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Raynham, Massachusetts.  Incorporated 1731

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Planning Board Minutes January 20, 2011
The Raynham Planning Board held a regular meeting on January 20, 2011, at Raynham Veterans' Memorial Town Hall.

Board members present:  Daniel Andrade, Burke Fountain, Chris Gallagher, Russell Driscoll (6:17 p.m.), Henry Ellis (6:25 p.m.)

Staff present: Marilyn Whalley, Town Planner; Maureen McKenney, Administrative Assistant; John Schmid, Nitsch Engineering

6:09 p.m. Mr. Andrade opened the meeting.

6:10 p.m. - Form A – Judson Street – Brian Grady, P.E., GAF Engineering, presented a Form A plan for land on Judson Street.  Mr. Grady explained the plan creates two lots, Lot 1 having 2.24 acres and the remaining land having 3.23 acres.

Board members discussed if the land designated on the plan as “remaining land” should be renamed Lot 2. After discussion, it was agreed to leave the plan as presented. Mr. Gallagher moved to approve the ANR plan entitled “Division of Land 684 Judson Street Raynham, MA Prepared for Louis Pacheco (executor) Justin Schryver (applicant),”dated January 6, 2011, prepared by GAF Engineering, Wareham, MA; second by Mr. Fountain; motion passed by unanimous vote (3-0).  The plan was signed.

6:18 p. m. - Awais Farms definitive subdivision plan public hearing was reconvened. Nyles Zager, P.E., Outback Engineering, presented the plan.  Project review correspondence dated January 19, 2011 was received from Nitsch Engineering.

Mr. Andrade informed those present that Town Counsel advised that a variance previously granted on the property was now null and void. Mrs. Whalley noted Town Counsel had agreed with applicant's attorney that there were no longer restrictions on the property. Mr. Fountain explained the property has been vacant for three or four years and six lots are now proposed for the site. Copy of e-mail from Marc Antine to Mrs. Whalley was received.

Mr. Andrade stated the Board will not be getting into the legal issue but that residents may speak and ask questions at the hearing.

Mr. Zager reviewed the proposed plan, noting it consists of six lots on 12 acres; wetlands are to the rear and easterly side of the property; a Notice of Intent was filed with Conservation Commission; and the plans are still being revised to accommodate the Highway Superintendent's concerns.

John Schmid, Nitsch Engineering, informed the Board he reviewed the plan and except for the five waiver requests, it meets the subdivision rules and regulations including granite curbing, pavement width, street trees, right-of-way widths, and it is designed in compliance with storm water management regulations.  He explained that Mr. Stolte's concerns are being mitigated.  Copy of e-mail from Roger Stolte was received.

Mr. Schmid explained Bridge Street has an open drainage system and catch basins are being provided at the intersection to alleviate ponding or puddling in the Bridge Street area.  Mr. Schmid discussed the stormwater treatment.  He noted the proposed road elevation is about 4 feet higher than existing conditions. He stated there should be no ponding in the back area of the site.  Elevations were discussed.

Mr. Gallagher asked if the basin outfall could be moved; Mr. Zager explained it could not be moved.  The detention basin was discussed.

Mr. Schmid noted there will be a 4-foot gate as required by regulations and requested by the fire department. The type of fencing was discussed. Mr. Schmid suggested a tight-weaved fenced could be installed.

Location of the houses on the lots was discussed.  It was noted the wetland line was delineated in 2005 and has been accepted by Conservation Commission.

The extent and the location of the sidewalk were discussed.  Mr. Ellis noted the policy is to bring the sidewalk around the cul-de-sac.

Mr. Schmid discussed the waiver requests as outlined in his correspondence.

It was agreed the Board should require an as-built plan of the ductile iron drain pipe throughout the installation process to determine that it is installed correctly.

It was noted soil tests were done for location of the houses on the lots. Mr. Zager informed the Board he is a soil evaluator.

Letter dated January 20, 2011 from North Raynham Water District was discussed.  Mr. Zager said they will be doing studies and a pressure test to determine any issues.

Mr. Gallagher noted the plan will be subject to new sewer department fees.

The requested sidewalk waiver was discussed.  Mr. Schmid asked that if the request is approved, he would like the opportunity to make sure all items are addressed.  Mr. Ellis suggested putting the sidewalk on Martha Way; Board member agreed.

Mr. Fountain asked about the type of soil on site. Mr. Schmid noted soil tests were done and additional tests have been requested and will be reviewed.  Mr. Gallagher said the soils in the area were bad years ago. Mr. Schmid has requested a second test hole and monitoring wells to determine the water table.  Mr. Zager explained the tests he conducted.  

Mr. Schmid discussed the requested waiver from having catch basins in the cul-de-sac. Mr. Fountain noted it sounded like the road has to be carefully built; Mr. Schmid stated it is sensitive construction

Letter dated January 5, 2011 from Raynham fire department was received. Mrs. Whalley noted the fire department was concerned about possible spills from construction vehicles, and they were concerned about protocol in case of a spill. Mr. Zager noted protocol would be to call the fire department and the DEP in event of spills. He stated there is a general note on the plan on this matter. Mr. Schmid said he will look into this.

Mr. Gallagher stated he wants the Board to reserve the right to have Mr. Schmid witness future soil tests. Mr. Fountain questioned if an engineer should be on site if the construction will be sensitive. Mr. Schmid explained they normally observe construction at certain milestones.  Board members and Mr. Zager agreed more than the usual may be needed.  It was agreed pipe installation should be observed by Nitsch.

Mr. Andrade asked if members of the public had comments. Joe Cardoso, 42 Bridge Street, addressed the Board and spoke about the issue of flooding, noting his property floods from April to June. He said he is concerned because his property will be four feet lower than the proposed road. Mr. Schmid explained how the drainage will work. Mr. Gallagher suggested adding a manhole to help and Mr. Zager agreed to look into it.  Mr. Andrade requested that Mr. Schmid review the plan for the changes the Board requires.

Mr. Cardoso disagreed that the plan will work, and he explained how the water ponds and stays at the low point now. Mr. Schmid explained the plan will ensure that no additional water flows onto Mr. Cardoso’s property and may improve conditions. It was noted the granite curbing will help keep water from going onto the Cardoso property.  Location of the sidewalk was discussed.  Mr. Schmid noted the Board could consider waiving the sidewalks; the Board agreed to discuss it further.

Mr. Cardoso discussed his concern that a tree and marker at the corner of his property will be taken out. Mr. Zager explained the markers are being replaced with concrete bounds.  The Board discussed adding tree flagging and inspection requirement to the plan.  It was agreed a no-cut area near the trees will be considered.  Mr. Schmid noted final location of the trees is determined at a later time during construction.

Mr. Cardoso expressed concern with rodents when the building on site is demolished. Mr. Andrade stated the building department will require pest control.

Mr. Schmid addressed the issue of dust control during construction, noting the lots will not be cleared until they are built upon and the plan delineates the limits of disturbance. It was agreed the extent of clearing will be added to the plan. A fence was suggested but Mr. Zager noted fencing may be an issue with Natural Heritage.

Nadine Bradshaw, 54 Bridge Street, addressed the Board, informing that she has lived at the property for 30 years and there has been water since day one and sump pumps are needed to deal with the problem. She presented pictures of her property.  Mrs. Bradshaw said the area has major water issues and it is not logical that the plan will work with the type of soil in the area.

Mr. Andrade noted that water tables now need to be identified, something not done in the past. He stated the Board must determine that the proposed plan does not increase any problems and that the plan will not make the situation worse. Mrs. Bradshaw noted that things on paper do not always work in practice.

Mr. Fountain stated the Town's engineer and the applicant's engineer have both said the project will work. He suggested the group of residents could hire an engineer together to review the plan and determine how the plan will not work.

Mrs. Bradshaw noted the Board of Appeals variance decision has language stating there will be no subdivision of the land “ad infinitum.” Mr. Andrade stated Town Counsel has advised the variance is now null and void. He stated the legal issue is not for the Board to decide but the matter can be appealed. He noted the Board relies on the engineers' input and they put their licenses on the line when they say a design will work.

Mr. Gallagher said there is sufficient grade for a swale on the Bradshaw property. Nyles Zager and John Schmid both agreed with Mr. Gallagher.  In response to a question from Doug Bradshaw, Bridge Street, John Schmid explained that a swale is a shallow ditch used to transfer water at grade. Location of a swale was discussed.

Mr. Andrade noted the Board has rules and regs to enforce and if residents document increases in water flow, they can return to the Board.
Mrs. Bradshaw asked if the Board has discretion in the waivers. Mr. Gallagher said the Board does have discretion on the waivers.  He noted design-wise, the plan looks like it works if everything shown is accurate along with the proposed modifications.  

Mrs. Bradshaw asked if the abutters can be present for the soil sample tests; Mr. Gallagher stated only if the property owner approves.

Frank Ciliberto, 66 Bridge Street, addressed the Board. He stated he has spent 34 years fighting water problems on his property. He noted he had trouble installing a sump pump because of the water but he has installed French drains. He noted he also has septic problems due to the water. Mr. Ciliberto stated the water problems increased when sewer was installed and the road is now caving in.

Mr. Schmid noted there will be dry wells on the lots to catch runoff.~ Mr. Ciliberto discussed his concern that water will be coming into his yard and water in the detention pond will build up.~ He noted the water problems prohibit him from living in the first floor of his raised ranch and Bridge Street is caving in from the water.

Mr. Gallagher explained the problem is groundwater and the plan will not be affecting the groundwater. Mr. Andrade said the highway and sewer departments should address the road problems.~

Mr. Schmid stated he will ask for a drainage study in order to make sure the problems will not be worse and he will do additional test holes for the water table.~ Mr. Zager noted they will need homeowners’ permission to go onto properties to conduct detailed surveys.

It was agreed to continue the public hearing in order to get the additional information needed.

Fred Shute, Prospect Hill Street, questioned how to appeal the plan.~ Mr. Ellis advised an appeal can be done after the Board makes their decision. ~Board members advised the residents that an engineer and attorney could both be consulted for advice on the matter.

During discussion, it was noted the actual location of the houses can change from where it is now shown on the plan when a building permit is obtained.

The public hearing was continued to March 17, 2011, 6:15 p. m.

7:55 p. m. – General Business:~ minutes of January 6, 2011 were received.~ Mr. Fountain moved to waive the reading and approve as submitted; second by Mr. Ellis; motion passed by unanimous vote (5-0).

Henry Ellis and Chris Gallagher left the meeting.

7:56 p. m. – Mastria/Ramson Woods preliminary plan public hearing was reconvened. Request for continuance was received from Paul Patneaude, P.E., Earth Services Corp.~ Mr. Andrade moved to continue the hearing to February 3, 2011, 6:45 p.m.; second by Mr. Fountain; motion passed 3-0.~ Board members signed the continuance request.

7:58 p. m. – Berry Hill Adult Retirement Community (ARC) – Frank Gallagher, P. E., Foxborough, MA, presented the plan for a minor modification.  Correspondence dated January 17, 2011 was received from Frank Gallagher, P. E.  Project review correspondence dated January 19, 2011 was received from Nitsch Engineering.  Frank Gallagher informed the Board he resubmitted the original calculations to Nitsch Engineering and John Schmid is now satisfied that the impervious area is being reduced by the modified plan.  Mr. Gallagher noted the drywells shown on the original plan were never considered in the original calculations.

John Schmid was present and he advised the Board there should be a condition of approval that no new driveway openings be at the catch basins.  After discussion, it was agreed that driveways near the catch basin can be moved.~ It was also noted the driveways will be 12 feet wide, enough for one car only.

Mr. Schmid advised that no trees should be within 10 feet of the driveways.

The remaining items on Mr. Schmid’s correspondence were reviewed.

Mr. Fountain moved to approve the minor plan modification as stated in the January 19, 2011 letter from Nitsch Engineering subject to a certificate of action being prepared by applicant and approved and signed at the next meeting, with conditions as noted in the Nitsch letter; second by Mr. Andrade; motion passed 3-0.

General Business:~ The Board and Mr. Schmid agreed that Nitsch Engineering in the future will indicate on their review correspondence what, if any, comments on a project have been received from other Town boards and departments.

Town Planner Update: Mrs. Whalley advised that the Selectmen will not need the Planning Board's portion of SRPEDD technical assistance time. Mrs. Whalley will contact SRPEDD to discuss uses of the time and she will be working with the Building Commissioner on amending the sign by-laws.

General Business: Mr. Andrade discussed the idea of the Planning Board and other Town Boards holding a public meeting at the Raynham Library as a way to connect with members of the public. Mr. Andrade noted the library is important to the Town.  The Board was agreeable to the idea. The office will work to coordinate.

8:13 p. m. - Carriage Hill Estates: Letter dated January 5, 2011 was received from Charles A. Young III, Attorney for Norwood Cooperative Bank, requesting reduction of the tripartite agreement being held for Carriage Hill, Phase I.  Mrs. Whalley recommended holding back funds for the trees.  During discussion, the following was noted: the unpaved portion of Phase I will be finished during Phase II; the original developer was not involved in completing Phase I, leaving only two of the original three parties in the agreement involved in finishing the road; there is no bond yet on Phase II and no lots have been released.

It was agreed a value for the trees in Phase I will be needed, and the line between Phase II and the accepted portion of Phase I must be determined. Mr. Fountain moved to take the matter of releasing the tripartite agreement under advisement; second by Mr. Driscoll; motion passed by unanimous vote (3-0).

There was no further business and the meeting adjourned at 8:24 p. m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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