The Raynham Planning Board held a special meeting on Wednesday, June 2, 2004, at Raynham Town Hall, to consider proposed amendments to the Raynham Zoning Laws and Town of Raynham Zoning Map to rezone a portion of Broadway to Designated Office Development District.~ The meeting opened at 6:15 p.m. with John Canto, Carl Carlson and Chris Gallagher present.~ Also present were Richard McCarthy, Town Planner, and Maureen McKenney, Administrative Assistant.~
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Mr. Canto called the public hearing to order at 6:16 p.m. and Mr. Carlson read the public hearing notice.~ Mr. Canto noted the proposed amendments were submitted by citizen’s petition.~~ He asked if anyone present wished to speak in favor of the amendment.~ No one responded.
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He asked if Board members had any comment or questions.~ Mr. Gallagher asked if the rezoned area as it was proposed was accurate.~ Mr. McCarthy explained that the described area was the same one used in a similar 1999 proposed amendment and it was correct.
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Mr. Canto asked if anyone present was opposed to the proposed amendment.~ Lorraine Nickerson, First Street, stated she was not opposed but asked if the rezoning was only for the Market Basket side of Route 138.~ Mr. Carlson noted that according to the description it was.
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Mr. Canto then explained to those present that plans had been “locked in” by Wal-Mart at the previous Planning Board hearing.~~ Mr. McCarthy noted that could still be subject to debate but it seemed inappropriate to do nothing at this time.~ He further explained that secondary development could happen on the large parcel being described, which is approximately 100 acres.
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Russ Martorana, 169 Judson Street, asked if Town Counsel had reviewed the proposed article other than for form as he usually does.~ Mr. Carlson noted the Board has not seen anything from Town Counsel on the proposed amendment.~ Mr. Martorana also asked if the proposed rezoning was good in general or could it be considered “spot zoning.”~
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Mr. Canto stated he was opposed to spot zoning because it could be for special interests but he felt this amendment was a good change because the present retail use could be a seven-day a week use with associated problems and office development would only be five-day a week use and would better serve the area.~
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Mr. McCarthy noted that the past feeling of area residents was to maintain the “status quo” but that was before the proposed Wal-Mart project.~ He noted that previous proposed amendments had been defeated in part because residents believed it lessened their options and their land value.
Mr. Canto noted that the proposed change must be for the good of the whole town.
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There was general discussion about the tax value of different uses along Route 138.~ It was noted that business use could have less of an impact than retail use.~ There was discussion about the fact that the residential use on Broadway will continue to change over the coming years.~ Mr. Gallagher noted he felt Broadway should be left as is because of the existing residential uses.
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Attorney Jill Carmichael, in-house counsel for Broadway property owner Lopes, addressed the Board.~ She explained that Lopes is currently using their entire76-acre sight to operate their business on Route 138.~ She noted their current use is “grandfathered” and will continue as is.~ She noted that if the current use stopped, the property would be subject to the new zoning, if it is approved.~ She asked what portion of the proposed rezoning affected the Lopes property.~
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Mr. Gallagher stated that all of the Lopes Raynham property is included in the described area.~ He agreed that Lopes would be grandfathered at present zoning.~ Attorney Carmichael then noted that Lopes does not plan to stop the present use of their property.
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Mr. Canto asked if others present had any questions.~ No one responded.
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Mr. Carlson explained that the Board’s vote tonight would only be a recommendation to Town Meeting so people should attend Town Meeting to vote.~ He also explained that if the amendments were considered at the beginning of Town Meeting, people should not leave because an article can be brought up for reconsideration at any time during the meeting.
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The public hearing closed at 6:45 p.m. The regular meeting of the Board reconvened.~ A motion was made to approve the zoning changes as described and as written on the Town Meeting warrant as Articles 21, 22, 23 and 24; motion seconded; motion passed by unanimous vote.
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There was general discussion about the proposed Wal-Mart.~ Diana Shearstone, Raynham, MA, asked if officials at Town Hall were in favor of the proposal.~ No one was certain if officials were in favor or not.
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Attorney Rob Tuckman, of Hale & Dorr, Boston, MA, appeared before the Board and asked if he could speak as Wal-Mart’s representative.~ The Board explained that the public hearing was closed and a vote was taken but Mr. Tuckman could speak if he wished.
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Mr. Tuckman briefly described the 25-acre area Wal-Mart wants to develop.~ He noted the project will be done in two phases.~ He explained that Wal-Mart had held meetings with the neighbors to explain the proposal so they were surprised by the rezoning attempt.~ He further explained that Wal-Mart had invoked MGL Chpt. 40A and 6 and had submitted to the Planning Board ANR plans and a preliminary subdivision plan, which would allow existing zoning laws to control the land for eight years.~ He stated that he opposed the rezoning and that it would not preclude Wal-Mart as a use.~ Mr. Tuckman then reviewed the proposed zoning amendment, stating reasons why he believed it was not a good proposal.~ He noted curb cuts could increase, traffic could increase and the rural character would not be preserved by the proposed amendment.~ He also noted the
east side of Route 138 was not included in the proposed change.
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Mr. Gallagher noted that ultimately Town Meeting voters will decide on the rezoning.~
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Mr. Tuckman stated that Wal-Mart is planning to have further meetings with people in small groups.~ There was then general discussion about the architectural type of building Wal-Mart would be presenting for approval.~
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7:13 p.m. General Business:~ Minutes of~May 5, April 22, April 8,2004 were submitted.~ Motion was made to waive the reading of the minutes; seconded; motion passed by unanimous vote.~ Motion was made to approve the minutes as printed; motion seconded; motion passed by unanimous vote.
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There was no further business and the meeting ended at 7:15 p.m.
~Carl Carlson, Clerk
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