Town of Raynham, MA - Planning Board Minutes February 9, 2006

The Raynham Planning Board held its regularly scheduled meeting on Thursday, February 9, 2006, at Raynham Town Hall.~ Vice-Chairman Burke Fountain opened the meeting at 6:35 p.m. with Chris Gallagher and Henry Ellis present.~ Also present were Town Planner Richard McCarthy, John Schmid of Judith Nitsch Engineering (JNEI) and Administrative Assistant Maureen McKenney.~

6:35 p.m. - Joseph Arruda, Raynham, MA, appeared before the Board to discuss Byron's Way subdivision plan (3 lots located off Robinson Street).~ Mr. Arruda noted he recently became involved in the project and was before the Board tonight on behalf of the applicants and owners, the Byrons.~ Mr. Arruda explained the subdivision was designed and approved to become a Town roadway but it has been determined the subdivision will not fit well into the neighborhood if it is built as planned.~ He proposed the curbing and sidewalks be eliminated from the plan and the subdivision be constructed as a private “glorified driveway” rather than as a Town road because it would be more aesthetically pleasing to the neighborhood.~ (Mr. Canto arrived.)

Mr. Fountain informed Mr. Arruda that at the time of approval the Board informed the applicants only one house would be allowed if no roadway was constructed and if the applicants wanted more than one house, they would have to construct a roadway.

During discussion with Mr. Arruda, it was noted that common driveways are not allowed in Raynham.~ Mr. Arruda noted the applicants have spent $50,000 to date having their plan approved and he asked the Board's consideration to allow the plan to be modified to a more aesthetically appealing driveway rather than the road.

Mr. Canto noted all the issues, including poor water table, were discussed at subdivision approval and the applicants felt the plan they presented was good and they proceeded with it.~~ Mr. Arruda explained he is asking to lower the roadway elevation, eliminate the sidewalks and to use drainage piping rather than swales.~ Mr. Canto stated he would agree to the new plan only if a homeowner's association is established and approved by Town Counsel.~ Mr. Ellis agreed with Mr. Canto.

Mr. Fountain noted that previously the applicants of Byron's Way did not want to lose a lot in order to accommodate a better plan and now they want to change the plan and still have all their lots.~ He noted that if the plan were reduced to one lot, the applicants could do as they wanted.~

There was discussion regarding reduction of the filing fee if the approved plan is revised.~ It was agreed Mr. McCarthy will inquire if the fee can be refunded at this point in time.~ The Board agreed to consider the matter further, and Mr. Gallagher suggested the applicant return to the Board with a modified plan showing a driveway with a cross-section.

7:05 p.m. - Mike Thiel appeared before the Board and requested a reduction of the surety bond for Finch Farm condominium site plan (off Leonard Street).~ During discussion, it was noted there is in excess of $30,000 being held as surety.~ Construction Cost Estimate, dated November 28,~2005 was received from JNEI.~ After discussion, motion was made that upon receipt of a check in the amount of $888.00 for project review fees, the performance bond for Finch Farm condominiums will be reduced to $6,000; motion seconded; motion passed by unanimous vote.~ Mr. McCarthy asked if one more site inspection could be done; Mr. Thiel agreed to that.~

7:12 p.m. - Public hearing for Route 44 Gas/Delaney site plan was reconvened.~ Request for continuance was received from applicant Bo Delaney, Delaney Group, Inc.~ Time-to-act was extended to March 31, 2006.~ Mr. Canto noted he will not be voting on this project because he has a conflict of interest with regard to the abutter who may grant Mr. Delaney an easement for the plan.~ After discussion, the public hearing was continued to March 9, 2006, 7 p.m.

7:13 p.m. - Public hearing for North Light Realty Trust, 1555 New State Highway, was reconvened.~ Request for continuance was received from applicant Vittorio Artiano, Jr.~ Time-to-act was continued to March 23, 2006.~ After discussion, the public hearing was continued to March 9, 2006, 7 p.m.

7:17 p.m. - Public hearing for Rte. 44 Toyota parking lot expansion was reconvened.~ Letter dated February 8, 2006 was received from Thomas Pozerski, P.E., Hayward-Boynton & Williams.~ Mr. Pozerski's letter informed the Board the applicant wished to withdraw the site plan application.~ Board members approved the request to withdraw the plan.

7:18 p.m. - Ronald Turowetz and Thomas Armitage, Finch Farm, LLC/QBI Homes, appeared before the Board to request a bond reduction for Finch Farm I subdivision.~ Mr. Turowetz requested a letter be sent to his bank to reduce the surety amount held by the tripartite agreement.~

Mr. Turowetz submitted a letter dated February 8, 2006, requesting minor modification at Finch Farm to include planting circles.~ He explained he will be keeping the islands in the subdivision but will need a minor modification to do so.~ John Schmid informed the Board he has no issues with the request and he said Roger Stolte is agreeable to the request also.~ Motion was made to accept the minor modification as requested in the February 8, 2006 letter; motion seconded; motion passed by unanimous vote.

Construction Cost Estimate, dated January 16, 2006, was received from JNEI, establishing a total amount of $402,609 for completion of Phase I and Phase II of Finch Farm.~ Mr. Turowetz informed the Board he wants to exchange the tripartite agreement for a cash passbook.~ After discussion, he agreed to contact his bank to determine the language needed for the exchange.~ Mr. Turowetz was then informed that $17,000 is due the project review account for outstanding and future invoices.~ After discussion, motion was made that upon receipt of two separate checks, one each for $402,609 and $17,000, the Board will release their interest in the tripartite agreement; motion seconded; motion passed by unanimous vote.

7:35 p.m. - Ronald Turowetz and Thomas Armitage appeared before the Board regarding Forge Knoll subdivision/Pamela Way (located off South Main Street).~ Letter dated February 8, 2006 was received from Ronald Turowetz requesting waiver for installation of planting areas in Pamela Way road layout due to lack of radius for truck turns.~ After discussion, motion was made to accept as a minor modification to the approved subdivision plan the February 8, 2006 request to not construct planting areas at Pamela's Way and to allow the minor modification; motion seconded; motion passed by unanimous vote.

7:38 p.m. - Ronald Turowetz and Thomas Armitage appeared before the Board to request a bond reduction for Forge Knoll subdivision/Pamela's Way.~ Construction Cost Estimate, dated January 9, 2006, was received from JNEI, establishing a surety amount of $70,339.~ After discussion, motion was made to release all funds over the amount of $70,339 being held for Forge Knoll/Pamela's Way; motion seconded; motion passed by unanimous vote.

7:40 p.m. - Public hearing for Step By Step Learning Daycare School (to be located on Paramount Drive) site plan was opened.~ Mr. Gallagher noted he will be abstaining from the vote due to conflict.~ Mr. Gallagher read the hearing notice.~ Letter dated~February 6, 2006 was received from JNEI.~ Tony Esposito, P.E., Outback Engineering, Inc., appeared before the Board and explained the proposed plan, noting the following: the building will be 60 ft. by 112 ft.; the site is 1.7 acres with no wetlands; a circular drive with one-way traffic is proposed; roof drainage mitigation is proposed; drywell for recharge is proposed; dumpster is shown on plan; landscaping is proposed.~ Mr. Esposito noted that for safety reasons, the applicant has concerns with providing a stockade fence at the rear of the fence and instead prefers to use plantings.~ Discussion followed about the need for a fence.~ Applicant Ann Marie Draper explained a stockade fence would obstruct the view of the rear of the lot and she preferred not to have the fence.~ She noted the site is well supervised by her and the teachers.~ After discussion, Board members agreed the police chief should be consulted on the matter.

Waiver requests were discussed.~ Mr. Schmid noted the drainage waiver from Section 5.3 is no longer needed.~ Tree caliper was discussed.~ Signage was discussed.~ Mr. Schmid recommended the police chief be consulted regarding the need for a flashing sign on Paramount Drive warning drivers of the daycare/school.~ Mr. Esposito agreed to consult with the police chief regarding the signage and the fence issues.~ After discussion, motion was made to approve the requested waivers from Sections 4.15; 4.19; 4.22; 5.6.2; 5.6.4; 5.7.1; 5.7.2; and 5.9.9; motion seconded; motion to approve the waiver requests passed by unanimous vote.

After discussion, motion was made to approve with conditions the site plan entitled "Learning Step By Step, A Proposed Day School Development In Raynham, Massachusetts," prepared by Outback Engineering, Inc., Middleborough, MA, dated December 2, 2005, last revised February 8, 2006; motion seconded.~ Conditions of approval were discussed.~ Conditions for signage, fencing, parking and landscaping were discussed.~ Vote was taken on motion previously made and seconded; motion to approve the plan passed three in favor and Mr. Gallagher abstained.~

8:40 p.m. - Richard Keller, P.E., Hayward-Boynton & Williams, appeared before the Board with a proposed minor modification for Mastria Nissan, Route 44, site plan, as shown on the plan entitled "Mastria Buick, Pontiac, GMC, Truck Co., Inc. 1525 New State Highway Raynham, MA 02767," dated January 25, 2006, prepared by Hayward-Boynton & Williams.~ Memo dated February 8, 2006 was received from JNEI.~ Mr. Keller explained the proposed modification, noting the building size is being increased at the request of Nissan.~ During discussion it was noted parking requirements are being met and there is very little change to drainage at the site.~ After discussion, motion was made to approve the plan submitted by Mastria Nissan as a minor modification; motion seconded; motion passed by unanimous vote.~ Certificate of Action will be issued.~~~~

Letter dated February 1, 2006 was received from Town Administrator Randall Buckner requesting recommendation from the Board on the acceptance of Everett Drive (Locust Woods) as a Town way.~ Mr. McCarthy informed the Board all issues cited by JNEI have been corrected.~ Motion was made to recommend acceptance of Everett Drive as a Town way; motion seconded; motion passed by unanimous vote.

Letter dated~February 9, 2006, was received from~Field Engineering, Inc., requesting the Board waive the consultant project review for 2 Richard Street site plan.~ After discussion, the Board agreed they will make a decision on the request after Mr. Gallagher and Mr. Schmid review the plan.

Letter dated February 9, 2006 was received from Town Planner Richard McCarthy regarding screening not yet planted at 292 South Street West/George Bumila, Jr., property.~ Board members agreed Mr. Bumila should be asked to attend a Board meeting to discuss the matter.

Letter dated February 9, 2006 was received from Town Planner Richard McCarthy regarding acceptance of Everett Drive and requesting the Board approve a change in the planned use of funds submitted from 290 Broadway site plan.~ After discussion motion was made and seconded to approve of the change of use of the funds as requested; motion passed by unanimous vote.