SPECIAL TOWN MEETING
TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
May 17, 2004
To either of the Constables of the Town of Raynham, in the County of Bristol,
IN THE NAME OF The Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet at the Raynham Middle School Auditorium in said Raynham on Monday, the 17th day of May, at 6:45 in the evening, then and there to act on the following Articles:
ARTICLE 1. To see if the Town will vote to transfer from Free Cash the sum of $11,000 for the purpose of replacing both hanging heating units in the Highway Department garage, or take any action relative thereto. Note: Both units are the original-heating units installed when the building was constructed and now have cracked heat exchangers.
ARTICLE 2. To see if the Town will vote to transfer $18,000.00 from the FY2004 Highway Wage Account for the purpose of purchasing two 11-foot, power angle plows to replace the one-way plows on two of the main sanding units, or take any action relative thereto. Note: This appropriation is sought to increase efficiency and decrease driver stress in long snow events. (Submitted by the Highway Department)
ARTICLE 3. To see if the Town will vote to transfer from free cash the sum of $15,000 to the Highway Operations Account for the purpose of covering unexpected expenses related to repair work on heavy equipment, or take any action relative thereto.
ARTICLE 4. To see if the Town will vote to transfer from free cash the sum of $13,300 for the first phase of a major upgrade to the Police Department Computer System, or take any action relative thereto.
ARTICLE 5. To see if the Town will vote to transfer from free cash the sum of $4,200 for the purchase of a new oil burner for the Park and Recreation Department Office Building, or take any action relative thereto.
ARTICLE 6. To see if the Town will vote to transfer from Overlay Surplus the sum of $7,500 for payment of the FY 2005 contract amount to Appraisal Consultants of New England, Inc. for the installation and maintenance fee for the conversion of existing CAMA system, or take any action relative thereto. (Submitted by the Board of Assessors)
ARTICLE 7. To see if the Town will vote to transfer from Overlay Surplus the sum of $9,500 for the payment of the FY 2005 contract amount to Appraisal Consultants of New England, Inc. for the sketching and data entry in the CAMAPRO 5.0 system, or take any action relative thereto. (Submitted by the Board of Assessors)
ARTICLE 8. To see if the Town will vote to transfer from Overlay Surplus the sum of $6,000 for the payment of the FY 2005 contract amount to Appraisal Consultants of New England, Inc. for digital photography of all real property buildings; or take any action relative thereto. (Submitted by the Board of Assessors)
ARTICLE 9. To see if the Town will vote to transfer from Free Cash the sum of $3,663.68 to the Fire Detail Revolving Account, for amounts outstanding that are being written off as not collectable, or take any action relative thereto.
ARTICLE 10. To see if the Town will vote to transfer from Free Cash the sum of $11,948.58 to the Police Detail Revolving Account, for amounts outstanding that are being written off as not collectable, or take any action relative thereto.
ARTICLE 11. To see if the Town will vote to transfer $3,614 from the Stablization Account established for the payment of existing or future sewer debt to supplement Article 12 of the 2003 Annual Town Meeting, or take any action relative thereto.
ARTICLE 12. To see if the Town will vote to transfer from Free Cash the sum of $1,493 to pay the clothing allowance of two police officers from a previous fiscal year in accordance with the contract, or take any action relative thereto.
ARTICLE 13. To see if the Town will vote to transfer from Free Cash the sum of $10,000 to the Finance Committee’s Reserve Fund, or take any action relative thereto.
ARTICLE 14. To see if the Town will vote to accept as a gift the parcel of land identified as Map 14, Lot 203 on Orchard Street owned by Paramount Development Associates, Inc., or take any action relative thereto.
ARTICLE 15. To see if the Town will vote to accept as a gift the parcel of land identified as Map 14, Lot 204 on Orchard Street owned by Paramount Development Associates, Inc., or take any action relative thereto.
ARTICLE 16. To see if the Town will vote to approve the Tax Increment Financing Plan and Agreement for a facility for Lowe’s Home Centers, Inc., a North Carolina corporation, at a site off of Route 44, Raynham, MA, as part of an Exceptional Opportunity for increased economic development. The facility will be located on parcels identified as Assessor’s Map 15, Lots 148 & 148A. Said Agreement shall be considered in return for retention and expansion of said business in the Town and a subsequent increase in the assessed value of the property based on improvements to said property by said business. Said Agreement will provide for an exemption of property taxes or a percentage thereof based on said growth increment in assessed valuation of the property according to the requirements of M.G.L. Chapter 23A, Section 3E; Chapter 40, Section 59, and Chapter 59, Section 5, Clause 51; and pursuant to the provisions of 751 CMR 11.04 (1) (b) and 402 CMR 2.18. A copy of said Agreement is on file with the Town Clerk; or take any action relative thereto.
ARTICLE 17. To see if the Town will vote to transfer from Free Cash the sum of $20,000 to the Bridgewater-Raynham Regional School District for payment of a bill from Symmes, Maini & McKee Associates regarding an architectural study for the LaLiberte/Merrill School Renovation projects, or take any action relative thereto.
ARTICLE 18. To see if the Town will vote to transfer from free cash the sum of $5,000 for Tax Title Expenses and Tax Possession Expenses, or take any action relative thereto.
ARTICLE 19. To see if the Town will vote to authorize the Board of Selectmen to settle a claim against the Town brought by Gregory R. Strachoff and Anna P. Strachoff in the amount of $5,500 and to transfer from free cash the sum of $5,500 to pay such claim, or take any action relative thereto.
ARTICLE 20. To see if the Town will vote to transfer the sum of $25,000 from the Police Communications Account to pay the medical bills for an injured officer over and above the Town’s medical insurance coverage, or take any action relative thereto.
ARTICLE 21. To see if the town will vote to amend Article Four, Section 4.9, the Zoning By-Laws of the Town of Raynham by deleting “Reserved for Future Use” and insert as follows:
4.9 PERMITTED USES: OFFICE DEVELOPMENT DISTRICT
(a) An Office Development District shall encourage a wide range of manufacturing, research, office, and other uses which can be built and operated with a minimum of noise, smoke, odor, traffic, and other nuisances, and which do not create adverse impacts upon adjacent uses. Any use permitted in the Business District, Industrial District, Residential A, B, C, D District, and Farm & Forest District is not allowed in the Office Development District unless enumerated in Section 4.9 specifically.
(b) Office or office park
(c) Research & development or engineering business
(d) Light industry
(f) Municipal use
(g) Agricultural uses including nurseries; or take any action relative thereto.
ARTICLE 22. To see if the town will vote to amend Article Six: Regulations, by adding a new section 6.11, as follows:
6.11.0 OFFICE DEVELOPMENT DISTRICT Developments shall be permitted in the Office Development District only upon issuance of Site Plan Approval by the Planning Board.
6.11.01 GENERAL DESCRIPTION Office Development Districts shall mean a development constructed on a lot or lots under single ownership at the time of application, planned and developed as an integral unit, and consisting primarily of office and light industrial use.
6.11.02 PURPOSES The purpose of the Office Development District development regulations in this Section shall include the following:
(a). To promote highway traffic safety and protect the capability of state and local roads to conduct traffic smoothly and efficiently;
(b). To promote attractive and viable commercial development and expand the commercial tax base of the Town;
(c). To protect the rural character, aesthetic visual qualities and property values of the Town and neighboring properties;
(d). To discourage unlimited commercial “strip development” and curb cuts along highways, and encourage commercial growth in nodes and clusters, and to promote shared access and egress.
6.11.03 GENERAL PROVISION All lots and improvements in an Office Development District shall be governed by this Section 6.11. If there is any conflict between Section 6.11 and other requirements of this By-Law, the provisions of this Section 6.11 shall control. Additionally, any development in this district must also meet the following performance standards:
(a) Lighting - No areas shall be floodlit. Lighting fixtures higher than twenty feet shall not illuminate drives and parking areas. Lighting fixtures higher than fifteen (15) feet shall not illuminate sidewalks. All lighting fixtures shall be shielded to have a total cutoff of all light at less than ninety (90) degrees. The total cutoff of all light should occur within the property lines of the parcel to be developed.
(b) Building Location - Proposed buildings and structures shall be integrated as much as possible within the existing landscape and terrain.
(c) Building Design - Where buildings are located near existing development, architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate exterior materials, color, screening, breaks in the roof and wall lines, and other architectural techniques.
(d) Circulation - Site plans shall provide clearly marked safe and attractive circulation patterns for both vehicular and pedestrian traffic. Special attention shall be given to location, width, and number of access points to public streets (curb cuts should be located on secondary streets where possible, curb cuts are generally limited to one on primary streets. Information on stop sight distances and speeds along streets that provide access shall be noted on the site plan.
(e) Water Quality - The development shall incorporate measures that are adequate to prevent pollution of surface or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased rates of run-off and potential for flooding. Drainage shall be designed so that peak flow rates shall not be increased above pre-development levels, and groundwater recharge is maximized.
(f) Emissions - The development shall ensure that no emissions of noise, odors, gases, liquids, dust, chemicals, fumes or smoke which would be injurious, obnoxious, offensive, or hazardous to the surrounding area would take place.
6.11.04 USES PERMITTED BY SPECIAL PERMIT WITH SITE PLAN APPROVAL
6.11.041 Uses permitted by Special Permit by the Planning Board shall be limited only to the following:
(a) Warehouse for storage, production, assembly, and marketing of wholesale goods.
(b) Wholesale trade and distribution.
6.11.05.1 MINIMUM SETBACKS OF BUILDINGS FROM BOUNDARY LINE OF DISTRICT
No building in an Office Development District shall be located closer than fifty (50) feet from the boundary line of the District. If a building contains more than two (2) stories, then this minimum requirement shall be increased by twenty-five (25) feet per story for each story that the building exceeds two stories in height up to a maximum setback requirement of two hundred (200) feet. For example, a building containing three (3) stories shall not be located closer than seventy-five (75) feet from the boundary line of the District and a building containing four (4) stories shall not be located closer than one hundred (100) feet from the boundary line of the District. For purposes of this Section 6.11.05, the term "story" shall mean that part of a building or improvement between any floor on or above the mean finished grade of the ground adjoining the building and the floor or roof next above. Where a building or improvement is not divided into stories, a story shall be considered fifteen (15) feet in height. Height shall mean the vertical distance measured from the mean finished grade of the ground adjoining the building or improvement to the highest point of such building or improvement, provided that steeples, cupolas, Stage lofts, penthouses, bulkheads and other appurtenances above roof line shall not be considered as additional stories or considered in determining the height of a building or improvement.
6.11.051 Dimensional Regulations: All uses shall be in conformity with the dimensional and density regulations set forth in Table 1.
USE Min. Lot Area (sq. ft. or as noted Min. Frontage
Front Yard (ft.) Min. Side Yard (ft.) Min. Rear
Yard (ft.) Max Height
(ft.) Max No. of stories Max Building Coverage
(% of lot) Max impervious Surface
(% of lot)
Office Development District
6.11.052 Other Office Development Dimensional Regulations: A 50-foot buffer is required along side and rear lots abutting any residential property. The buffering requirements can be altered during site plan review to mitigate environmental impacts.
6.11.06 BUFFER STRIP Where the boundary line of an Office Development District adjoins a lot in another District on which there is a residential dwelling, there shall be provided on the lot in the Office Development District, a buffer strip of not less than fifty (50) feet in width from such adjoining lot. All required buffer strips in an Office Development District should retain any natural woodland if possible. In the absence of natural woodlands, screening at least five (5) feet high shall be constructed. Screening may be by wall, fence or earth berm with low plantings or any combination thereof. Such screening shall be maintained in good condition at all times. No other structures or parking areas will be permitted within the buffer area. No other requirements of this By-Law shall be applicable to buffer strips in an Office Development District.
6.11.07 HEIGHT LIMITATIONS No building or other improvement located in an Office Development District shall exceed four (4) stories in height, other than a hotel, which shall not exceed five (5) stories or 60 feet in height.
6.11.08 ACCESSORY USES ALLOWED Accessory uses incidental or subordinate to a permitted main use including without limitation; cafeterias, day care, or such other retail or service uses provided such uses primarily service the occupants of the lot or lots so served.
6.11.09 OFF-STREET PARKING REOUIREMENTS IN A OFFICE DEVELOPMENT DISTRICT:
(a). Parking between the street and the building is not allowed. Parking should be located to the rear and side of the building.
(b) MINIMIUM SIZE OF PARKING SPACES The minimum size of at least seventy percent (70%) of the required parking spaces shall be 18 feet by 9 feet. Any remaining required parking spaces shall be a minimum size of 15 feet by 7-1/2 feet.
(c) COMBINING REOUIREMENTS Required spaces for any number of uses or lots may be provided in a combined lot or lots within an Office Development District, provided that the number of spaces in the combined facility shall not be less than the sum of those required for the individual uses, and provided that the parking is located or on a lot or lots adjacent to, or within 100 feet of the structures served.
(d) MINIMUM REOUIRED SPACES the minimum required number of off street parking spaces shall be as follows provided that: (i). If a building on a lot is devoted to more than one of the uses set forth below, the parking requirements will be determined separately for portions devoted to each such use, and (ii) if any use in a building changes which would increase the parking requirements such use shall not be permitted until it can be demonstrated that the parking requirements set forth below with respect to such use have been met.
(1) Wholesale Business - one (1) space for each 1,000 square feet of gross floor area;
(2) Retail Business - one (1) space for each 200 square feet of gross floor area;
(3) Research and Development/Engineering/High Technology - one (1) space for each 500 square feet of gross floor area;
(4) Office Uses - one (1) space for each 350 square feet of gross floor area;
(5) Light Manufacturing and Assembly - one (1) space for each 1,000 square feet of gross floor area;
(6) Warehouse or Distribution Center - one (1) space for each 1,000 square feet of gross floor area;
(7) Conference Facility - one (1) space for each three (3) seats of seating capacity;
(8) Restaurant/cafeteria - one (1) parking space for each three (3) seats of seating capacity;
(9) Hotel - one and one tenth (1.1) parking space for each hotel living unit; and
(10) All other Permitted Uses not Specifically Named - one (1) space for each 300 square feet of gross floor area.
Where the computation of required parking space results in a fractional number, only the fraction of one-half or more shall be counted as one.
(e) DESIGNATED PARKING AREA With respect to any building in an Office Development District other than a conference facility, restaurant or hotel which requires fewer than one (1) parking space for each 300 square feet of gross floor area, there shall be designated on the lot on which the building is located or on another lot in the District if the provisions of subsection (c) of this Section 6.11.09 are applicable, a designated parking area or areas with total aggregate square footage equal to eighty-five (85%) of the total gross floor area of all buildings on a lot. Any designated parking area need only be paved to the extent necessary to meet the minimum requirements of subsection (d) of this section 6.11.09, but any unpaved area must comply with the set back requirements of subsection (a) of this Section 6.11.09 and remain open and available to meet any additional minimum parking space requirement caused by a change in the use of any building. If parking for any lot is to be provided in a parking facility of more than 1 story, the gross floor area of each floor in the parking facility shall be included in the computation of the designated parking area.
(f) SPECIAL PERMITS The Board of Appeals or the Planning Board acting through Article 13 Site Plan Approval as the case may be may grant a special permit to waive strict adherence to the parking requirements set forth in this Section 6.11.11 where it can be demonstrated by an applicant that a particular use does not warrant the number of parking spaces required by this Section 6.11.11. In reviewing such a request, the Board of Appeals or Planning Board shall consider the following:
(i) The issuance of a special permit will not be detrimental to the Town or surrounding uses and is consistent with the intent of this By-Law; and
(ii) The special permit may define the conditions of the use so as to preclude changes that would alter the unique circumstances contributing to the reduced parking need or demand.
6.11.10 LOADING REQUIREMENTS All loading and unloading shall take place on-site in a specified area designed for this purpose.
6.11.11 SIGNS No sign located at or near the entranceway of an Office Development District shall be larger than one hundred fifty (150) square feet or located closer than ten (10) feet from the boundary line of the District. No sign identifying any building or improvement within an Office Development District shall be larger than fifty (50) square feet and located closer than ten (10) feet from the boundary line of an established way. Any lighting of a sign shall be continuous indirect white lighting installed in a manner that will prevent direct light from shining onto any street or adjacent property. Sign(s) shall not be constructed as to interfere with the visibility of traffic located on adjacent streets or ways, nor shall any freestanding signs be placed at a height in excess of 30 feet.
6.11.12 DESIGN STANDARDS A site plan shall be submitted to the Planning Board and shall show that the requirements of Section 6.11 have been satisfied; or take any action relative thereto.
ARTICLE 23. To see if the Town will vote to amend Article 10: Definitions of the Town of Raynham Zoning By-laws by adding the following new language:
Industry, light- A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Note: product(s) cannot be sold to the public on site.
Light Industrial Park- A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.
Office- A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
Office Park- A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility; or take any action relative thereto.
ARTICLE 24. To see if the Town will vote to amend the Zoning Map of the Town of Raynham, Massachusetts, by changing the following described area from Business and Industrial to Office Development District:
The area is described as the following: beginning on Route 138 at the Raynham-Taunton line on the northwesterly side; thence north along Route 138 to a point 500 feet south of King Philip Street; thence running west along, and parallel to King Philip Street, 500 feet in from the street line, to the New York, New Haven Railroad layout; thence running southwesterly along the New York, New Haven Railroad layout to the town line; thence running and turning southeasterly along the town line to the point of beginning; or take any action relative thereto.
And you are directed to serve this Warrant, by posting up attested copies thereof at the six (6) places directed by vote of the Town, in said Town, fourteen (14) days before the time of holding said meeting.
HEREOF FAIL NOT, and make due return of this Warrant, with your doings thereon to the Town Clerk, at the time and place of meeting, as aforesaid.
Given under our hands this 27th day of April in the year of our Lord two thousand and four.
DONALD L. McKINNON
RAYMOND W. PLATT
JOHN M. DONAHUE
Selectmen of Raynham
A true copy. Attest:
April 27, 2004
PURSUANT TO THE WITHIN WARRANT, I have notified and warned the inhabitants of the Town of Raynham by posting up attested copies of the same at the six (6) places directed by vote of the Town, fourteen (14) days before the date of the meeting, as within directed.
Constable of Raynham