supposed to detail the size of the rip wrap on the plan. So that's minor sort of six to nine-inch rip wrap or whatever the other one. Um, and then 20 through 23 have been addressed. So basically, it's all you know, and this is submitted by Brian Wallace and stamped by John Churchill. Um basically everything's been addressed, very, very minor, it can be easily addressed in the certificate approval. So thank you for pointing that out. So I I agree with you that we probably could move on with this as our engineer's stuff is all addressed. Sewer, I know Brian's uncomfortable with it, but we don't do sewer at the planning board level. That's up to you on your uh your approval to get your building. permit because you're dead in the water without it. Um the only other other issue I think is how would the board be amenable to submitigation as Brian suggested.

SPEAKER_05 44:15

I mean with the applicant rather uh quite frankly um with all candor to the board this is the first I'm hearing of this yeah it's and I don't have a number I the board member threw out a number I I don't I can't react to that unless we're negotiating over in a public forum um Brian's number was 10,000 an acre in what you said three acres two nine seven two point nine yeah say three so two nine seven so that that's out there um I don't know how you feel about it we've done it on a lot of other projects but you know I understand the pushback I wasn't prepared to negotiate this um so why don't we table it for now the whole thing and come back May 7th think about it how's that I know you but well with I it with all due respect it's not the travel thing I'm here every week or on the West Coast so it doesn't matter um but I appreciate the respect of my time and travel um it's it's more um of an issue that I have a purchase and sale agreement that I have a timeline and um so I I was hoping to get through the public process as quick as possible without having to get a purchase and sale extension uh which the sellers have been reluctant to give um so uh if at all possible it would be great to get through this tonight if the board was uh in favor of doing so. Um is this a number that I have to agree to right now or is this a number that I I look we're good citizens, we're good neighbors. I'm not looking to get through this with with nothing with giving nothing um 10,000 acres$30,000 seems like a lot of the project you'll make that no that's that's that's how I feel I mean that's how I mean you couldn't burn on the police fire once in so you're gonna have a traffic rule that's how I feel well the traffic was already planned planned unit development we're not impacting that I I police and fire I mean our taxes should take care of the bulk of that impact on or just to throw it out if we want to move we'd like to move forward and this kind of came out through Ryan.

SPEAKER_02 47:17

On the other ones we they were giving us you know mitigation of five thousand dollars per acre per lot and that would be consistent with other projects or suspend um I don't know five thousand an acre would be fifteen thousand contribution to the town yeah that's how's this commercial I can do that okay I think that's fair and it's consistent with what's been done with the other um if uh the board would be okay with that I know Brian you're shaking your head uh seventy five hundred it's commercial Chris it's not residential it's commercial okay I don't want to get involved in negotiating back and forth on all the mounts I've got a flat 2000 I'm with you with the 2000 okay work with that Brian I'm happy with that yeah yeah I mean I think that anything is where the cause I mean we got 5,000 residential lots I think I think that the largest concern to note on it with Brian's what he's saying is right next door I understand it was the state's oversight that forced the hand that turned that hotel into the extended state that just kept extending I think that that drew a lot of police and fire response to that hotel.

SPEAKER_05 49:06

We obviously hope that that would ever continue but it was a drain on you know resources so I you know I understand Brian's concern but um yeah in an effort to move it forward I think that you know the show of good faith I I'd like to go on record that um I'm contributing and agreeing to this for the benefit of the town not because our neighbors did something bad no of course I don't want to be compared with them no I hadn't taken any state money I I we haven't done that in the since the 35 years that I've been associated with this group um we're we don't behave that way it's bad business bad business I don't think the guy's ever going to make his money back on doing that that way and whatever the town suffered I I shouldn't have to pay for so I'll make the contribution to the town for the benefit of the town not because somebody was a bad actor next door.

SPEAKER_09 50:03

That isn't why I'm asking for that okay I'm asking because it's gonna put very on the police file okay well if that that's an issue we can move on with now um so it seems like all the engineering concerns have been addressed the utility issues are your issues um so we have two things to do if we're to move on we'd have to one make a motion to approve the site plan to make a motion to approve the special permit um so I think the site plan I did take a motion if you could put a site plan in front of us so maybe in front of Bert so we have a title block and is there any further discussion with the board how do you want to so it was my plan on putting together a guideline of some kind of address certificate of action which we weren't able to do today because of the challenges we have yet how do you want to handle the certificate of action if you just close the hearing and let us put certificate of action together and then vote on it next week we typically don't even vote on certificate of actions I mean we typically vote on the thing with a motion then the certificate of action gets distributed to all of us and then it gets signed.

SPEAKER_12 51:35

We don't sometimes we do and sometimes we don't we don't by rule so you vote on the certificate of action at the next hearing and you close we could because that's within the appeal period you have a 21 day appeal period and that's within that yeah yeah we can do that what I'm saying is a lot of times we just set this reaction around review it and say yeah we're all individually and then it gets signed.

SPEAKER_09 52:07

Rough graph now I have it's rough I have some thoughts in my head I have some stuff from previous certificate document has some stuff that pertains to this property.

SPEAKER_12 52:21

Well why don't we go through the motions you put it together distribute it to each of us outside the meeting and then we'll vote at it at the next meeting but give them an approval and then do that and also send the certificate of action to what do you want to do and send and send the certificate of action once we all agree on the applicant. Well you don't need to vote on a certificate of action with it's that's a simple are you closing the hearing and voting on it or you map can vote as an associate so we have the four right now we have the four without hearing so I entertain a motion that we approve the site plan which will the title will be put in front of Bert um is the the details um the minor comments on the April 16 2026 JC engineering comments be you know addressed prior to signature and then a mitigation fee of$20,000 for this be split evenly between the fire and police gets gifted to the town and anything else you might want that.

SPEAKER_07 53:59

But I know that you've been before one is that something we usually have everything mapped up certificate of action but as you know sometimes certificate action subject to talk so we'll do it that way Mr.

Chick-fil-A Site Plan And Waivers

SPEAKER_12 54:29

Chairman um when's the uh fee payable uh that building permit okay great thank you and that will be noted on the certificate of action should could we make the special permit and plan approval on the same motion site development plans february twelfth, twenty twenty six and say hotel in commerce way further revised on April fourteenth twenty twenty six years medication previously in all cases. Okay good luck thank you thank you talk to JC get everything set thank you very much and congratulations to the board member that's retiring okay the last thing on the agenda and we'd like to make this a fairly quick uh public hearing this is a continued public hearing 600 South Street West-fil-A sub plan this was basically tearing down an existing building and putting up a Chick-fil-A and again we had I don't have comments in front of me actually on this one um and I was on the phone yesterday with the reviewer Jamie Bisonet from Xenith and what he told me verbally was basically everything uh you know he had a list of comments I had previously seen and on that list similar to JC everything pretty much get knocked off except one issue he picked up on that you know there's a couple things he picked up on the previous reviewers didn't pick up on in our regs because I think it was a fresh of eyes on the set of regs. And part of it was the lighting in the drive-through and I think error in our you know my regs it it had certain amount of lumens you could have and I think the intent was those little lumens you could have to spill over not actually on your site but so it was more than eight lumens and that was about it. The drainage he had a couple things that he taking a site that's all impervious and actually creating some green area so it would reduce your runoff from what's existing. Besides that I think that was about it but again the computers were down he was supposed to forward a letter this morning he probably did he called me oh did he told me that he was okay no I know you two have been going back and forth with the review engineer and he you know he was trying to get a blessing for today so uh I had talked to him as well but I didn't get a final call like you did so um I'm gonna go to the board then if that's the case. Uh Bert do you have any issues with the Chick-fil-A Brian all I have is one question.

SPEAKER_08 1:01:34

Not in the fire department react with the enterprise can you can you just show the the uh the reconfiguration of the integrating so joint I'm saying with Bowler um so I'm here just to uh represent the the application here for this project so I'm just gonna run over and identify the restricting so this is the site entrance here off of South Street West currently there are part there are three parking spaces as soon as you enter that are you know facing Taco Bell here uh we're proposing to restrict basically remove those three spaces strike that as just pavement striping to allow anyone that's entering off cell street west to just kind of merge into that traffic so you're not facing a car department so you get rid of those three spaces are here one two three and that we'll just have to read upon and specify my suggestion to the one would be that to have a three month review of this with the fire department to see if it's working properly if it's not that the fire department can make some adjustments three months down the road and that can be this could be a action that you're adjusting right in okay the offset bracket yeah that's the only question issues with this no fire department issues.

SPEAKER_09 1:02:55

Nothing more time okay um we also we also have the traffic engineer here I don't know if she has anything to add to it tonight but we had a conversation about possible future recalibration or reconfiguration of the lights to dump the any potential traffic backup.

SPEAKER_00 1:03:19

So they were going to offer a review of that and then they would be responsible for making those adjustments with NAS highway if if it's found down the road I would say in that three month period on that light if you change has to change to move the traffic fast away from the closet at their expense at their expense can can you put that in right on a certificate of action maybe you could help off with that yeah I think so what we had suggested sorry looking from consulting um what I talked off about and I think what we were planning to suggest is in our traffic study as well is um given the intersection does need some retiming in the future and we were able to show that there's no major geometric changes, no widening, no additional turnins or things like that needed with those timing changes were able to bring the intersection back to a condition as if the project wasn't there with the traffic which operated equivalent or slightly better condition overhaul than with the project there without any adjustments and I think the applicant's willing to make a similar monetary contribution towards progressing those improvements if they're in fact needed in the future as an issue.

SPEAKER_12 1:04:39

Okay that would be the certificate of action what I'd also suggest the certificate of action is we haven't got a letter from Zenith engineering yet even though he's verbalized that everything's good that we received a letter from Zeniths have been addressed and is anything outstanding when you get to have to address it.

SPEAKER_08 1:05:04

Sure he did send obviously you didn't get that email he did send an email saying that he that he was content with the review and his only request was that we submit a final set of site plans that contain all the revisions that we didn't discuss. So just file from reshare the email too with the language that Maureen was just mentioned too yeah apologize we should have all the information for the meeting but we'll just cut off guard today with the TMLP first is uh you need to vote on their waivers on this is there a list of the waivers anywhere are they on the language I'll I'll read quick this top one was just added in Jimmy's response his last response okay this so it's just this front page Correct. Yeah, the remains.

SPEAKER_12 1:06:02

We'll just email change. Okay, I'm gonna read the waivers. Um and if anyone has an issue, stop me. Um first one is section 4.2. Um requires location, name of all streets within 300 feet. Uh the request a waiver because the project scopes limited to the existing plaza or an existing building. Section 5.1.2, three-foot landscape strip along the foundation walls requesting a waiver. Um they can't achieve the strip as release requirements. The drive aisle of backing so you can't fit the strip there and reach out and pitch a chicken. Um 5.2.5. All luminary lighting fixtures restricted to a maximum foot handle of 8.0 initial is measured directly below the fixture grade. Um I had discussed this with Jamie, he picked it up and the first engineer to pick that up in a review, so he actually did thoroughly read through our rights. Um the lighting is that's this is has to do with the canopy under the drive-thru being blue. Uh 5.6.2 wheel stops for parking that are bus walkways. Labor of wheel stops can be trip hazards and people walk into the building. The plants call for vollets along the sidewalks and lower wheel stops. 5.6 volleys shall be placed along the sides of the building. It's supposed to be thickly of traffic. Uh requests away from this volleyball's aren't going to be along the drive-through instead of the short containing wall. Uh 6.51. No parking area shall be closer than 7.5 feet from the building wall. Requesting a waiver from that. Um 6.54B. Fully parking requirements requesting a waiver from that. Um their initial site also is part of the entire parking lot, and the project has a net increase of two parking spaces over what's already there. So those are one, two, three, four, five, six, seven waivers.

SPEAKER_08 1:08:38

I then contain motion that those be granted as red. If I could just interrupt, there's one at the very top is 4.12 just regarding building block coverage. That was building block coverage.

SPEAKER_12 1:08:52

I don't think that really applies, but we could put that in, but I don't think it applies in off shaking as head because you're an existing grandfather, you're actually reducing decreasing your coverage. So your existing non-conforming becoming less non-conforming.

SPEAKER_11 1:09:30

Second, any discussion.

SPEAKER_12 1:09:46

The other would be approval of granting the special permit. So I think if you could pull the plan and point out the latest revision date in front of Burke, so you should read it. We have nothing at our next home county meetings.

SPEAKER_07 1:10:23

I make a motion that we accept the site plan here by Boeder of Westboro, Massachusetts, Bowler Engineering.

SPEAKER_02 1:11:00

Would you like me to vote on this or do you need more?

SPEAKER_12 1:11:04

Um I would like you to vote on it, actually. I should have stated at the beginning.

SPEAKER_02 1:11:15

No, thank you.

SPEAKER_12 1:11:17

Okay. Um no further any further discussion?

SPEAKER_10 1:11:20

All in favor? Aye. Aye unanimous.

SPEAKER_12 1:11:27

We voted on the waivers. That was unanimous. And then I'd entertain a motion to grant a special permit to delay site plan. Second. Second and discussion. All in favor? Aye. Aye. Okay. Good luck. Thank you very much. Two bowlers in one night. Were that two different offices for the bowl?

SPEAKER_08 1:12:01

Just the same, yeah. We we have both offices, but we're both.

Updates And Meeting Close

SPEAKER_12 1:12:04

We have both Westboro. Okay. Um invoices, bills we paid. No old business, new business, project review, account, closing. Uh correspondence, I don't see any. Uh planning, coordinator, update.

SPEAKER_09 1:12:22

Do you have anything for us for we don't have much coming up so far this summer? So I did have a free submission meeting with uh a company that's going to buy the old uh pancake house. I want to put a tunnel car wash in there, so that'll be our fourth car wash Maureen. Um so that may be, I'm not sure if they've reached out to you or not, Maureen. But we I don't think we have anything else that's uh been submitted. Uh so yes, it looks like a quiet couple of months ahead of us. Okay.

SPEAKER_12 1:12:57

Pam, anything from SERPET? Okay, uh, no plans to be signed, Maureen.

SPEAKER_09 1:13:06

Sorry, speaking of SERPID, if I may.

SPEAKER_12 1:13:08

Yeah.

SPEAKER_09 1:13:09

Shouldn't give me a microphone.

SPEAKER_12 1:13:11

You're not a SERP rep, but okay.

SPEAKER_09 1:13:14

Uh we are gonna um reconvene with uh SERPED to try to finalize that overlay district. And so many people are gonna enjoy this and you know, reading about on 138. So hopefully that'll happen during the summer and we'll have it ready for the fall.

SPEAKER_12 1:13:28

This will be interesting. We'll have a new member, Frank Winslow. Wonderful guy who I've known for a while. I think it'll be months before he even attends a meeting. We're going like this. Um I guess if that's the case, I'd entertain emotion to a journal.