ANNUAL TOWN MEETING
TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
5-15-2006
BRISTOL, ss
To either of the Constables of the Town of Raynham in the County of Bristol, GREETING.
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 15th day of May at 7:00 in the evening, then and there to act on the following Articles.
ARTICLE 1. To choose by nomination all minor Town Officers.
ARTICLE 2. To see if the Town will vote to accept the report of the Town Officers.
ARTICLE 3. To raise such sums of money as may be necessary to defray Town charges and make appropriations for same.
ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer the sum of $60,000 to the Reserve Fund, or take any action relative thereto. (Submitted by the Finance Committee) RECOMMENDED
ARTICLE 5. To see if the Town will vote to raise and appropriate or transfer the sum of $5,000 for the payment of any bills incurred during the previous fiscal year which remain unpaid; or take any action relative thereto.
RECOMMENDED
ARTICLE 6. To see if the Town will vote to raise and appropriate or transfer the sum of $400 for quarters for the American Legion, Post #405; or take any action relative thereto. (Submitted by the Board of Selectmen)
RECOMMENDED
ARTICLE 7. To see if the Town will vote to authorize a revolving fund under MGL, Ch.44, sec. 53E ½ that may be spent by the Park & Recreation Department without further appropriation during FY 07 to pay salaries, expenses and contractual services required to operate its Before and After School Day Care, Summer Playground, School Vacation and Kindergarten Extension Programs. The Revolving Fund is to be credited with all fees and charges received during FY 07 from persons using these services.
The Park & Recreation Dept. may spend $270,000 in revolving fund monies for these programs during FY 07; or take any action relative thereto. (Submitted by the Park & Recreation Commissioners)
RECOMMENDED
ARTICLE 8. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue for the financial year beginning July 1, 2006, in accordance with the provisions of the Gen. Law, Chap. 44, Sec. 4, and to issue note(s) therefore, payable within one year, and to renew any note (s) as may be given for a period of less than one year in accordance with Gen. Law, Chap. 44, Sec. 17; or take any action relative thereto. (Submitted by the Treasurer/Collector) RECOMMENDED
ARTICLE 9. To see if the Town will vote to authorize the Board of Selectmen to sign contracts upon such terms and conditions as they deem appropriate for any subject for which money was appropriated by the Town of Raynham; or take any action relative thereto. (Submitted by the Board of Selectmen) RECOMMENDED
ARTICLE 10. To see if the Town will vote to authorize the Board of Selectmen to accept and enter into contracts for the expenditure of any funds allotted or to be allotted by the Commonwealth and/or County for construction, reconstruction and improvements of the Town infrastructure, and to authorize the Board of Selectmen to borrow in anticipation of reimbursements of funds; or take any action relative thereto. (Submitted by the Board of Selectmen)
RECOMMENDED
ARTICLE 11. To see if the Town will vote to transfer $________ from the Borden Colony Rent Account to the Park and Recreation Borden Colony account; or take any action relative thereto. (Submitted by the Park and Recreation Commissioners) RECOMMENDED
ARTICLE 12. To see if the Town will vote to raise and appropriate the sum of $1,388,957 for the purpose of paying the debt service on the outstanding bonds and notes for the Raynham Middle School, the renovation projects for LaLiberte Elementary School and the Merrill School and for the new regional High School; or take any action relative thereto. (Submitted by the Board of Selectmen) RECOMMENDED
ARTICLE 13. To see if the Town will vote to raise and appropriate the sum of $51,380 for Raynham’s share of the cost of the modular units at the Bridgewater-Raynham Regional High School; or take any action relative thereto. (Submitted by the Board of Selectmen) RECOMMENDED
ARTICLE 14. To see if the Town will raise and appropriate or transfer the sums of money listed below to the following Police Department accounts to add one full-time police officer to the Police Department; or take any action relative thereto.
POLICE SALARY ACCOUNT $39,013.00
POLICE WAGE ACCOUNT: $2,900.00
POLICE EXPENSE ACCOUNT $ 4,674.00
$46,587.00
RECOMMENDED
ARTICLE 15. To see if the Town will raise and appropriate or transfer the sum of $10,000.00 to the Police Department for Computer Upgrades; or take any action relative thereto. (This money was authorized by Capitol Planning as a five year upgrade of 10K per year. We borrowed 20K from the Homeland Security money to hasten the upgrade for security purposes.)
RECOMMENDED
ARTICLE 16. To see if the Town will raise and appropriate or transfer the sums of money listed below to the following Fire Department accounts to add one full-time Firefighter EMT/P to the Fire Department; or take any action relative thereto.
FIRE SALARY ACCOUNT: $ 33,258
FIRE WAGE ACCOUNT: $ 8,000
FIRE EXPENSE ACCOUNT: $ 1,600
$ 42,858
RECOMMENDED
ARTICLE 17. To see if the Town will vote to raise and appropriate or transfer the sum of $3,734.75 to the Ambulance Account for increasing the Part Time Ambulance Billing Clerk from 19 hours per week to a Full Time Position of 24 hours per week; or take any action relative thereto. (Submitted by the Fire Department) NOT RECOMMENDED
ARTICLE 18. To see if the Town will vote to have the Town Administrator negotiate all non-union, administrative (Department Head) contracts subject to the approval of the Board of Selectmen; or take any action relative thereto. (Submitted by the Board of Selectmen) RECOMMENDED
ARTICLE 19. To see if the Town will vote to abolish the Ambulance Revolving Fund and establish in its stead a receipts reserved account for Ambulance Services pursuant to MGL, Ch. 40, Sec. 5F beginning July 1, 2006 (FY07) and transfer the balance of funds in said Ambulance Revolving Account into the Receipts Reserved Account; or take any action relative thereto. RECOMMENDED
ARTICLE 20. To see if the Town will vote to transfer the sum of $137,220 as detailed below from the Ambulance Receipts Reserved Account for the purpose of operating the Town’s ambulance service for six months; or take any action relative thereto.
EMT Stipends $52,000
Wages $27,720
Expenses $57,500
Total $137,220
Note: This is a half-year budget; full year budget is $274,389. RECOMMENDED
ARTICLE 21. To see if the Town will vote to transfer the sum of $384,467 as detailed below from the Special Landfill account to operate the Solid Waste and Recycling Division, and maintain the landfill infrastructure and monitoring processes; or take any action relative thereto. (Submitted by the Highway Department)
Salary $ 83,346
Wages $ 71,421
Expenses $ 229,700
Total $ 384,467
RECOMMENDED
ARTICLE 22. To see if the Town will vote to raise and appropriate or transfer the sum of $50,000.00 to the landfill closure account for the purpose of purchasing materials and/or hiring professional services to perform maintenance and/or reconstruction of portions of the landfill to stay within Department of Environmental Protection (DEP) compliance regulations; or take any action relative thereto. (Submitted by the Highway Department)
RECOMMENDED
ARTICLE 23. To see if the Town will vote to raise and appropriate $100,000 and transfer the sum of $200,000 from the general Stabilization Account for construction and improvements of the Town infrastructure in addition to any funds allotted by the Commonwealth and/or County; or take any action relative thereto. (Submitted by the Highway Department) Note: This article covers the $100,000 normally approved for infrastructure improvements and an additional $200,000 for the purpose of addressing expenses associated with the Route 104 North Main Street reconstruction.
RECOMMENDED
ARTICLE 24. To see if the Town will vote to transfer the balance of Article 2 of the first of two Special Town Meetings on 11/15/05 for Gardiner Street Dam repairs for construction and improvements of the Town infrastructure; or take any action relative thereto. (Submitted by the Highway Department) RECOMMENDED
ARTICLE 25. To see if the Town will vote to raise and appropriate or transfer the sum of $47,607 to the Highway Department wage account to fund a new position of Foreman to help manage and perform additional department responsibilities; or take any action relative thereto. (Submitted by the Highway Department)
RECOMMENDED
ARTICLE 26. To see if the Town will vote to raise and appropriate or transfer the sum of $50,000 for Legal Services related to the National Reclamation of Raynham, Inc. site assignment; or take any action relative thereto. (Submitted by the Board of Selectmen)
RECOMMENDED
ARTICLE 27. To see if the Town will vote to raise and appropriate or transfer the sum of $20,000~ for the demolition and removal of abandoned and/or dangerous structures located at 345 Hall Street (Map 3 Parcel 310) and 1667 Broadway (Map 3 Parcel 75) for the reasons of public safety; or take any action relative thereto. (Submitted by the Building Commissioner)
RECOMMENDED
ARTICLE 28. To see if the Town will vote to raise and appropriate or transfer the sum of $4,000 to purchase new printers for the Town Collector’s Office and the Town Clerk’s Office; or take any action relative thereto.
RECOMMENDED
ARTICLE 29. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $2,794,605.00 as categorized below to operate the sewer enterprise; or take any other action thereto.
Salaries and Wages 394,593.00
Expenses 752,000.00
Health Insurance 49,000.00
Indirect Costs 54,000.00
Debt 1,545,012.00
Total $2,794,605.00
$1,146,593.00 to come from enterprise revenues, $0.00 to come from enterprise retained earnings, $103,000.00 to be appropriated in the general fund and funded from sewer enterprise revenues, and $1,545,012.00 to be appropriated in the general fund from the tax levy. (Submitted by the Sewer Commissioners) NOT RECOMMENDED
ARTICLE 30. To see if the Town will vote to rescind Article 39 of the 1991 Annual Town Meeting and revoke, pursuant to the provisions of Massachusetts General Laws, Chapter 44, Section 53F ½, the establishment of an Enterprise accounting system for the Town of Raynham Sewer Department, effective July 1, 2007 (fiscal 2008), and replace it with a Receipts Reserved Account pursuant to MGL Chapter 44, Section 53E; or take any action relative thereto. (Submitted by the Finance Committee)
Note: The Town voted to accept Article 39 of the 1991 Annual Town Meeting which accepted the provisions of Massachusetts General Laws, Chapter 44, Section 53F ½ for the establishment of an Enterprise accounting system effective fiscal 1992 for the Town of Raynham Sewer Department. RECOMMENDED
ARTICLE 31. To see if the Town will vote, pursuant to G.L. c. 59, §5, paragraph forty-first A, to set the interest rate each fiscal year at the Federal Funds U.S. Discount Rate in effect on July 1, with the rate not to exceed eight (8) percent, on the payment of so-called deferred real estate taxes with interest thereon upon the sale or transfer of their domicile by certain persons who are 65 years of age or older and who have entered into a tax deferral and recovery agreement with the Board of Assessors; or take any other action relative thereto. . (Submitted by the Board of Selectmen)
Note: G.L. c. 59, §5, paragraph forty-first A sets the interest rate per annum at eight (8%) percent on payment of real estate taxes deferred in accordance with the statute; however, the statute authorizes the Town Meeting to set a lesser rate per annum than the statutory eight (8) percent interest rate. RECOMMENDED
ARTICLE 32. To see if the Town will accept as a gift, purchase, or take by eminent domain, a permanent sewer easement shown as “sewer easement 1800 square feet” on a parcel of land, as shown on plan (1 sheet) entitled, “ Easement Plan of Land in Raynham, Massachusetts Prepared for Raynham Sewer Commission, dated February 28, 2005, Hayward-Boynton & Williams Inc., 60 Court Street, Taunton, MA 02780-3201”, and which is on file with the Office of the Town Clerk; or take any action relative thereto.
Note: Funds for the uses described in this Article were previously raised and appropriated pursuant to Article 21 of the 1999 Annual Town Meeting, an Article relating to the extension of the Town of Raynham Sewer System. This Article will provide for the correction of a sewer easement on Orchard Avenue that occurred during Phase IV sewer construction. (Submitted by the Sewer Commissioners) NO ACTION
ARTICLE 33. To see if the Town will accept as a gift, purchase, or take by eminent domain, certain parcels of land, as shown on plan (1 sheet) entitled, “Plan of Property Taking to be Acquired for Proposed South Street East Pump Station Upgrade, Raynham, Massachusetts”, dated February 28, 2006, Tighe & Bond Consulting Engineers, Westfield, MA 01085”, and which is on file with the Office of the Town Clerk; or take any action relative thereto. (Submitted by the Sewer Commissioners)
Note: Funds for the uses described in this Article were previously raised and appropriated pursuant to Article 10 of the 2005 Special Town Meeting, an Article relating to the installation of an emergency generator for the South Street East Pumping Station.
NO ACTION
ARTICLE 34. To see if the Town will accept Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition and preservation of historic resources, the acquisition, creation and preservation of land for recreational use, the creation, preservation and support of community housing, and the rehabilitation and restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided under said Act; that the amount of such surcharge on real property shall be three (3) percent of the annual real estate tax levy against real property; and
that the Town hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the Town, as defined in Section 2 of said Act and $100,000 of the value of each taxable parcel of residential real property; or take any action relative thereto. (Submitted by the Conservation Commission)
NO ACTION
ARTICLE 35. To see if the Town will vote to accept the provisions of M.G.L. Chapter 140, Section 139 as voted by Chapter 369 of the Acts of 2002, providing that no fee shall be charged for a license for a dog owned by a person aged 70 years or over; or take any action relative thereto. (Submitted by the Town Clerk) NO ACTION
ARTICLE 36. To see if the town will vote to amend the Raynham Zoning Bylaws Article Eleven: Water Resource Protection Overlay District, Section 11.4.2 by deleting the following strikethrough language and inserting the following new language in bold print.
11.4.2 The boundaries of the Water Resource Protection Overlay District Zones are delineated on a zoning map at a scale of 1 inch = 26,400 feet Geographic Information System Map at a scale of 1 inch = 1000 feet dated February 16, 2006Zoning Map” Town of Raynham Water Resource Protection Overlay District”. This map, as it may be amended from time to time, is entitled, “Town of Raynham. This map is on file in the office of the Town Clerk and is hereby made a part of this bylaw. These boundaries reflect the best hydrogeologic information available as of the date of the maps. Where these bounds are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in
question to show where the boundaries should be properly located. At the request of the owner(s), the town may engage a professional geologist; hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) for the entire cost of the investigation; or take any relative thereto.
Note: The boundaries of the Water Resource Protection Overlay District shown on this map are identical to the boundaries of the presently existing Water Resource Protection Overlay District.
NO ACTION
ARTICLE 37. To see if the town will vote to amend the Raynham Zoning Bylaws Article Three: Establishment of Districts, Section 3.2 Zoning Map by deleting the following strikethrough language and inserting the following new language in bold print.
The boundaries of the various zoning districts are shown delineated on a map Geographic Information System Map entitled “Zoning Map of the Town of Raynham, Massachusetts” “Town of Raynham Zoning Map” at a scale of 1 inch = 1000 feet dates d February 16, 2006 on file at the office of the Town Clerk. Said map and all explanatory matter thereon are hereby made a part of this By-Law. From time to time changes to district boundaries shall be shown as amendments to this map or shown on such other maps as may be incorporated as part of this zoning By-Law; or take any action relative thereto.
Note: The boundaries of the various zoning districts shown on this map are identical to the boundaries of the presently existing zoning districts. NO ACTION
ARTICLE 38. To see if the town will vote to amend the Raynham Zoning Bylaws Article Five: Intensity of Use Regulation: Section 5.4 by deleting the following strikethrough language and inserting the following new language in bold print.
5.4 CORNER LOTS
(a). A corner lot is defined as one which has an interior angle of less than 135 degrees at the intersection of two street lines. The minimum frontage and front yard requirement of Section 5.1 shall apply to one street, and the front of the dwelling or building shall face that street. Access to a corner lot may be from any street frontage. The minimum frontage requirement shall not extend beyond the midpoint of the corner radius (illustrated below). An existing lot shall not be considered a corner lot by virtue of the subsequent approval of a subdivision roadway unless the lot is being created as a part of the said proposed subdivision; nor shall an existing lot be considered a corner lot by the subsequent laying out of a public way by the appropriate
governmental authorities.
(b) Within the area formed by the lines of intersecting streets, and a line joining points of such lines, twenty (20) feet distance from their point of intersection, or in the case of a rounded corner, the point of intersect of their tangents there shall be an unobstructed line of sight from the street grade between one (1) foot to twenty (20) feet , no structure, and no foliage shall be maintained between a height of three (3) feet and a height of eight (8) feet above the plane through their curb grades; or take action relative thereto. NO ACTION
ARTICLE 39. To see if the town will vote to amend the Raynham Zoning Bylaws Article Five: Intensity of Use Regulation: Section 5.1 (h) Minimum Requirements by inserting the following new language in bold print.
(h). All lots being subdivided shall be designed geometrically as to show a 125 foot by 125 foot square beginning at the minimum front yard setback line for a structure; or take any action relative thereto.
NO ACTION
ARTICLE 40. To see if the town will vote to amend the Raynham Zoning Bylaws Article Five: Intensity of Use Regulation: Section 5.1 Minimum Requirements by deleting the following strikethrough language.
A dwelling, building, or structure, hereafter erected in any district shall be located on a lot having not less than the minimum requirements set forth below, and no more than one dwelling shall be built upon any such lot. Public utility structure(s) shall be exempt from the minimum dimensional requirements set forth below. No existing lot shall be changed as to size or shape so as to result in the violation of the requirements set forth below. and the minimum width of the lot at the setback line (minimum front yard dimension) of the proposed structure, shall not be less than 130 feet:; or take any action relative thereto.
NO ACTION
ARTICLE 41. To see if the town will vote to amend the Raynham Zoning Bylaws Article Six: Regulations: Section 6.3 by deleting the following strikethrough language and inserting the following new language in bold print.
6.3 ACCESSORY USES
Accessory uses customarily incidental to a permitted main use are permitted on the same premises. Accessory Buildings: No accessory building or structure shall be located within the required front yard area. No accessory building or structure larger than two hundred (200) square feet and no accessory building or structure more than ten (10) feet in height above the average grade plane shall be located in any side yard area nearer to the side lot line than ten (10) feet; or nearer to another principal or accessory building than five feet.
An accessory building or structure shall not have an area greater than 100 120 square feet without obtaining a building permit; or take any action relative thereto.
NO ACTION
ARTICLE 42. To see if the town will vote to amend the Raynham Zoning Bylaws Section 5.1 (f) Minimum Requirements by deleting the following strikethrough language and insert the following new language in bold print.
(f) The portion of any lot within a wetland area as defined by the Massachusetts Wetland Protection Act may be used to meet area and yard requirement(s) in which the remainder of the lot is situated provided that portion does not exceed 20% of the minimum required lot area, and the minimum required lot area shall be contiguous dry land. (added A.T.M. 5/15/89). Said criteria is not applicable to lots located within a Farm & Forest District. In a Farm & Forest District the minimum lot size shall be 24,000 32,000 square feet of contiguous dry land if Town water is supplied to the lot and 48,000 square feet of contiguous dry land if Town water is not supplied to the lot; or take any action relative thereto.
NO ACTION
ARTICLE 43. To see if the town will vote to amend the Raynham Zoning Bylaws Article Two: Administration: 2.1 Enforcement by deleting the following strikethrough language and inserting the following new language in bold print.
2.1 ENFORCEMENT
This By-Law shall be enforced by the Inspector of Buildings (amended A.T.M. 5/16/94). No building shall be built or altered or a building begun or changed without a permit having been issued by the Inspector of Buildings.
No building other than a dwelling shall be occupied until a certificate of occupancy has been issued by the Inspector of Buildings.
Any person violating any of the provisions of this By-Law may be fined $100.00 for the first offense, $200.00 for the second offense and $300.00 for each offense thereafter. Each day that a violation exists shall be deemed to be a separate offense. Alternatively, any person violating any of the provisions of this By-Law may be penalized by means of non-criminal disposition as provided in General Laws, chapter 40, Section 21D. Penalties shall be $100.00 for the first offense, $200.00 for the second offense and $300.00 for each offense thereafter. Each day that a violation exists shall be deemed to be a separate offense. Nothing in this By-Law shall prohibit the zoning enforcement officer, in his or her discretion, from seeking injunctive relief as a remedy in accordance with applicable
law. be fined not more than one hundred dollars for each offense. Each day that such violation continues without abatement shall constitute a separate offense.; or take any action relative thereto.
The construction of a building or operation of a land use under a building permit or a special permit shall conform to any subsequent amendment to this By-Law adopted after the issuances of the permit or special permit unless construction or operation commences within a six month period beginning with the issuance of the building or special permit.
NO ACTION
ARTICLE 44. To see if the town will vote to amend the Raynham Zoning Bylaws Article Thirteen: Site Plan Approval by deleting the following strikethrough language and inserting the following new language in bold print.
13.2 Projects Requiring Site Plan Approval
An applicant may simultaneously submit an application for a Special Permit or Special Permits that are required by the Planning Board together with their application for (italicized portion added at 5/21/01 A.T.M. adjourned session on 5/23/01) Site Approval. A building permit shall not be issued for any of the following, unless a site plan approval has been granted by the Planning Board (highlighted sections amended at STM of 2/9/99):
a. Any new construction exceeding eight hundred (800) twelve hundred (1200) square feet in non-residential gross floor area or any non-residential addition exceeding eight hundred (800) twelve hundred (1200) square feet. For the purposes of this section, hotels, motels, rooming houses, nursing homes, elderly care homes, etc., shall be considered nonresidential.
b. Any renovation or change of use which requires the addition of more parking spaces irrespective of existing parking spaces or the relocation of existing parking spaces, the relocation of the building entrance and/or the relocation of the site entrance to accommodate the renovation or change of use. (highlighted portion added ATM 5/29/03)
c. Any multi-family buildings in excess of two (2) family units will require site plan approval.
d. The construction of parking spaces for non-residential uses on any surface greater than four hundred (400) square feet will require site plan approval.
e. The conversion of a residential property either vacant or occupied to a non-residential use will require site plan approval.
Note: The Planning Board may determine the project is subject to an abbreviated site plan approval in accordance with Planning Board Rules & Regulations Governing the Issuance of Site Plan Approval as most recently amended; or take any action relative thereto. NO ACTION
ARTICLE 45. To see if the Town will vote to amend the Town of Raynham Zoning Map Section 3.2 by changing the area outlined in bold from Residential A to Business. The properties are known as Map 4- Lot 139 and Map-4 Lot 140; or take any action relative thereto. NO ACTION
ARTICLE 46. To see if the Town will vote to amend the Town of Raynham Zoning Bylaws Section 3.2 by changing a tract of land formerly known as North Raynham Second Congregational Church property and currently owned by Agape Chapel situated in Raynham, Bristol County, Massachusetts on the Westerly side of the Turnpike, so called, and bounded beginning at a stone on said turnpike by land now or formerly of Theodore L. Lincoln, thence by said Lincoln’s land West 16 degrees North, thirty-one rods, eleven links, to a corner; thence North 21 degrees 15’ East, twenty-eight rods, nine links, to a corner; thence East 35 degrees South, thirty-two rods and nineteen links to the turnpike aforesaid; thence by said turnpike, South 22 degrees 20’ West, thirty-two rods, fifteen links to the bound first named,
containing six acres and eight rods. Also known as Map 4 Lot 141, 1002 Broadway; or take any action relative thereto. (Submitted by Citizen’s Petition) NO ACTION
ARTICLE 47. To see if the Town will vote to amend the Zoning Bylaws by inserting a new section which shall read as follows:
“Section 4.9A OFFICE DEVELOPMENT DISTRICT II
An Office Development District II shall encourage a wide range of research, office, and other uses which can be built with a minimum of noise, smoke, odor, traffic and other nuisances and which do not create adverse impacts upon adjacent uses.
(A) Permitted Uses. In the Office Development District II the following uses shall be Permitted:
1. Office or office park.
2. Research or development or engineering business
3. Hotel
4. Municipal use excluding solid waste uses
5. Agricultural uses including nurseries.
(B) Prohibited Uses. In the Office Development District II the following uses shall be Prohibited:
1. Any use permitted in the Business District, Industrial District, Residential A, B, C, D district or Farm & Forest District is not allowed in the Office Development District II unless enumerated specifically in Section 4.9A.
2. Solid waste facilities”
and furthermore to rezone the area of land currently zoned Industrial that is bounded on the West by the Taunton City line, on the North by the Easton Town line, on the East by Broadway (Route 138), and on the South by the northerly boundary of lots 1-14-1, 1-14-3, 1-14-4, and 3-1 from Industrial District to Office Development District II, and furthermore to rezone the area of land currently zoned Business that is bounded on the South by Robinson Street, on the West by Broadway, on the North by the Easton Town line and on the East by lots 1-27 and 1-28 from Business to Office Development District II; both areas also shown as the area marked in red labeled “NEW OFFICE DEVELOPMENT DISTRICT II” on a copy of the Zoning Map on file with the Town Clerk and furthermore that the Zoning Map be amended accordingly.
; or act on anything relating thereto. (Submitted by Citizen’s Petition) NO ACTION
ARTICLE 48. To see if the Town will vote to amend Section Two, General Legislation, of the Raynham Code by inserting the following new section in 2/12 Rubbish and Refuse:
SOLID WASTE PROHIBITION
Purpose. The purpose of this Section is to protect the rights of the people of Raynham to clean air and water which is guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution.
Authority. This Section is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, independent of the provisions of Section 150A of Chapter 111 of the General Laws and regulations promulgated thereto.
Solid Waste Prohibition. No solid waste facility located in the Town of Raynham that has not received a site assignment and all other required permits and approvals prior to May 15, 2006 shall accept for storage, processing, dumping, disposal, or any other purpose any solid waste, including but not limited to rubbish, refuse, recyclables, or construction and demolition debris, that has been collected outside the Town of Raynham; or act on anything relating thereto. (Submitted by Citizen’s Petition)
NO ACTION
ARTICLE 49. To see if the Town will vote to amend Section Two, General Legislation, of the Raynham Code by inserting the following new section in 2/12 Rubbish and Refuse:
SOLID WASTE FACILITY PUBLIC PROCESS BYLAW
Preamble. This Section establishes public participation requirements to improve the public process following the filing of a site assignment application for a new solid waste facility.
Purpose. The purpose of this Section is to protect the rights of the people of Raynham to clean air and water guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution, and to protect their right to petition government guaranteed by the Massachusetts Constitution, Article 19 of the Declaration of Rights, and by the First Amendment to the United States Constitution.
Authority. This Section is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, independent of the provisions of Section 150A of Chapter 111 of the General Laws and regulations promulgated thereto.
Proposed Solid Waste Facilities - Public Process. This bylaw establishes procedures to require an informational meeting by the Board of Health which is held following the filing of an application for a site assignment for a proposed solid waste facility.
The Board of Health shall hold a public informational meeting no later than forty-five (45) days following the receipt by the Board of a site assignment application for a proposed solid waste facility, where the applicant shall be invited to give a short presentation and answer questions from attendees.
At least fourteen (14) days prior to commencement of said informational meeting, the Board of Health shall require the applicant place a large 4 foot by 8 foot sign at the proposed site, on the nearest public way, which states in a clearly readable typeface that "This is a proposed site of a (type of facility) proposed by (name of applicant). An informational meeting on the application will be held (date)(time) at (location). For more information, contact (name, title, phone number and address of Board of Health contact)," and which shall contain a brief description of the proposed project and where application materials can be reviewed.
At least fourteen (14) days prior to commencement of said informational meeting, the Board of Health shall send notice of said meeting, which shall include a brief description of the project, the date, time and location of the meeting, how residents can participate in the meeting, and where application materials can be reviewed, by first class mail to all residents and landowners located within one mile of the proposed site, including residents and landowners in an abutting town if the proposed site is within one-half mile of that town (an "abutting town").
At least fourteen (14) days prior to commencement of the informational meeting, the Board of Health shall forward a copy of the application for site assignment to the Raynham Pubic Library and to the public library in an abutting town, if any, and place a copy on the internet.
At least fourteen (14) days prior to commencement of the informational meeting, the Board of Health shall publish notice as a display advertisement in a non-legal section of one or more newspapers of general circulation in Raynham and an abutting town, if any, which shall include notice of the informational meeting and where the application materials may be reviewed, and shall send the notice as a press release to all newspapers and media outlets which circulate in the town(s).
The Board of Health shall provide for either live public broadcast of the informational meeting on the local cable access channel, or if that is not feasible, for the videotaping of the informational meeting for later broadcast.
The Board of Health may assess upon the applicant the costs for complying with the provisions of this subsection relative to the informational meeting and providing notice thereof. Said applicant may contest the amount so assessed and may request a hearing before the Board, who may then reconsider the amount of the assessment thereof.
Severability. Each of the paragraphs within this Section shall be construed as separate to the end that if any sentence, clause or phrase thereof shall be held invalid for any reason the remainder of that paragraph and all other paragraphs of this Section shall continue in force; or act on anything relating thereto. (Submitted by Citizen’s Petition)
NO ACTION
And you are directed to serve this Warrant, by posting up attested copies thereof at the seven (7) places directed by vote of the Town, in said Town, seven (7) 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 18th day of April in the year of our Lord two thousand and six.
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JOHN M. DONAHUE
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DONALD L. McKINNON
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RAYMOND W. PLATT
SELECTMEN OF RAYNHAM
A true copy. Attest:
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Louis Pacheco, Constable
April 18, 2006
Bristol, ss
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 seven (7) places directed by vote of the Town, seven days before the date of the meeting, as within directed.
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Louis Pacheco, Constable of Raynham
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