ANNUAL TOWN MEETING
TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
5-17-2004
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 19th 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)
ARTICLE 5. 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, 2004, in accordance with the provisions of the Gen. Laws. Ch. 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.
ARTICLE 6. To see if the Town will vote to raise and appropriate or transfer the sum of $7,000 for the payment of any bills incurred during the previous fiscal year which remain unpaid; or take any action relative thereto.
ARTICLE 7. 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; and $400 for quarters for the Veterans of Foreign Wars, Post #2360; or take any action relative thereto.
ARTICLE 8 To see if the Town will vote to raise and appropriate or transfer the sum of $2,064 to the Raynham Cable Advisory Committee to be used to stimulate local programming; or take any action relative thereto.
ARTICLE 9. To see if the Town will vote to transfer $__________ from Borden Colony Rent to the Borden Colony Revolving Account, or take any action relative thereto. (Submitted by the Park and Recreation Department)
ARTICLE 10. To see if the Town will vote to raise and appropriate or transfer the sum of $247491 for operation of the Raynham Public Library; or take any action relative thereto.
ARTICLE 11. To see if the Town will vote to raise and appropriate or transfer the sum of $35,000 for Tax Title Expenses, or take any action relative thereto. (Submitted by the Town Treasurer)
ARTICLE 12. To see if the Town will vote to raise and appropriate $693,525 for the payment to Massachusetts Water Pollution Abatement Trust of the principal of the maturing debt of the Raynham Sewer System Phase III, Phase IV and Phase V, or take any action relative thereto. ($219,364 is for Sewer Phase III and $223,730 is for Sewer Phase IV; $250,431 is for Sewer Phase V).
ARTICLE 13. To see if the Town will vote to raise and appropriate the sum of $280,360 for the payment to Massachusetts Water Pollution Abatement Trust of the interest of the maturing debt of the Raynham Sewer System Phase III, Phase IV and Phase V, or take any action relative thereto. ($56,298 is for Sewer Phase III and $50,243 is for Sewer Phase IV; and $173,819 is for Sewer Phase V).
ARTICLE 14. To see if the Town will vote to raise and appropriate the sum of $23,268 for the payment to Massachusetts Water Pollution Abatement Trust of the administrative fees due on the maturing debt of the Raynham Sewer System Phase III, Phase IV and Phase V, or take any action relative thereto. ($6,597 is for Sewer Phase III and $6,954 is for Sewer Phase IV and $9,717 is for Phase V).
ARTICLE 15. To see if the Town will vote to raise and appropriate or transfer the sum of $285,000 for the payment of the principal of the maturing debt of the General Obligation Bonds for the Raynham Sewer System, or take any action relative thereto. ($60,000 is for Sewer Phase III; $70,000 is for Sewer Phase IV; and $155,000 is for Sewer Phase V).
ARTICLE 16. To see if the Town will vote to raise and appropriate or transfer the sum of $211,376 for the payment of the interest of the maturing debt of the General Obligation Bonds for the Raynham Sewer System, or take any action relative thereto. ($38,555 is for Sewer Phase III; $47,270 is for Sewer Phase IV; and $125,551 is for Sewer Phase V).
ARTICLE 17. To see if the Town will vote to raise and appropriate or transfer the sum of $118,500 for the payment of the principal of the maturing debt on the General Obligation Bonds, for Land Acquisition, Senior Center, School Boiler and for the paydown of the principal for the Police/Town Office Addition, or take any action relative thereto. ($25,000 is for Land Acquisition; $50,000 is for Senior Center; and $35,000 is for School Boiler and $8,500 is for paydown of the principal for Town Hall Addition).
ARTICLE 18. To see if the Town will vote to raise and appropriate or transfer the sum of $43,762 for the payment of the interest of the maturing debt on the General Obligation Bonds, for Land Acquisition, Senior Center and School Boiler, or take any action relative thereto. ($17,225 is for Land Acquisition; $16,250 is for Senior Center; and $10,287 is for School Boiler).
ARTICLE 19. To see if the Town will vote to raise and appropriate or transfer the sum of $2,905 for the payment of the Title 5 Septic System Loan Program to Massachusetts Water Pollution Abatement Trust, or take any action relative thereto.
ARTICLE 20. To see if the Town will vote to transfer $1,232,000 from the stabilization account established for the purpose of funding Raynham’s share of the land purchased for the new Bridgewater-Raynham Regional High School to the Bridgewater-Raynham Regional School District for that purpose, or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 21. To see if the Town will vote to raise and appropriate or transfer the sum of $285,614 for the purpose of paying the principal and interest on the bonds for the new Middle School and the interest on the short term notes for the LaLiberte Junior High School and Lillie B. Merrill School Renovation Projects, or take any action relative thereto.
ARTICLE 22. To see if the Town will vote to raise and appropriate $22,000 for preliminary architectual services including cost estimates for conversion of the Sullivan School to new Town Offices, or take any action relative thereto. (Submitted by the Board of Selelctmen)
ARTICLE 23. To see if the Town will raise and appropriate the sum of $3,000 for a new printer for the Town Collector’s Office. (Submitted by the Town Collector)
ARTICLE 24. To see if the Town will vote to transfer the sum of $150,000 from the Ambulance Account to the Fire Department Wage Account, or take any action relative thereto. (Submitted by the Fire Department)
ARTICLE 25. To see if the Town will vote to transfer the sum of $366,725 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 $ 92,600.00
Wages $ 53,425.00
Expenses $220,700.00
Total $366,725.00
ARTICLE 26. 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 hiring professional services, purchasing materials and/or outside contractors 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)
ARTICLE 27. To see if the Town will vote to raise and appropriate or transfer the sum of $100,000.00 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)
ARTICLE 28. 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)
ARTICLE 29. To see if the Town will vote to transfer the balance of the Landfill budget at the end of FY2004 to the Special Landfill account to offset the cost of operating the Town’s solid waste and recycling facility and maintaining landfill infrastructure as result of closure; or take any action relative thereto. (Submitted by the Highway Department)
ARTICLE 30. To see if the Town will vote to transfer the balance of Article 3 of the November 18, 2002 Special Town Meeting ($5,204) to the Special Landfill account to offset the cost of operating the Town’s solid waste and recycling facility and maintain landfill infrastructure as result of closure; or take any action relative thereto. (Submitted by the Highway Department).
ARTICLE 31. To see if the Town will vote to raise and appropriate or transfer the sum of $20,500.00 for the purpose of design, permitting, bidding and construction inspection of a system to replace flash boards for Johnson’s Pond, or take any action relative thereto. Note: New system will be designed such that it will not require extensive permitting because the pond will not need to be drained when the top boards are replaced. Construction costs are expected to be approximately $40,000.00 (Submitted by the Highway Department)
ARTICLE 32. To see if the Town will vote to raise and appropriate or transfer the sum of $21,000.00 for a feasibility study by consulting engineers to determine the design, project land area, construction cost, potential funding sources and options to replacing the Gardiner Street bridge, or take any action relative thereto. (Submitted by the Highway Department)
ARTICLE 33. To see if the Town will vote to adopt as a General By-law the following, or take any action relative thereto. (Submitted by the Highway Department)
Section 2/33. SNOW & ICE REMOVAL
The Town is not responsible for damage incurred to mail boxes, fences, trees, shrubs and/or other obstructions located within the the Town layout, resulting from snow removal.
ARTICLE 34. To see if the Town will vote to amend the Street Opening By-Law by inserting the following language as a separate paragraph at the end of Section III. GENERAL, or take any action relative thereto:
No street opening permit shall be granted on newly paved roadways for five (5) years after the final road surface is applied and ending on December 31th of the fifth calendar year following; provided, however, that the permit will be granted in the event that a public health condition exists regarding an existing home, business and/or industry upon a majority vote of the Board of Health recommending the permit.
ARTICLE 35. To see if the Town will vote to authorize the Board of Selectmen to pursue the enactment of legislation by the Massachusetts legislature to remove the agricultural preservation restriction from certain land abutting Thrasher Street and King Philip Street in Raynham from the APR land know as Borden Colony (Assessors map 11 and 10a - lot 256 B) for the purpose of establishing a uniform 60’ roadway lay out for both streets, or take any action relative thereto.
ARTICLE 36. To see if the Town will accept as a gift, purchase or take by eminent domain a perpetual drainage easement as described below for the public purpose of alleviating street flooding:
Beginning at a point on the Northerly side of Gilmore Street said point being the south easterly corner of the subject parcel; thence north 5332’33” west by northerly side of the Gilmore street 150 feet to a point for a corner; thence turning and running north 7449’40” east 25.5 feet to a point; thence turning and running south 5332’33” east 139.16 feet to a point for a corner; thence turning and running south 5028’06” west 20.61 feet to a point of beginning. Said easement area is reserved to the Town of Raynham to allow the Town to enter upon said easement area for the purpose of maintaining, cleaning, and repairing the drainage easement and drainage pipes located within the easement area; or take any action relative thereto.
ARTICLE 37. To see if the Town will vote to transfer the sum of $839,252.00 from the sewer enterprise account to operate the sewer department or take any action thereto.
Note:
The Finance Committee recommends that the following sums be appropriated to operate the sewer department:
Salaries and Wages 326,152.00
Expenses 513,100.00
--------------
Total $839,252.00
ARTICLE 38. To see if the Town will vote to authorize the engineering, design and construction of a sewer maintenance facility for the Sewer Department, to appropriate the additional sum of $400,000 for said purpose, to authorize the Treasurer, with approval of the selectmen, to raise and appropriate said amount by borrowing for a term up to twenty years pursuant to M.G.L. Chapter 44, as amended; and to transfer the principal and interest payments from the sewer enterprise account over twenty years for the payment of the principal and interest of the maturing debt, or take any action relative thereto. (Submitted by the Sewer Department)
Note: This Article will be combined with Article 29 approved at the 2003 Annual Town Meeting for the construction of a sewer maintenance facility. The principal and interest of the maturing debt shall be paid over twenty years from the sewer enterprise account and sewer user charges. Accordingly all payments of principal and interest starting at about $72,000 and decreasing to about $41,600 after twenty years shall be transferred from the sewer enterprise account.
ARTICLE 39. To see if the Town will accept as a gift, purchase, or take by eminent domain, certain parcels of land, and certain temporary and permanent easements, all as shown on plans entitled, “Plan of Easements and Land to be acquired by Board of Sewer Commissioners, Raynham, Massachusetts, Tighe & Bond, Consulting Engineers, Westfield, MA 01085”, and which are 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 land takings and easements required for Contract No. 1 of Phase 6 sewer construction. Contract No. 1 provides for the construction of sewers to Forest Street, Walter Drive, Everett Drive, Parkwood Drive, and portions of Locust, Judson, and Leonard Streets.
ARTICLE 40. To see if the Town will vote to raise and appropriate or transfer the sum of $30,000.00 for the purpose of applying for a grant to fund an expansion of the Senior Center located at Borden Colony, or take any action relative thereto. This money will be used for the development of complete architectural plans, obtaining town permits, administrative costs associated with the development of architectural plans and administrative costs associated with applying for the grant. Additionally, part of this money may be used to conduct a survey of the senior center users in order to meet grant guidelines.
(Submitted by the Council on Aging)
ARTICLE 41. To see if the Town will vote to rescind the authorization to borrow $150,000 for the Route 44/Church St. traffic signal as set forth in Article 14 of the 2001 Annual Town Meeting, or take any action relative thereto.
Note: The State has funded the full cost of the project.
ARTICLE 42. To see if the Town will vote to rescind any further authorization to borrow money in excess of the $350,000 already borrowed for the Police/Town Office addition as set forth in Article 29 of the 2000 Annual Town Meeting, or take any action relative thereto.
Note: The project has been completed.
ARTICLE 43. 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 beginning in FY 2005 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 exemption[s] 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 Board of Selectmen)
ARTICLE 44. To see if the Town will vote to accept as Town Ways the roadways known as Suzanne Drive and Gretchen Way as shown on a recorded plan of land entitled, “Braemoor Woods Definitive Subdivision Plan of Land in Raynham, MA” dated May 17, 1991, prepared by Hayward-Boynton & Williams, Inc., and recorded with the Bristol County Northern District Registry of Deeds, Plan Book 288, Page 76 thru 80, such acceptance being subject to conveyance in fee of said ways by the owner or owners at no cost to the Town, or take any action relative thereto.
ARTICLE 45. To see if the Town will vote to accept as a Town Way the roadway known as Rachel Drive as shown on a recorded plan of land entitled, “Warren Street Estates Subdivision Plan in Raynham, MA” dated December 9, 1993, prepared by Earth Services Corporation, and recorded with the Bristol County Northern District Registry of Deeds, Plan Book 338, Page 16, such acceptance being subject to conveyance in fee of said way by the owner or owners at no cost to the Town, or take any action relative thereto.
ARTICLE 46. To see if the Town will vote to accept as Town Ways the roadways known as Forge River Parkway and Bellows Road as shown on a recorded plan of land entitled, “Old Farm Village at Forge River Definitive Subdivision Plan in Raynham, MA” dated March 7, 2000, prepared by J.K. Holmgren & Associates Inc., and recorded with the Bristol County Northern District Registry of Deeds, Plan Book 274, Page 5 thru 7, such acceptance being subject to conveyance in fee of said ways by the owner or owners at no cost to the Town, or take any action relative thereto.
ARTICLE 47. To see if the Town will vote to accept as a Town Way the roadway known as Mary-Lou’s Court as shown on a recorded plan of land entitled, “Mary-Lou Estates, Definitive Subdivision Plan of Land in Raynham, MA” dated August 12, 1998, prepared by Gallagher Engineering Inc., and recorded with the Bristol County Northern District Registry of Deeds, Plan Book 8515, Page 48, such acceptance being subject to conveyance in fee of said way by the owner or owners at no cost to the Town, or take any action relative thereto.
ARTICLE 48. To see if the Town will vote to accept as Town Ways the roadways known as Wampanoag Road, Arrowhead Lane and Pontiac Road as shown on a recorded plan of land entitled, “King Philip Estates Definitive Subdivision Plan of Land in Raynham, MA” dated August 15, 1996, revisions thru November 21, 1997 and prepared by Hayward-Boynton & Williams, Inc., and recorded with the Bristol County Northern District Registry of Deeds, Plan Book 74, Pages 25-28, such acceptance being subject to conveyance in fee of said ways by the owner or owners at no cost to the Town, or take any action relative thereto.
ARTICLE 49. To see if the Town will vote to accept as Town Ways the roadways known as Anawan Street, Sachem Road, Weetamoe Lane and Mohawk Road as shown on a recorded plan of land entitled “Modification of King Philip Estates Definitive Subdivision Of Land in Raynham, Massachusetts” prepared by Hayward-Boynton and Williams, Inc. dated December 3, 1997 with revisions thru January 26, 2000 and recorded with Bristol County Northern District Registry of Deeds in Plan Book 385 at Pages 29 to 38, such acceptance being subject to conveyance in fee of said ways by the owner or owners at no cost to the Town; or take any action relative thereto.
ARTICLE 50. To see if the Town will vote to abandon a sewer easement in the abandoned portion of Judson Street and to accept in exchange therefrom, an easement to the existing sewer manhole cover located in the abandoned portion of Judson Street, or take any action relative thereto.
ARTICLE 51. To see if the Town will vote to amend the Town of Raynham General By-Laws by adding the following section; or take any action relative thereto. (Submitted by the Conservation Commission)
2/34. WETLANDS BYLAW
I. Purpose
The purpose of this bylaw is to protect the wetlands, water resources, and adjoining land areas in the Town of Raynham by controlling activities deemed by the Conservation Commission likely to have a significant or cumulative effect upon resource area values, including but not limited to the following: public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention including coastal storm flowage, water quality, water pollution control, fisheries, shellfisheries, wildlife habitat, rare species habitat including rare plant species, agriculture, aquaculture, and recreation values, deemed important to the community (collectively, the "resource area values protected by this bylaw"). This bylaw is intended to utilize the Home Rule authority of this
municipality to protect additional resource areas, for additional values, with additional standards and procedures stricter than those of the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations thereunder (310 CMR 10.00), subject, however, to the rights and benefits accorded to agricultural uses and structures of all kinds under the laws of the Commonwealth.
II. Jurisdiction
Except as permitted by the Conservation Commission or as provided in this bylaw, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas: any freshwater or coastal wetlands; marshes; wet meadows; bogs; swamps; vernal pools; banks; reservoirs; lakes; ponds of any size; rivers; streams; creeks; beaches; dunes; estuaries; the ocean; lands under water bodies; lands subject to flooding or inundation by groundwater or surface water; lands subject to tidal action, coastal storm flowage, or flooding; and lands abutting any of the aforesaid resource areas as set out in §VII (collectively the "resource areas protected by this bylaw"). Said resource areas shall be protected whether or not they border surface
waters.
III. Exemptions and Exceptions
The application and permit required by this bylaw shall not be required for work performed for normal maintenance or improvement of land in agricultural use as defined by the Wetlands Protection Act Regulations at 310 CMR 10.04.
The application and permit required by this bylaw shall not be required for maintaining, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph, or other telecommunication services, provided that written notice has been given to the Conservation Commission prior to commencement of work, and provided that the work conforms to any performance standards and design specifications in regulations adopted by the Commission.
The application and permit required by this bylaw shall not be required for emergency projects necessary for the protection of the health and safety of the public, provided that the work is to be performed by or has been ordered to be performed by an agency of the Commonwealth or a political subdivision thereof; provided that advance notice, oral or written, has been given to the Commission prior to commencement of work or within 24 hours after commencement; provided that the Commission or its agent certifies the work as an emergency project; provided that the work is performed only for the time and place certified by the Commission for the limited purposes necessary to abate the emergency; and provided that within 21 days of commencement of an emergency project a permit application shall be filed with the
Commission for review as provided by this bylaw. Upon failure to meet these and other requirements of the Commission, the Commission may, after notice and a public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures.
The exceptions provided in the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00) shall also apply under this bylaw.
IV. Applications
Written application shall be filed with the Conservation Commission to perform activities affecting resource areas protected by this bylaw. The permit application shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the resource areas protected by this bylaw. No activities shall commence without receiving and complying with a permit issued pursuant to this bylaw.
The Commission in an appropriate case may accept as the application and plans under this bylaw any application and plans filed under the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00).
Any person desiring to know whether or not a proposed activity or an area is subject to this bylaw may in writing request a determination from the Commission. Such a Request for Determination (RFD) shall include information and plans as are deemed necessary by the Commission.
V. Notice and Hearings
Any person filing a permit or other application or RFD with the Conservation Commission at the same time shall give written notice thereof, by certified mail (return receipt requested) or hand delivered, to all abutters at their mailing addresses shown on the most recent applicable tax list of the assessors, including owners of land directly opposite on any public or private street or way, and abutters to the abutters within 100 feet of the property line of the applicant, including any in another municipality or across a body of water. The notice to abutters shall have enclosed a copy of the application or request, with plans, or shall state where copies may be examined and obtained by abutters. An affidavit of the person providing such notice, with a copy of the notice mailed or delivered, shall be filed
with the Commission. When a person requesting a determination is other than the owner, the request, the notice of the hearing, and the determination itself shall be sent by the Commission to the owner as well as to the person making the request.
The Commission shall conduct a public hearing on any permit application, Abbreviated Notice of Resource Area Delineation (ANORAD) or RFD, with written notice given at the expense of the applicant, at least five business days prior to the hearing, in a newspaper of general circulation in the municipality.
The Commission shall commence the public hearing within 21 days from receipt of a completed permit application, ANORAD or RFD unless an extension is authorized in writing by the applicant. The Commission shall have authority to continue the hearing to a specific date announced at the hearing, for reasons stated at the hearing, which may include the need for additional information from the applicant or others deemed necessary by the Commission in its discretion, based on comments and recommendations of the boards and officials listed in §VI.
The Commission shall issue its permit, other order or determination in writing within 21 days of the close of the public hearing thereon unless an extension is authorized in writing by the applicant.
The Commission in an appropriate case may combine its hearing under this bylaw with the hearing conducted under the Wetlands Protection Act (G.L. Ch.131 §40) and Regulations (310 CMR 10.00).
VI. Coordination with Other Boards
Any person filing a permit application or RFD with the Conservation Commission shall provide a copy thereof at the same time, by certified mail (return receipt requested) or hand delivery, to the Conservation Commission of the adjoining municipality, if the application or RFD pertains to property within 100 feet of that municipality. An affidavit of the person providing notice, with a copy of the notice mailed or delivered, shall be filed with the Commission. The Commission shall not take final action until the boards and officials have had 14 days from receipt of notice to file written comments and recommendations with the Commission, which the Commission shall take into account but which shall not be binding on the Commission. The applicant shall have the right to receive any comments and recommendations,
and to respond to them at a hearing of the Commission, prior to final action.
VII. Permits and Conditions
If the Conservation Commission, after a public hearing, determines that the activities which are subject to the permit application or the land and water uses which will result therefrom, are likely to have a significant individual or cumulative effect upon the resource area values protected by this bylaw, the Commission, within 21 days of the close of the hearing, shall issue or deny a permit for the activities requested. If it issues a permit, the Commission shall impose conditions which the Commission deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions. The Commission shall take into account the cumulative adverse effects of loss, degradation, isolation, and replication of protected resource areas throughout the community and the
watershed, resulting from past activities, permitted and exempt, and foreseeable future activities.
Where no conditions are adequate to protect those resource values, the Commission is empowered to deny a permit for failure to meet the requirements of this bylaw. It may also deny a permit: for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards, and other requirements in regulations of the Commission; or for failure to avoid or prevent unacceptable significant or cumulative effects upon the resource area values protected by this bylaw. Due consideration shall be given to any demonstrated hardship on the applicant by reason of denial, as presented at the public hearing.
Lands within 200 feet of rivers, ponds and lakes, and lands within 100 feet of other resource areas, are presumed important to the protection of these resources because activities undertaken in close proximity to resource areas have a high likelihood of adverse impact upon the wetland or other resource, either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, without limitation, erosion, siltation, loss of groundwater recharge, poor water quality, and loss of wildlife habitat. The Commission may therefore establish performance standards for protection of such lands including without limitation strips of continuous, undisturbed vegetative cover within the 200-foot or
100-foot area, or other form of work limit or setback to buildings, roads, landscaping and other features, unless the applicant convinces the Commission that the area or part of it may be disturbed without harm to the values protected by the bylaw. The specific size and type of protected area may be established by regulations of the Commission (see note 2).
In the review of areas within 200 feet of rivers, perennial steams or within 25 feet of intermittent streams, ponds and lakes, no permit issued hereunder shall permit any activities unless the applicant, in addition to meeting the otherwise applicable requirements of this bylaw, has proved by a preponderance of the evidence that (1) there is no practicable alternative to the proposed project with less adverse effects, and that (2) such activities, including proposed mitigation measures, will have no significant adverse impact on the areas or values protected by this bylaw. The Commission shall regard as practicable an alternative which is reasonably available and capable of being done after taking into consideration the proposed property use, overall project purpose (e.g., residential, institutional,
commercial, or industrial purpose), logistics, existing technology, costs of the alternatives, and overall project costs.
To prevent wetlands loss, the Commission shall require applicants to avoid wetlands alteration wherever feasible; shall minimize wetlands alteration; and, where alteration is unavoidable, shall require full mitigation. The Commission may authorize or require replication of wetlands as a form of mitigation, but only with adequate security, professional design, and monitoring to assure success, because of the high likelihood of failure of replication.
The Commission may require a wildlife habitat study of the project area, to be paid for by the applicant, whenever it deems appropriate, regardless of the type of resource area or the amount or type of alteration proposed. The decision shall be based upon the Commission’s estimation of the importance of the habitat area considering (but not limited to) such factors as proximity to other areas suitable for wildlife, importance of wildlife "corridors" in the area, or possible presence of rare species in the area. The work shall be performed by an individual who at least meets the qualifications set out in the wildlife habitat section of the Wetlands Protection Act Regulations (310 CMR 10.60).
The Commission shall presume that all areas meeting the definition of "vernal pools" under §IX of this bylaw, including the adjacent area, perform essential habitat functions. This presumption may be overcome only by the presentation of credible evidence which, in the judgment of the Commission, demonstrates that the basin or depression does not provide essential habitat functions. Any formal evaluation should be performed by an individual meeting the qualifications under the wildlife habitat section of the Wetlands Protection Act Regulations.
A permit shall expire three years from the date of issuance. Notwithstanding the above, the Commission in its discretion may issue a permit expiring five years from the date of issuance for recurring or continuous maintenance work, provided that annual notification of time and location of work is given to the Commission. Any permit may be renewed once for an additional one year period, provided that a request for a renewal is received in writing by the Commission prior to expiration. Notwithstanding the above, a permit may identify requirements which shall be enforceable for a stated number of years, indefinitely, or until permanent protection is in place, and shall apply to all owners of the land.
For good cause the Commission may revoke any permit, other order, determination or other decision issued under this bylaw after notice to the holder of the permit, the public, abutters, and town boards, pursuant to §V and §VI, and a public hearing. Amendments to permits or determinations shall be handled in the manner set out in the Wetlands Protection Act Regulations and policies thereunder.
The Commission in an appropriate case may combine the decision issued under this bylaw with the Order of Conditions, Order of Resource Area Delineation (ORAD), Determination of Applicability or Certificate of Compliance issued under the Wetlands Protection Act and Regulations.
No work proposed in any application shall be undertaken until the permit, ORAD or determination issued by the Commission with respect to such work has been recorded in the registry of deeds or, if the land affected is registered land, in the registry section of the land court for the district wherein the land lies, and until the holder of the permit certifies in writing to the Commission that the document has been recorded.
VIII. Regulations
After public notice and public hearing, the Conservation Commission shall promulgate rules and regulations to effectuate the purposes of this bylaw, effective when voted and filed with the town or city clerk. Failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw.
At a minimum these regulations shall define key terms in this bylaw not inconsistent with the bylaw, and procedures governing the filing.
IX. Definitions
The following definitions shall apply in the interpretation and implementation of this bylaw.
The term "alter" shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this bylaw:
A. Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind
B. Changing of preexisting drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns, or flood retention characteristics
C. Drainage, or other disturbance of water level or water table
D. Dumping, discharging, or filling with any material which may degrade water quality
E. Placing of fill, or removal of material, which would alter elevation
F. Driving of piles, erection, expansion or repair of buildings, or structures of any kind
G. Placing of obstructions or objects in water
H. Destruction of plant life including cutting or trimming of trees and shrubs
I. Changing temperature, biochemical oxygen demand, or other physical, biological, or chemical characteristics of any waters
J. Any activities, changes, or work which may cause or tend to contribute to pollution of any body of water or groundwater
K. Incremental activities which have, or may have, a cumulative adverse impact on the resource areas protected by this bylaw.
The term "bank" shall include the land area which normally abuts and confines a water body; the lower boundary being the mean annual low flow level, and the upper boundary being the first observable break in the slope or the mean annual flood level, whichever is lower.
The term "person" shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to town bylaws, administrative agency, public or quasi-public corporation or body, this municipality, and any other legal entity, its legal representatives, agents, or assigns.
The term "pond" shall follow the definition of 310 CMR 10.04.
The term "rare species" shall include, without limitation, all vertebrate and invertebrate animal and all plant species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the site in which they occur has been previously identified by the Division.
The term "vernal pool" shall include, in addition to scientific definitions found in the regulations under the Wetlands Protection Act, any confined basin or depression not occurring in existing lawns, gardens, landscaped areas or driveways which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, contains at least 200 cubic feet of water at some time during most years, is free of adult predatory fish populations, and provides essential breeding and rearing habitat functions for amphibian, reptile or other vernal pool community species, regardless of whether the site has been certified by the Massachusetts Division of Fisheries and Wildlife. The boundary of the resource area for vernal pools shall be 100 feet outward from the mean annual high-water line
defining the depression, but shall not include existing lawns, gardens, landscaped or developed areas.
Except as otherwise provided in this bylaw or in regulations of the Conservation Commission, the definitions of terms and procedures in this bylaw shall be as set forth in the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00).
X. Enforcement
No person shall remove, fill, dredge, build upon, degrade, or otherwise alter resource areas protected by this bylaw, or cause, suffer, or allow such activity, or leave in place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail to comply with a permit or an enforcement order issued pursuant to this bylaw.
The Conservation Commission, its agents, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this bylaw and may make or cause to be made such examinations, surveys, or sampling as the Commission deems necessary, subject to the constitutions and laws of the United States and the Commonwealth (see note 3).
The Commission shall have authority to enforce this bylaw, its regulations, and permits issued thereunder by violation notices, and civil and criminal court actions. Any person who violates provisions of this bylaw may be ordered to restore the property to its original condition and take other action deemed necessary to remedy such violations.
Upon request of the Commission, the selectboard and town counsel shall take legal action for enforcement under civil law. Upon request of the Commission, the chief of police shall take legal action for enforcement under criminal law.
Municipal boards and officers, including any police officer or other officer having police powers, shall have authority to assist the Commission in enforcement.
XI. Burden of Proof
The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the permit application will not have unacceptable significant or cumulative effect upon the resource area values protected by this bylaw. Failure to provide adequate evidence to the Conservation Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.
XII. Appeals
A decision of the Conservation Commission shall be reviewable in the superior court in accordance with G.L. Ch. 249 §4.
XIII. Relation to the Wetlands Protection Act
This bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule statutes, independent of the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00) thereunder.
XIV. Severability
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any permit, approval or determination which previously has been issued.
ARTICLE 52. To see if the town will vote to amend the Raynham Zoning Bylaws by adding the following new article:
ARTICLE 18: ADULT RETIREMENT COMMUNITY (ARC)
18.1 Purpose:
To provide an alternative housing opportunity for persons 55 years of age and older;
To provide an attractive and suitable residential environment that is more amenable to the needs of people in their later years;
To encourage creative and innovative site planning and design, in order to enhance the attractiveness and suitability of this alternative housing type, and to better meet the specific housing needs of this segment of the population;
To encourage the preservation of common land for open space and recreational use by promoting the highest and best utilization of land in harmony with its natural features, and to retain the rural character of the town.
18.2 General Requirements:
a. The minimum tract of land upon which an ARC may be constructed shall contain at least twenty (20) acres and shall be serviced by Town Water and Town Sewer. An ARC may be allowed in Industrial and Business District by special permit.
b. Development of an ARC may be authorized by a Special Permit granted by the Planning Board in accordance with M.G.L. Ch. 40A and the Planning Board Rules and Regulations governing the issuance of a Special Permit. Since such proposed development must constitute a subdivision, the proposed subdivision plan shall also conform to the Planning Board Rules and Regulations governing the Subdivision of Land in Raynham as most recently amended. The Planning Board has the authority to waive requirements of the Planning Board Rules and Regulations governing the Subdivision of Land in Raynham as most recently amended and the Planning Board Rules and Regulations governing the issuance of a Special Permit where such action is in the public interest and not inconsistent with the intent
and purpose of the regulations being waived.
c. There shall be no more than two (2) primary residents allowed in an ARC unit. In the event the primary residents need a full-time primary caregiver there may be more than two (2) residents. In the event the parents of the primary residents need to reside with their child there may be more than two (2) residents.
18.3 Definitions:
ADULT RETIREMENT COMMUNITY (ARC) – a self-contained alternative residential community of detached single family dwellings each single family dwelling being on its own lot as shown on a subdivision plan, constructed expressly for and specifically limited to use and residency by persons who have achieved a minimum age requirement for residency of at least fifty-five (55) years. Such developments shall comply in all respects to the requirements of MGL Chapter 151B and the Federal Fair Housing Law, as from time to time amended.
BOULEVARD- a portion and/or an entire street that is divided by a landscape area.
COMMUNITY FACILITY (IES) – Developed common areas, constructed solely for the use of the residents of the ARC and their guests. The Community Facility (IES) may include buildings housing activities and amenities such as game room, entertainment room, sewing room, library, kitchen, laundry facilities, exercise room, toilet facilities, locker rooms for men and women, etc. Facility (IES) may also include outdoor activities and amenities such as swimming pools, gardens, paths and walkways, putting greens and the like. All Community Facility (IES) shall be designed and maintained in conformance with the then existing Massachusetts standards for handicapped accessibility.
COMMON LAND- an area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Common land may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, swimming pools, streets, wooded areas, and community facilities, except for the portion of the common land that satisfies the requirement of Section 18.11.d. Common land shall not include the private ways within an ARC.
18.4 Intensity Requirements:
a. Density for ARC:
Density for ARC Units
The number of units allowed in an ARC shall not exceed twice the number of lots in a conventional subdivision in the residential zoning district of the proposed ARC which meets all dimensional requirements of the Raynham Zoning Bylaws and the Raynham Planning Board Rules and Regulations for the Subdivision of Land. The Board may, however, grant a waiver, at its discretion, from Planning Board regulations regarding length of a dead end street, and in doing so may limit the number of units in an ARC.
The number of units allowed in an ARC shall not exceed twice the number of lots in a conventional subdivision in the Industrial or Business Zoning District of the proposed ARC which meets all dimensional requirements of the Raynham Zoning Bylaws and the Raynham Planning Board Rules and Regulations for the Subdivision of Land. The Board may, however, grant waivers, at its discretion, from roadway design standards only, and in doing so may limit the number of units in an ARC.
b. All lots shall comply with the dimensional requirements below:
Requirements Minimum
*Frontage 50 feet
Lot Area 10,000 square feet
Lot Width 50 feet
Front Yard Setback 20 feet
Side Yard dwelling to dwelling Setback 30 feet
Rear Yard Setback 10 feet
c. An ARC development shall not be located within a five thousand (5000) foot radius from another ARC development.
*The minimum frontage requirement and minimum front yard requirement only applies to the street that will serve as access to said lot.
18.5 Number of Dwelling Units:
a. The maximum number of ARC dwelling units in the Town of Raynham shall be limited to a number equivalent to seven and half percent (7.5%) of the existing single-family residential housing units (excluding ARC units) located in the Town of Raynham as of the date of the filing of the ARC special permit application. The number of single-family residential housing units for the purpose of this By-Law shall be the number of single family residential housing units (excluding ARC units) determined by the Board of Assessors as of January 1 of each calendar year, plus the total number of said housing units for which occupancy permits have been issued from January 1 to the date of the filing of the special permit application.
18.6 Streets and Utilities:
a. All streets in the ARC shall be private ways that meet the Planning Board Rules and Regulations governing the Subdivision of Land in Raynham as most recently amended. All infrastructure including but not limited to sewage, drainage facilities, and utilities shall be designed and constructed in accordance with all applicable federal and Massachusetts statues and regulations, Raynham bylaws, all Town of Raynham Rules and Regulations and the North or Center Water District Rules and Regulations, as the case may be, promulgated by the various Raynham Boards and Commissions.
18.7 Conditions:
Any plan approved as an ARC must contain or refer to recorded covenants regarding each of the following:
a. The ARC must have a Homeowners Association, whose Homeowners Association documents and bylaws must be approved by the Raynham Planning Board through Town Counsel. The bylaws must contain language which enforces the 55 and over age restriction and all deed restrictions.
b. The streets within the ARC shall permanently remain private, and they shall not be extended. The Homeowners Association shall maintain all streets within an ARC. The ways shall not be proposed for acceptance as a public street upon completion and shall be private ways in perpetuity.
c. The lots shall obtain access from the private ways if, and only if, ownership of the lot provides automatic membership in a Homeowners’ Association, which is responsible for all maintenance and snow removal of or from the private way. The Homeowners’ Association or entity shall retain all rights to the private ways.
d. Perpetual easements in favor of all appropriate utility providers, including but not limited to water, sewer, cable, gas, telephone, shall be granted to allow access to and maintenance of public utilities as appropriate, prior to Planning Board endorsement of the definitive subdivision plan.
e. No recreational vehicles, campers, non-motorized or motorized boats, trailers or the like shall be parked or stored at an ARC home. The ARC development must provide a reasonable storage area for recreational vehicles, campers, non-motorized or motorized boats. This area shall be screened from residential properties within and adjacent to the ARC.
f.. Each unit shall not have more than two (2) registered vehicles parked in the driveway of an ARC unit. No unregistered vehicles shall be parked in the driveway of an ARC unit. No on-street parking is allowed on an ARC roadway.
g. Upon the approval of the Planning Board and the Fire Chief, common driveways may be used in an ARC. Common driveways must be placed only on the lots serviced by the common driveways.
h. An ARC development shall provide visitor parking at rate of .5 parking spaces per unit. If an ARC development has clubhouse parking then the clubhouse parking will fulfill the visitor-parking requirement. If the ARC development does not have a clubhouse with parking then the ARC development shall provide a visitor parking lot.
i. The main entrance to the ARC shall be a boulevard with no individual driveways off of the first two hundred (200) feet of the entrance.
18.8 Common Land Requirements:
In an ARC, at least twenty (20) percent of the total tract area shall be set aside as Common Land for use by the ARC residents and their guests. Common land shall be planned as large, contiguous parcels whenever possible. The following additional requirements shall apply:
a. Not more than thirty (30) percent of the required common land shall consist of bordering vegetated wetlands as defined in M.G.L., Chapter 131 and the regulations promulgated thereunder, as most recently amended.
b. Common Land may be set-aside in more than one parcel provided that the size, shape and location of such parcels are suitable for the designated uses as allowed by the Planning Board.
c. The Common Land shall include adequate upland access from a private way or ways within the ARC.
18.9 Use of Common Land:
a. The Common Land shall be dedicated and used for natural resource protection, passive and active recreation, park purposes, outdoor education, agriculture, horticulture, forestry, or for any combination of such uses. The Planning Board shall have the authority to approve or disapprove particular uses proposed for the Common Land, which are not delineated herein.
b. The Common Land may be subject to easements for the construction, maintenance, and repair of utility and drainage facilities serving the ARC or adjacent parcels.
c. Not more than twenty (20) percent of the Common Land shall be covered by man-made impervious surfaces. Natural looking drainage areas shall not be included in the percentage man-made impervious surfaces.
18.10 Ownership of Common Land:
a. The Common Land shall be conveyed at no cost to a corporation or trust owned by the owners of the dwelling units within an ARC (Homeowners Association) and may be placed under a conservation restriction. Ownership of the appropriate percentage of the common land shall pass with conveyance of the lots or residential units. The developer is responsible for the maintenance of the common land and other facilities to be held in common until such time as the Homeowners’ Association is capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining the common land and any other common facilities. The Planning Board shall approve the form of ownership and the documentation creating the Common Land prior
to approval of a special permit.
b. A restriction may be required that must be recorded to prevent future residential development of said parcel(s). Said restriction shall not apply to that portion of the common land used for community facilities. If a conservation restriction is used it shall be in accordance with Massachusetts General Law Chapter 184, Section 31-33 as most recently amended. Restrictions shall provide for periodic inspection of the common land by the Town, if necessary. Such restriction shall be submitted to the Planning Board prior to approval of the project and shall be recorded at the Registry of Deeds/Land Court prior to the conveyance of any building lot. A management plan may be required by the Planning Board, which describes how existing woods, fields,
meadows or other natural areas shall be maintained in accordance with good conservation practices. Such management plan shall be submitted to the Planning Board prior to approval, if required.
18.11 Site Community Standards:
a. Within the ARC, adequate access shall be provided to each dwelling unit; said access shall be convenient and appropriate for residents and emergency services.
b. To the greatest extent possible, open spaces, house sites, streets and house lots shall be designed with due respect to natural landscape features, scenic views, topography, soils, and natural drainage patterns.
c. All utilities shall be installed underground.
d. An ARC must provide, as part of the Common Land, a screening zone along its entire perimeter. The screening shall be seventy-five (75) feet in width to all abutting properties that are either zoned residential or currently having a residential use. In all other cases, at the discretion of The Planning Board, the screening may be reduced to not less than twenty-five (25) feet. The screening shall not contain any structures and shall be left in its natural state; however, the screening zone may be used for the placement of utility easements and/or primary roadway servicing the ARC. The primary roadway shall not be within seventy-five (75) feet of a residential property. The Planning Board shall require that the screening provide visual screening. The
screening shall include natural vegetation, plantings, walls, fences or vegetated earthen berm to provide a visual screening barrier between the development and the abutting properties.
e. Within the ARC, there shall be Community Facilities provided, which shall be available to all residents and their guests.
f. The sewer mains, hydrants, and water mains within the private right-of-way shall be owned by the Town of Raynham, Raynham Center Water District or North Raynham Water District, as the case may be, and the appropriate easements shall be granted to the Town of Raynham, Raynham Center Water District or North Raynham Water District, as the case may be, within the private ways so that they may service and maintain their property.
g. The ARC shall conform to the requirements for a self-contained retirement community as established by Massachusetts General Laws, Chapter 151B, Section 4, together with any amendment thereto.
18.12 Application Process:
The application process for Adult Retirement Community Special Permit is comprised of three steps, as outlined below:
18.12.1 Pre-submission Meeting:
Prior to submission of the special permit application to the Planning Board, the applicant is required to meet with the Town Planner to review the proposed development of the parcel of land, in order to explore general conditions involving the site and to discuss potential problems. Proposed plans shall be professionally prepared and show the critical features of the ARC plan.
18.12.2 Application for Special Permit and Concept Plan/Preliminary Plan:
a. A concept plan/preliminary plan shall be submitted to the Planning Board. Such plan shall be prepared and stamped by a civil engineer or land surveyor who is registered in Massachusetts. The concept plan/preliminary plan shall meet all the requirements of a preliminary plan as specified in the Raynham Subdivision Rules and Regulations, except as modified by the provision of this article. It shall also contain the following information:
b. Location of the proposed private ways, building lots, dwellings, and common land layout and uses;
c. A concept plan/preliminary plan shall have a wetland line approved by the Conservation Commission and accurate perimeter plan.
d. The applicant shall file with the Planning Board the concept plan/preliminary plan, and the Planning Board shall notify all parties in interest as that term is defined in M.G.L. c. 40A Section 11 of the time and place of the public meeting at which the concept plan/preliminary plan will be reviewed. If the concept/preliminary plan is approved by the Planning Board for an Adult Retirement Community development, the Applicant shall submit a Special Permit application in conformance with the Planning Board Rules and Regulations Governing the Issuance of a Special Permit. The Applicant shall at the same time submit to the Planning Board a definitive plan in conformance with the latest edition of the Rules and Regulations Governing the Subdivision of Land, Raynham, MA,
except as modified by the provisions of this article.
e. In exercising its jurisdiction under this Section, the Planning Board shall conform to all requirements and procedures applicable to a Special Permit Granting Authority when deciding requests for Special Permits under Massachusetts General Laws, Chapter 40A, as amended, including the requirements therein for public notice and hearings.
f. Public hearings for the Special Permit and Definitive Plan will be held concurrently when time requirements permit. In such an event, the hearing notice and a statement at the public hearing shall clearly identify both purposes and shall comply with the applicable requirements of General Laws, Chapter 40A and Chapter 41, as amended. The Planning Board shall act separately on the Special Permit application and the Definitive Plan. The denial of the Special Permit shall preclude the approval of the Definitive Plan of an Adult Retirement Community development, but the grant of a Special Permit does not require the approval of the Definitive Plan. Each action may include conditions and modifications.
g. Concurrent hearings and action on the Adult Retirement Community development Special Permit and the Definitive Subdivision Plan simplify the procedure and reduce costs. Such concurrent proceedings shall be utilized whenever practicable.
18.13 Planning Board Approval:
The Planning Board may grant a Special Permit for an ARC if it finds that the ARC:
a. Is consistent with the general purpose and objectives of this by-law;
b. Is in harmony with the existing and probable future uses of the area and with the character of the surrounding area and neighborhood;
c. Is consistent with the purposes of this section 18.1; and
d. Has a proposed layout of private ways, lots and structures which are designed in harmony with the intent and purpose of this bylaw; and
e. Has a proposed layout and use of the Common Land which is appropriate in relation to the proposed dwelling units in the ARC, adjoining open space, topography, soils, and other characteristics of the tract of land in question; and.
f. Complies with the requirements of this bylaw, other applicable requirements of the Zoning By-laws and any regulations and guidelines promulgated thereunder and where applicable, the construction and design standards of the Raynham Subdivision Rules and Regulations; and
18.14 Special Permit Conditions:
As a condition of approval, the Planning Board may require such changes in the proposed development plans and may impose such conditions and safeguards, as it deems necessary to secure the objectives of this by-law and to protect the health, safety and welfare of the inhabitants of the neighborhood and of the Town of Raynham.
18.15 Change in Plans after Grant of Special Permit:
No change in any aspect of the approved definitive subdivision plans shall be permitted unless first approved in writing by the Planning Board. A new special permit application and a definitive subdivision plan amendment shall be required if the Planning Board determines any proposed change in the definitive subdivision plans to be substantial.
18.16 Enforcement:
The Building Commissioner under Article 2: Administration of the Raynham Zoning Bylaws may enforce the 55-over restriction on the homeowner(s) violating the provisions of Article 18: Adult Retirement Community and/or the homeowners’ association associated with the ARC.
18.17 Phasing:
When an Adult Retirement Community is granted a special permit from the Planning Board through this section, the Planning Board may exempt an ARC from the provisions of Article 16: Subdivision Phasing; or take any action relative thereto. (Submitted by Citizen’s Petition)
ARTICLE 53. ~To see if the Town will vote to amend Article Four: Permitted Uses section 4.2 of the Raynham Zoning Bylaws by adding the following language in bold print:
PERMITTED USES: BUSINESS DISTRICT
A. ~Any use permitted in a Residential A District, except a residential subdivision.
B. ~Office, bank, newspaper or job printing establishment.
~~~~~~~~~~~~~~~~~~~~~~
Hotel, motel or restaurant.
Any wholesale or retail business, research laboratory, service business
or public utility, not involving manufacture on the premises except of products, the majority of which is sold on the premises by the producer to the consumer excluding, however from the definition of any wholesale or retail business, the business of buying or selling of second-hand motor vehicles, commonly known as a used car-lot and provided that no such use shall be permitted which would be unreasonably detrimental or unreasonably offensive or tend to reduce property values in the same or adjoining districts by reason of excessive: dirt, odor, fumes, smoke, gas, sewage, refuse, noise, vibration, danger of explosion or fire. (underlined portion added at Annual Town Meeting, 5/20/91) ** Also excluded from the definition herein of any wholesale or retail business, or service business, are
“Adult Book Store,” “Adult Motion Picture Theater,” “Adult Paraphernalia Store,” “Adult Club” and “Adult Video Store,” as those terms are defined in Article 10 Definitions. ** ~
(** to ** This section amended at S.T.M. of 11/22/99.)
Adult Retirement Community by special permit in accordance with Article 18;
or take any action relative thereto. (Submitted by Citizen’s Petition)
ARTICLE 54. ~To see if the Town will vote to amend Article Four: Permitted Uses section 4.3 of the Raynham Zoning Bylaws by adding the following language in bold print:
4.3~~~~~PERMITTED USES: ~~INDUSTRIAL DISTRICT
a. ~Any use permitted in a Residential A District, except detached one-family dwellings, or apartment buildings.
b. ~Any business permitted in a Business District.
c. ~Any manufacturing or industrial use including processing, fabrication
and assembly and provided that no such use shall be permitted which would be unreasonably detrimental or unreasonably offensive or tend to reduce property values in the same or adjoining districts by reason of excessive: ~dirt, odor, fumes, smoke, gas, sewage, refuse, noise, vibration, danger of explosion or fire. (amended S.T.M. 2/12/90) ~
d. ~A sewage disposal and filtration plant where the same is to be used in
connection with a use in the Industrial District, provided that the site has been approved by the appropriate State and Federal agencies.
(amended S.T.M. 2/12/90.)
e.~~~~~~Adult Retirement Community by special permit in accordance with Article 18;
or take any action relative thereto. (Submitted by Citizen’s Petition)
ARTICLE 55. To see if the Town will vote to amend the provisions of the Town Zoning By-Law and Zoning Map to remove the parcel described herein from its present Residential A and add it to the adjacent Business District or take any other action thereon.
Area of land to be rezoned:
That certain parcel of land in Raynham, bounded and described as follows:
Beginning at the intersection of Orchard Street and Route 44; thence in a northerly direction by the center line of Orchard Street a distance of approximately 400.28 feet to a point; said point being 370 feet from the southerly side of Judson Street; thence turning and running N. 78° 43’ 46” E. approximately 150 feet to the point of the existing business zone line; thence turning and running in a southerly direction by line parallel to and 150 feet distant from the center line of Orchard Street to the center line of Route 44; thence turning and running westerly by the center line of Route 44 to the point of beginning at the intersection of route 44 and Orchard Street; or take any action relative thereto. (Submitted by Citizen’s Petition)
ARTICLE 56. To see if the Town will vote to amend Article 4.3 INDUSTRIAL DISTRICT-
a. Any uses permitted in Residential A, except detached one-family dwellings, or apartment buildings, with the following new language in bold print.
a. Any uses permitted in Residential A, except residential subdivisions or apartment buildings. One-family dwelling with accessory buildings customarily incidental to and so used, provided the lot maintains a minimum of 150,000 square feet of area;
or take any action relative thereto. (Submitted by Citizen’s Petition)
ARTICLE 57. To see if the Town will vote to amend the Town of Raynham Zoning Map Section 3.2 by changing those parcels designated as Assessors Map 1, Lots 27 and 28 to a Residential B District, or take any action relative thereto. (Submitted by Citizen’s Petition)
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