ANNUAL TOWN MEETING
TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
5-21-2007
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’s Joseph A. Bettencourt Auditorium in said Raynham on Monday the 21st 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 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, 2007, 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 8. 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 9. 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)
RECOM
MENDED
ARTICLE 10. To see if the Town will vote to authorize the Board of Selectman to execute an easement for the property located at Assessor Map 11, Lot 257~in favor of Verizon New England Inc.(“Verizon”), which will be a non-exclusive right, privilege and easement to install the necessary poles, cables, wires, anchors, guys, braces, conduit, equipment and facilities to be owned, operated and maintained by Verizon for the transmission and distribution of intelligence and communication by electricity or otherwise, specifically to serve the telecommunication tower, various equipment shelters located within the Town’s property, and that any poles, cables, lines, equipment and appurtenant facilities and each and every part thereof, whether affixed to the land or not, shall be and remain the property of Verizon,
its successors and assigns.
Note: The town is obligated to grant the easement under section 7 of a lease dated June 27, 2006 between the Town of Raynham and Industrial Tower & Wireless; or take any action relative thereto.
~
ARTICLE 11. To see if the Town will vote to transfer the sum of $15,000 from the Borden Colony Rent Account to the Parks and Recreation Borden Colony Maintenance Account; or take any action relative thereto. (Submitted by Park & Recreation)
RECOMMENDED
ARTICLE 12. To see if the Town will vote to transfer the sum of $10,000 from the remaining funds of the June 16, 2003 Special Town Meeting Article 1, as originally submitted by the Parks and Recreation Department, for the demolition of the two silos at Borden Colony; or take any action relative thereto. (Submitted by Park & Recreation)
RECOMMENDED
ARTICLE 13. To see if the Town will vote to authorize a revolving fund under MGL, Ch. 44, sec. 53E½ that may be spent by the Parks and Recreation Department without further appropriation during FY 08 to pay salaries, expenses and contractual services required to operate its Before and After School Day Care, School Vacation and Kindergarten Extension Programs. The Revolving Fund is to be credited with all fees and charges received during FY 08 from persons using these services. The Parks and Recreation Department may spend $180,000 in revolving fund monies for these programs during FY 08; or take action relative thereto. (Submitted by Park & Recreation)
RECOMMENDED
ARTICLE 14. To see if the Town will vote to transfer the sum of $10,000 from the Parks and Recreation Before and After School Day Care Revolving Account for the construction of fencing at the Merrill School Football Field; or take any action relative thereto. (Submitted by Park & Recreation)
RECOMMENDED
ARTICLE 15. To see if the Town will vote to transfer $5,000 from the Parks and Recreation Before and After School Day Care Revolving Account to the Park and Recreation Programs Account; or take any action relative thereto. (Submitted by Park & Recreation)
RECOMMENDED
ARTICLE 16. To see if the Town will vote to raise and appropriate the sum of $1,549,355 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 17. To see if the Town will vote to raise and appropriate the sum of $ 9,900 for the purchase of a mower for the Cemetery Department; or take any action relative thereto. (Submitted by the Cemetery
Commission)
RECOMMENDED
ARTICLE 18. To see if the Town will vote to transfer the sum of $170,127 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. (Submitted by the Fire Department)
EMT Stipends $81,765
Wages $33,812
Expenses $54,550
Total $ 170,127
Note: This is a half-year budget; full year budget is $340,255.
RECOMMENDED
ARTICLE 19. To see if the Town will vote to raise and appropriate the sum of $15,000 in order to hire a part-time employee, under the supervision of the Town Administrator, for the purpose of coordination of volunteers in the three Raynham Schools, all activities to be authorized and monitored by the three school principals; or take any action relative thereto. RECOMMENDED
ARTICLE 20. To see if the Town will vote to appropriate the sum of $1,725,882.00 as categorized below to operate the sewer enterprise:
Note:
The Finance Committee recommends that the following sums be appropriated to operate the sewer enterprise:
Salaries and Wages 409,047.00
Expenses 770,500.00
Health Insurance 60,600.00
Sewer Maintenance Facility Debt 54,086.00
Sewer Construction Debt 431,649.00
------------------
Total $1,725,882.00
And that $1,725,882.00 be raised from sewer enterprise revenues; or take any other action relative thereto.
Supplemental Informational Note: Finance Committee recommends the following for full operation of the sewer enterprise:
Salaries and Wages 409,047.00
Expenses 770,500.00
Health Insurance 60,600.00
Indirect Costs 57,800.00
Sewer Maintenance Facility Debt 54,086.00
Sewer Construction Debt 1,726,599.00
------------------
Total $3,078,632.00
$1,725,882.00 to come from sewer enterprise revenues, $57,800.00 for indirect costs appropriated in the general fund and funded from sewer enterprise revenues, and $1,294,950.00 for debt appropriated in the general fund from the tax levy.
RECOMMENDED
ARTICLE 21. To see if the Town will accept as a gift, purchase, or take by eminent domain permanent sewer easements in portions of certain parcels of land, as shown on plan (1 sheet) entitled, “ Plan of Supplemental Easements for Proposed Sanitary Sewer Between Parkwood Drive and Walter Drive Town of Raynham, Massachusetts” dated, February 5, 2007, Tighe & Bond Consulting Engineers Westfield, MA 01805, prepared for Board of Sewer Commissioners and which is on file with the Office of the Town Clerk; or take any action relative thereto.
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.
Note: This Article will provide for the correction of sewer easements between Parkwood Drive and Walter Drive that occurred during Phase 6, Contract No. 1 sewer construction.
ARTICLE 22. To see if the Town will vote to transfer the sum of $ 386,867.00 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 $ 83,346.00
Wages $ 71,121.00
Expenses $ 232,400.00
Total $ 386,867.00
RECOMMENDED
ARTICLE 23. To see if the Town will vote to raise and appropriate or transfer the sum of $50,000.00 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)
RECOMMENDED
ARTICLE 24. To see if the Town will vote to accept the provisions of M.G.L.A. Chapter 41, sec. 108P to provide additional compensation in the amount of 10%(ten percent) of the regular annual compensation but not more than $1,000 per year to a collector / treasurer who completes the necessary training and receives certification from the Massachusetts Collectors and Treasurers Association as a Massachusetts Municipal Collector/ Treasurer; or take any action relative thereto.(Submitted by the Collector/Treasurer)
ARTICLE 25. To see if the Town will vote to accept as a gift a parcel of land identified as Parcel “A” from Carleen Farrington of 633 North Main Street as prepared on plan titled “Plan of Land” by Greenman-Peterson Inc., of Mansfield, Massachusetts, the engineer, dated March 16, 2007 showing the subdivision of two parcels for the purpose of using Parcel “A” for a new Town Way called Terrier Way, a copy of which is on file at the Town Clerk’s office, described as follows:
The line of location of the section of Parcel “A”, as hereby laid out is bounded westerly by the easterly location line of the 1996 town layout of North Main Street, and by the line described as follows: beginning at a point on said 1996 easterly location line of North Main Street at a point bearing N09°53’55”E and 21.17 feet distant from an iron pipe at an angle in said location line, thence turns and runs southerly to southeasterly along a curve to the left of twenty and no hundredths (20.00) feet radius thirty-two and fifty-six hundredths (32.56) feet to a point; thence runs south 83°-22’05” east one hundred twenty and seven hundredths (120.07) feet to a point; thence runs north 06°-37’-55” east thirty-five and fifty-four hundredths (35.54) feet to a
point; thence runs south 83°-22’-05” east fifty-eight and thirty-one hundredths (58.31) feet to a point; thence runs south 06°-37’55” west one hundred and no hundredths (100.00) feet to a point; thence runs north 83°-22’-05” west forty-one and sixty-nine hundredths (41.69) feet to a point; thence runs north 06°-37’-55” east twenty-four and forty-seven hundredths (24.47) feet to a point; thence runs north 83°22’05” west one hundred twenty-nine and thirty-one hundredths (129.31) feet to a point; thence runs southwesterly to southerly along a curve to the left of twenty and no hundredths (20.00) feet radius thirty-seven and eighty-one hundredths (37.81) feet to the point of ending thereof again on said July 16, 1996 Town layout of North Main Street; or take any action relative thereto. (Submitted by the Highway Department)
ARTICLE 26. To see if the Town will vote to grant an access easement for ingress and egress by vehicles and for all purposes for which a driveway would customarily be used in the Town of Raynham to Carleen Farrington of 633 North Main Street to use the property identified as Parcel “A” on a plan prepared on plan titled “Plan of Land” by Greenman-Peterson Inc., of Mansfield, Massachusetts, the engineer, dated March 16, 2007 showing the subdivision of two parcels for the future purpose of using Parcel “A” for a new Town Way. The Inhabitants of the Town of Raynham grant this easement to the owner of property identified as Parcel “B” on plan identified in this article and on Tax Map 8 Lot 31A until such time the parcel becomes a Town Way and the easement is no longer needed
and it becomes void; or take any action relative thereto. (Submitted by the Highway Department)
ARTICLE 27. To see if the Town will accept as a gift, purchase or take by eminent domain two parcels of land off of Pine Street shown as Parcels PT3 and PT4 on a plan entitled, “PLAN OF LAND TAKINGS TO BE ACQUIRED FOR PROPOSED STORMWATER POND, TOWN OF RAYNHAM, MASSACHUSETTS” prepared by Tighe & Bond Consulting Engineers of Westfield, MA, dated April 12, 2007, Scale 1” = 50’, a copy of which is on file with the Town Clerk, the legal descriptions of the two parcels being described below, for the public purpose of establishing a stormwater detention basin for the public purpose of alleviating stormwater along Pine Street, Leonard Street and Forest Street; and to transfer $
from a passbook account from the developers of Finch Farms Development for said purpose; or take any action relative thereto. (Submitted by the Highway Department)
PARCEL PT3
Commencing at a point, said point being located S74°39'00?E 55.00' from
an iron pin in the easterly sideline of Pine Street, said iron pin being the southwest corner of land now or formerly of Eleanor Thanos, Trustee Pine Realty Trust; thence from said point N07°03'23?E 16.00' to a point; thence the following four courses along lands now or formerly of Eleanor Thanos, Trustee Pine Realty Trust; N50°09'00?E 110.91' to a point, S39°51'00?E 115.38' to a point, S50°09'00?W 50.00' to a point thence N74°39'00?W 127.20' along lands now or formerly of Robert E. and Debra A Pohl to the point of beginning; and containing 10,290 square feet more or less.
PARCEL PT4
Commencing at a point, said point being located S74°39'00?E 55.00' from an iron pin in the easterly sideline of Pine Street, said iron pin being the northwest corner of land now or formerly of Robert E. and Debra A Pohl; thence from said point the following two courses S10°11'34?W 37.00', S74°39'00?E 170.43' along lands now or formerly of Robert E. and Debra A Pohl to a point along the southwesterly line of lands now or formerly of Eleanor Thanos, Trustee Pine Realty Trust; thence the following two courses along lands now or formerly of Eleanor Thanos, Trustee Pine Realty Trust; N39°51'00?W 64.55' to a point, N74°39'00?W 127.20' to the point of beginning; and containing 5,598 square feet more or less.
ARTICLE 28. To see if the Town will vote to approve the Tax Increment Financing Agreement between the Town and Battery Engineering, Inc. and its Division Electrochem Commercial Power substantially in the form as is on file with the Town Clerk (the “TIF Agreement”), pursuant to Massachusetts General Laws, Chapter 40, Section 59, as an Economic Opportunity Area (“Battery Engineering, Inc. and its Division Electrochem Commercial Power, Economic Opportunity Area”) and to authorize the Board of Selectmen to submit an Economic Opportunity Area Application, Tax Increment Financing Plan which is for 10 years, and Certified Project Application to the Massachusetts Economic Assistance Coordinating Council all relating to the project located on a parcel identified as Assessor’s Map 15, Lot 176-3. Said Agreement shall be considered in return for locating said business in Town and a subsequent increase in the assessed value of the property based on improvements to said property. To take such
other actions as may be necessary to obtain approval of the Certified Project Application, the Economic Opportunity Area, the Tax Increment Financing Plan, and TIF Zone and to implement the TIF Agreement; or take any action relative thereto.
ARTICLE 29. To see if the Town will vote to accept as a Town Way the roadway known as Brook Street, including the drainage detention areas, as shown on a recorded plan of land entitled, “Rolling Brook Estates, A 14-Lot Single Family Residential Development in Raynham, MA” submitted 10/25/01 with a final revision date of 4/25/02, prepared by Yarworth Engineering and recorded with the Bristol County Northern District Registry of Deeds, Plan Book 408, Page 2 thru 5, such acceptance being subject to conveyance in fee of said way and conveyance of the drainage detention areas by easement, by the owner or owners at no cost to the Town; or take any action relative thereto.
ARTICLE 30. To see if the Town will vote to accept as a Town Way the roadway known as Sunflower Drive, as shown on a recorded plan of land entitled “Elmwood Estates” and recorded with the Bristol County Registry District of Land Court, filed with Certificate Number 1384, in Book 415, Pages 51-58. Such acceptance being subject to conveyance, in fee of said way by the owner, at no cost to the Town; or take any action relative thereto.
ARTICLE 31. To see if the town will vote to amend Raynham’s Zoning By-laws Article 4: Permitted Uses Section 4.10 by adding the following new language in bold print.
4.10 PERMITTED USES: DESIGNATED DEVELOPMENT DISTRICT ~~~~~~~~
(b). ~Research and development, engineering, light manufacturing and assembly, high technology, warehouse or distribution center, communications and utilities facilities, and other similar commercial uses, except that any such use that would be injurious, obnoxious, offensive, or hazardous to the surrounding area by reason of actual or probable emission of noise, odors, gases, liquids, dust, chemicals, fumes or smoke shall be prohibited.
e. Specialty Retail the selling of goods, wares or merchandise directly to the ultimate consumer, which goods, wares or merchandise are directly related to and are incidental to the uses in Section 4.10; or take any action relative thereto.
ARTICLE 32. To see if the town will vote to amend the Town of Raynham’s Zoning By-laws Article 6: Regulations Section 6.5 by adding the following language in bold print and by deleting the following strikethrough language.
6.5 OFF-STREET PARKING AND LOADING (complete section amended S.T.M. 2/12/90)
Business and Industrial Districts (amended A.T.M. 5/20/02)
(a.) MINIMUM SETBACK REQUIREMENTS. No paved area designated for parking on a lot shall be located closer than ten twenty (20) (10) feet from the edge of pavement for any street. No paved area designed for parking on a lot shall be located closer than seven and a half feet from any building wall.
(b.) MINIMUM 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 ½ feet.
(d). MINIMUM REQUIRED SPACES. The minimum required number of off-street parking spaces shall be as follows, provided that: (i) if a building 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 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 500 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 350 square feet of gross
floor area;
(4). LIGHT MANUFACTURING AND ASSEMBLY — one (1) space
for each 400 square feet of gross floor area;
(5). WAREHOUSE OR DISTRIBUTION CENTER — one (1) space
for each 500 square feet of gross floor area;
(6). CONFERENCE FACILITY — one (1) space for each three (3) seats of
seating capacity;
(7). A. RESTAURANT - one (1) parking space for each three (3) seats
of seating capacity except if (7) (B.) is applicable;
B. RESTAURANT - one (1) parking space for every two (2) occupants seats based on the actual occupant load listed on the application for certificate of inspection approved by the Building Department and Fire Department of seating capacity for restaurants that serve alcoholic beverages under Chapter 138 of Massachusetts General Laws; or take any action relative thereto.
ARTICLE 33. To see if the town will vote to amend the Town of Raynham’s Zoning By-laws Article 6: Regulations Section 6.6.9 by adding the following language in bold print and by deleting the following strikethrough language.
A. NON-STANDING SIGNS
ATTACHMENT OF SIGNS: WALL MOUNTED SIGNS
4. The wall mounted sign shall not be greater than (120) square feet which includes logos, business name and all other visual and/or written communication.
Size: The area of the sign shall not exceed fifteen(15) percent of the area of the wall on which the sign is located.
C. NUMBER: There shall be not more than two nonstanding exterior signs for each business establishment, and no more than one free standing sign per lot (land ownership); except that two free-standing signs may be permitted on the premises in business and industrial districts, if the lot frontage is a minimum of 250 feet and multiple store units of 10 or more exist on said lot. Said signs shall be separated by at least 100 feet. (amended A.T.M. 5/16/94); or take any action relative thereto.
ARTICLE 34. To see if the town will vote to amend the Town of Raynham’s Zoning By-laws Article 6: Regulations Section 6.9.1 by deleting the following strikethrough language; or take any action relative thereto.
~~
6.9.1 GENERAL PROVISION. ~~Any Designated Development District shall contain not less than 250 acres of contiguous land separated only by streets, or ways, except that and a Designated Development District may not be divided by a state owned highway. All lots and improvements in a Designated Development District shall be governed by this Section 6.9. ~If there is any conflict between Section 6.9 and other requirements of this By-Law, the provisions of this Section 6.9 shall control.
ARTICLE 35. To see if the town will vote to amend Town of Raynham’s Zoning By-laws Article 6: Regulations Section 6.9.4 by adding the following language in bold print.
6.9.4 HEIGHT LIMITATIONS. ~No building or other improvement located in a Designated Development District shall exceed six (6) four (4) stories or 50 feet in height, other than a hotel, which shall not exceed eight (8) stories or 90 feet in height; or take action relative thereto.
ARTICLE 36. To see if the town will vote to amend Raynham’s Zoning By-laws Article 6: Regulations Section 6.9.6 by adding the following language in bold print and by deleting the following strikethrough language.
6.9.6 ACCESSORY USES AND STRUCTURES. ~Accessory uses and structures
incidental or subordinate to a permitted main use or structure including without limitation, any accessory use incidental to scientific research or development or related production shall be permitted in a Designated Development District. ~Included within permitted accessory uses and structures are communication facilities, and a parking garage and a heliport, provided that such communication facilities, parking garage and/or heliport primarily services the occupants of the lot or lots so served; or take action relative thereto.
ARTICLE 37. To see if the town will vote to amend the Town of Raynham’s Zoning By-laws Article 6: Regulations Section 6.9.7 by adding the following language in bold print and by deleting the following strikethrough language.
6.9.7 OFF-STREET PARKING REQUIREMENTS IN A DESIGNATED DEVELOPMENT
DISTRICT:
(b). MINIMUM 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.
(d). MINIMUM REQUIRED 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 500 square feet of gross floor area;
(2). Office/Banking 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 350 square feet of gross floor area;
(4). Light Manufacturing and Assembly - one (1) space for each 400 square feet of gross floor area;
(5). Warehouse or Distribution Center - one (1) space for each 500 square feet of gross floor area;
(6). Conference Facility - one (1) space for each three (3) seats of seating capacity;
(7). RESTAURANT - one (1) parking space for each three (3) seats
of seating capacity except if (7) (B.) is applicable;
B. RESTAURANT - one (1) parking space for every two (2) occupants seats based on the actual occupant load listed on the application for certificate of inspection approved by the Building Department and Fire Department and of seating capacity for restaurants that serve alcoholic beverages under Chapter 138 of Massachusetts General Laws; or take any action relative thereto.
ARTICLE 38. To see if the town will vote to amend the Town of Raynham’s Zoning By-laws Article 12: Wireless Communications Services Section 12.18 by deleting the following strikethrough language.
Accessory uses shall be limited to one (1) structure per use per tower, but shall not exceed ten (10) structures per tower. If more than one (1) use, the accessory building shall be connected by a common wall. Each structure shall not exceed four hundred (400) square feet in size and ten (10) feet in height, and shall be designed to architecturally blend in with the surrounding buildings or structures; or take any action relative thereto.
ARTICLE 39. To see if the town will vote to amend the Town of Raynham’s Zoning By-laws Article 16: Subdivision Phasing by adding the following new language in bold print and by deleting the following strikethrough language:
Article 16 - Subdivision Phasing
(added at Annual Town Meeting of May 15, 2000)
16.1 Purpose. The purpose of this section, “Subdivision Phasing,” is to assure that growth shall phased so as not to unduly strain the town’s ability to provide public facilities and services in accordance with M.G.L Chapter 41, Section 106B, the Town’s Ten Year Capital Plan from July 1, 2000 to June 30, 2010 and The Inter-municipal Sewer Agreement between the City of Taunton and the Town of Raynham dated October 3, 2006, so that it will not disturb the social fabric of the community, so that it will be in keeping with the community’s desired rate of growth; and so that the town can study the impact of growth and plan accordingly.
16.3 Phasing. Not more than 7 10 building permits shall be issued in any twelve month period for construction of residential dwellings on any tract of land divided into more than 7 lots pursuant to any provision of G.L. c. 41, ss. 81K-81GG, the Subdivision Control Act.
16.4 Exceptions. Issuance of more than 7 10 building permits for the same tract of land in a twelve month period may be allowed in the following circumstances:
The owner of said land may apply for a special permit from the Planning Board for the issuance of more than 7 10 building permits in any twelve month period. The Planning Board may grant a special permit only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit. The Planning Board shall consider the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, preservation of unique natural features, planned rate of development, diversity of housing stock, and housing for senior citizens and people of low or moderate income, as well as conformance with the Master Plan prepared by the
Planning Board pursuant to G.L. c. 41, s. 81D. The Planning Board shall give particular consideration to proposals that:
demonstrate a permanent reduction in allowable density of fifty percent (50%) or more; or
commit more than twenty percent (20%) of the dwelling units to persons of low or moderate income, as those terms are defined for the Raynham area by the Department of Housing and Community Development, for a period of not less than fifteen thirty years; or
commit more than twenty percent (20%) of the dwelling units to persons over the age of fifty-five; or
devote more than sixty percent (60%) of the tract to open space; or
rely exclusively on on-site wastewater for domestic purposes.
Where a special permit is granted pursuant to this Section 4.a, any building permits issued for dwelling units within the division of land shall not count toward the 24 permits to be issued town-wide annually pursuant to Section 15.2.3.
The owner of a tract of land to be divided into more than 105 lots, may
seek a special permit from the Planning Board which would authorize development at a rate not to exceed ten twenty percent (10%) (20%) of the units per year; or take any action relative thereto.
ARTICLE 40. To see if the town will vote to amend the Town of Raynham’s Zoning By-laws Article 17: Transfer of Developments Rights by adding the following language in bold print and by deleting the following strikethrough language.
Article 17: Transfer of Development Rights
(added at Special Town Meeting of November 5, 2001)
17.1 Purpose and Intent:
This bylaw enables the transfer of development potential from one area parcel to another. The transfer of development rights (TDR) makes it possible to greatly restrict or even prohibit development entirely in one area called the Sending/Preservation Area and transfer those rights to another area called the Receiving Area where there are little or no impediments to higher density, such as an area serviced by public water and sewer. The density is transferred from a "sending" area parcel to a "receiving" parcel area. By creating receiving areas parcels as markets for the sale of unused development rights in the sending parcels areas, TDR program encourages the maintenance of
low-density land uses, open spaces, historical features, critical environmental resources, and other sensitive features of the designated sending parcels areas. When the owner of a sending parcel area sells development rights to the owner of a receiving parcel area, the purchaser thereby increases the development rights beyond otherwise permissible limits. In this manner, local governments can protect a variety of sensitive features while providing a mechanism to compensate any perceived diminution in land development potential. The TDR program is consistent with the Raynham Master Plan to further the conservation and preservation of natural and undeveloped areas, wildlife, flora, and habitats for endangered species; the preservation of coastal resources including aquaculture; protection of ground water, surface water, as well as other natural resources; balanced economic growth; the provision of
adequate capital facilities, including transportation, water supply, and solid, sanitary, and hazardous waste disposal facilities; the coordination of the provision of adequate capital facilities with the achievement of other goals; the development of an adequate supply of affordable housing; and the preservation of historical, cultural, archaeological, architectural, and recreational values.
17.2 Definitions
Development Rights: Rights to develop a single-family house lot, expressed as the maximum number of lots permissible on a designated sending parcel area or parcels areas under the applicable zoning bylaws and subdivision rules and regulations in effect on the date of the determination. of the transfer of development rights. Development rights (house lots) are computed on a one for-one-basis. Development rights shall not be less than one for one; however, determination of the maximum number of development rights (house lots) available for transfer shall be made by the Special Permit Granting Authority (Planning Board) in accordance with Section 17.3.
The development rights will be forfeited on the sending area or areas once one development right is transferred from that sending area.
TDR Certificate:
Is a document that is recorded at the Registry of Deeds that identifies the Development Right(s) that were approved by the SPGA available for transfer to a sending area or areas.
Transfer of Development Rights (TDR): The severance of development rights from a sending area or areas and the affixing of development rights onto a receiving area or areas. A development right (house lot) can be transferred from a sending parcel(s) to a receiving area. A “receiving area” is defined as a lot or lots in a Residential A or B Zoning District residential subdivision. Development rights can be transferred to multiple areas parcels. if multiple parcels are under consideration for a residential subdivision in order to increase the number of house lots for said development. The dimensional requirements for density of
said receiving area or areas may would be increased above existing zoning bylaw requirements (See Section 17.6) in order to accommodate the transferred development rights.
Sending Area Parcel(s): An parcel or parcels area or areas of land determined by the Planning Board to be of special importance to remain in a natural state because of its visual prominence, potential vista impairment, ecological significance, fragility, special importance as farmland, its value for recreation, future Town water supply, or because it is important to the Town’s Open Space Plan and/or Town’s Master Plan. The sending area parcel or areas parcels must be residentially zoned. from which development rights may be transferred.
Receiving Area: A previously approved subdivision serviced by Town water or sewer, which can support the increased development and complies with the most recently amended Zoning Bylaws and Planning Board Rules and Regulations. A receiving area shall be a lot or lots within a Residential A or B Zoning District which are serviced by municipal water and sewer. services.
17.3 Determination of Development Rights
To establish the development rights available for transfer, the Planning Board, acting as the Special Permit Granting Authority (SPGA) may shall require the applicant for residentially zoned land to submit a preliminary plan or a more detailed subdivision plan, as defined by the Planning Board’s subdivision rules and regulations as most recently amended. The purpose of the preliminary plan is to illustrate the number of lots or dwelling units that would be available if the sending area or areas were developed as a conventional subdivision, and that number shall serve as the basis for the number of TDR’s available.
After a hearing to establish the number of development rights available for transfer in accordance with paragraph (a) above, the Planning Board will issue individual certificates for the number of development rights available for transfer.
17.4 Determination of Receiving Area or Areas
(a) Once a receiving area has been identified, and approved by the SPGA, the applicant may apply for a release of a TDR Certificate or Certificates.
(b) Development rights may be transferred at a rate expressed as the maximum number of lots permissible on a designated sending area parcel or areas parcels under the applicable zoning bylaws and subdivision rules and regulations in effect on the date of approval of the transfer of development rights.
(c) The lot(s) created in the receiving area or areas must comply with all existing density limitations imposed by the Raynham Zoning Bylaws the minimum dimensional requirements of Section 17.6. as well as those that may be imposed as a condition of a special permit and effective at the time of application for approval of the proposed development.
(d) The credited land must not be wetlands as defined in MGL 131 Section 40 or be used to satisfy lot area requirements for any other development.
17.4 17.5 Permanent Development Restrictions
Any lot or lots deemed to meet the standard of qualifying for a transfer must be either conveyed to the town at no cost, or be permanently restricted from future development by way of a development restriction, such as, but not limited to, a conservation restriction or agricultural preservation restriction in accordance with Massachusetts General Law Chapter 184, Section 31-33 as most recently amended. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court prior to the conveyance of any building lot development right. A management plan may be required by the Planning Board, which may describe how existing woods, fields, meadows or
other natural areas shall be maintained in accordance with good conservation practices, or how the sending area will be utilized for active or passive recreation. Upon receipt of a special permit for development where such special permit is conditional upon the voluntary, permanent restriction of development rights, no TDR Certificate shall be released to the applicant until all documents described in this bylaw have been recorded in the appropriate Registry of Deeds. (highlighted portion added at S.T.M. of November 18, 2002.)
17.5 17.6 Receiving Area
The lot sizes for the receiving shall area must comply with the minimum dimensional requirements below:
Minimum Dimensional Requirements
Minimum area 20,000 sq. ft.
Minimum upland 10,000 sq. ft.
Minimum frontage 100 ft.
Minimum front yard setback 45 ft.
Minimum side & rear yard setbacks 20 ft.
(highlighted portions added S.T.M. November 18, 2002)
The Special Permit is not effective until the purchased development rights from the sending area parcel or areas parcels are under a conservation restriction as required by Section 17.5.
** Frontage on a cul-de-sac may be 50 feet, but must have a lot width of 100 feet at the front yard setback (** Added ATM 5/29/03)
17.6 17.7 Title Recordation, Tax Assessment, and Restriction of Development Rights
All instruments implementing the transfer of development rights shall be recorded in the manner of a deed in the Registry of Deeds of the jurisdiction for both sending and receiving parcels. The Certificate evidencing such TDRs shall specify the Town of Raynham Assessors map and lot number, as well as a legal description and/or a reference to a recorded plan, for the sending and receiving area(s), of the sending parcel(s) and the map and lot of the receiving parcel(s), together with the name of the owner of each parcel and a title reference.
(c) The record owner of the sending area or areas parcel shall record at the Registry of Deeds the restriction prior to the transfer of the first development right. shall, within forty-five (45) days of receipt of a special permit authorizing TDRs, record a Conservation Restriction as defined by G.L. c. 184 §§31-33 running in favor of the Town prohibiting, in perpetuity, the construction, placement, or expansion of any new or existing structure or other development on said sending parcel. Evidence of said recording shall be transmitted to the SPGA Planning Board indicating the date of recording and deed book and
page number at which the recording can be located. The grant of the special permit to transfer development rights shall be conditioned upon such recording restriction, and no special permit for a transfer of development rights shall be effective until the development restriction is recorded.. restriction noted above has been recorded at the Registry of Deeds.
17.7 Severability:
If a court of competent jurisdiction holds any provision of this bylaw invalid, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Town’s zoning bylaw; or take any action relative thereto.
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 10th day of April in the year of our Lord two thousand and seven.
________________________________
DONALD L. McKINNON
________________________________
RAYMOND W. PLATT
________________________________
JOHN M. DONAHUE
SELECTMEN OF RAYNHAM
A true copy. Attest:
________________________
Louis Pacheco, Constable
April 10, 2007
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.
_________________________________
Louis Pacheco, Constable of Raynham
| 
