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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes October 17, 2013
The Raynham Planning Board held a meeting on Thursday, October 17, 2013, at Raynham Veterans' Memorial Town Hall.  Chairman Andrade opened the meeting at 6:03 p.m.

Board members present:  Daniel Andrade, Burke Fountain, Henry Ellis, Christopher Gallagher, Russell Driscoll

Staff present: John Charbonneau, Director Planning & Community Development; Maureen McKenney, Planning Board Administrative Assistant

6:03 p.m. – Lot 10 Forge River Park site plan public hearing reconvened.  Applicant George Turner, Two T’s Realty Trust, was present.  Letter dated September 25, 2013 was received from Captain LaCivita, Raynham Fire Department, and correspondence dated October 17, 2013 was received from Attorney William Rosa regarding a proposed decision for the Forge River Park site plan.  Mr. Fountain stated he was okay with the language submitted by Attorney Rosa.  

Mr. Gallagher reviewed the plan.  The Board discussed that the lot is part of an approved subdivision but the roadway is not yet built out completely.  There was discussion about whether or not the road should be brought to standards as part of the approved site plan.

Mr. Gallagher reviewed the plan and noted the requested changes were made.  It was agreed Mr. Charbonneau will prepare a certificate of action and forward to Mr. Fountain for his review.

Mr. Gallagher moved to grant the waivers from Sections 4.10, 4.15, 4.20, 4.21, 4.22, 5.1.2, 5.1.5, 5.4, 6.0, as listed on the front of the site plan dated October 4, 2012, revised through September 6, 2013, four sheets entitled Locus and Zoning District Plan, 152 Forge River Parkway, Raynham, Massachusetts, prepared for Two T’s Realty Trust, Raynham, MA, by Pilling Engineering Group, Brockton, MA; second by Mr. Fountain; motion passed by unanimous vote.

Mr. Gallagher moved to grant site plan approval to the aforementioned plan; second by Mr. Fountain; motion passed by unanimous vote.

Mr. Turner signed an extension of the Board’s time-to-act to November 30, 2013.

6:19 p.m. – Public hearing for proposed zoning amendments was opened.  Mr. Gallagher read the hearing notice.  It was noted that not all the proposed amendments are marijuana specific.

It was agreed to take the amendments in order of the Town Meeting warrant.   Article 22, proposed amendment to zoning by-laws, Sect. 4.1.1, Permitted Uses, to exclude roosters, peacocks and/or guinea hens in a Residential A District, was discussed.  Mr. Andrade noted a favorable vote on the amendment would mean no roosters, etc., would be allowed in a Residential A district.  Mr. Ellis asked if there was input from the Selectmen on the amendment.  Mr. Charbonneau did not know if there was.  

Mr. Ellis moved to recommend approval of the amendment to Town Meeting; second by Mr. Fountain.  Mr. Andrade stated he was concerned with regulating too much.  Mr. Ellis noted if a matter regarding the noise issue from roosters, etc., went to Court, a specific by-law would be helpful.  Mr. Gallagher questioned if this is a Board of Health issue.  Mr. Andrade said he would like further study on the matter.  Vote was taken on Mr. Ellis’ motion; vote was unanimous not to approve Mr. Ellis’ motion.  Mr. Ellis then moved to refer the issue back for further study; second by Mr. Fountain; motion to refer back for further study was approved unanimously.

Article 23, proposed amendment to Section 6.6.8 Signs Not Requiring Permits, to add language to include temporary municipal, school and Raynham-based non-profit organizations to the by-law, was discussed.  Mr. Charbonneau noted the building inspector proposed the by-law in order to allow temporary signs without permits for schools and other non-profit organizations.  Mr. Andrade moved to recommend favorable vote to Town Meeting; second by Mr. Ellis; motion approved unanimously.

Article 24 and Article 25 were discussed.  Article 24 proposes to add definitions related to medical marijuana facilities to Article 10 of the zoning by-laws.  Mr. Charbonneau noted the definitions come directly from Mass. DPH.  Article 25 was developed to allow medical marijuana treatment facilities in an industrial district, which is located near the dog track property on Rte. 138.  It was noted the setbacks in the by-law are consistent with the State setbacks.

Mr. Charbonneau discussed that a Selectman had expressed concern with the industrial district as the location of a marijuana facility and the concern led to Article 26 - a proposed amendment to extend the temporary moratorium beyond its current November 2013 expiration date in order to further consider the matter.  Mr. Charbonneau explained the Attorney General could deny the extension request but the AG has already approved extensions for other towns.  Mr. Andrade noted that the Designated Development District (DDD) was suggested as an alternate location to the Industrial District.  Mr. Charbonneau discussed that it was determined that creating an overlay district would be the only way to allow the facilities in the Paramount Drive DDD while not allowing them in the Route 138 DDD but the overlay district cannot be created before the upcoming Town Meeting.  

During discussion, it was noted there is no guarantee the moratorium extension will be approved by the AG’s office and if a by-law is defeated at Town Meeting, it cannot return for two years, which could leave the Town without a by-law.  

Mr. Andrade asked if anyone present had any comments.  Marsha Silvia, Laurel Lane, addressed the Board and explained several of her neighbors were concerned with the possible location of a facility in North Raynham and also concerned with possible slots being located in the same area.  She asked that the Town listen to the concerns of the North Raynham residents and not locate a facility there.

Mr. Andrade explained that the Board listens but they do not consider individual neighborhoods rather they look at the zoning map.  Ms. Silvia noted there is a church near the potential location of a facility in the industrial district.  Mr. Charbonneau noted having the by-law in place does not mean the Town will be getting a facility and the state limits the number of facilities.  Ms. Silvia noted the Town has two Wal-Marts unlike other towns in the state.  

Mr. Andrade stated the Town should look at the issue as if they would get a facility and consider the best location for a potentially big facility.  He noted there is not another location in Raynham suited to handle one.  Mr. Charbonneau noted the light industrial district is narrow and the setbacks would be prohibitive and that district may be rejected by the AG’s office.

Mr. Andrade thanked Ms. Silvia for her time being involved with the issue.

Mr. Gallagher moved to recommend acceptance of Articles 24 and 25 relating to medical marijuana facilities; second by Mr. Ellis; motion passed by unanimous vote.

Mr. Gallagher moved to recommend acceptance of Article 26 relating to an extension of the current moratorium for medical marijuana facilities; second by Mr. Ellis; motion passed by vote of four in favor and one opposed (Mr. Andrade).

7:04 p.m. – Carlton Street:  Attorney Edmund Brennan, Taunton, MA, appeared before the Board to discuss improvement of Carlton Street, a “paper street” off South Street West.  Attorney Brennan noted he has been before the Board on two other occasions to discuss this property.  He asked to what extent the Board would want Carlton Street improved if his client creates two lots and a possible third lot is developed by a person other than his client.  He submitted a concept plan (“Composite Aerial”, prepared by Silva Engineering, dated 10/12/13).  The Board and Attorney Brennan discussed the plan and whether or not a “hammerhead” turnaround on Carlton Street would be acceptable.

During discussion it was noted that there are five acres across from the property Attorney Brennan represents that may be opened up for development if Carlton Street is improved.  Attorney Brennan noted he is here to discuss the development of two lots for his client.

Attorney Brennan asked if the Planning Board would consider granting waivers for the road if input is received from the Town’s safety departments.  The Board suggested Attorney Brennan speak to the fire department about the width of the road and any other concerns with possible development on the road.  Attorney Brennan said he will be doing that before returning to the Board again.

Town Planner update:  Proposed changes to the Planning Board’s fee schedule were discussed.  The Board discussed that no preliminary plans have been submitted since the last time the fees were changed and perhaps more developers would submit a preliminary plan if the fees are reasonable.  (Mr. Gallagher left the meeting.)

General Business:  Mr. Fountain moved to waive the reading and approve the amended minutes of August 15, 2012; second by Mr. Driscoll; motion passed by unanimous vote (3-0).

Mr. Fountain moved to waive the reading and approve the minutes of September 5, 2013; second by Mr. Driscoll; motion passed by unanimous vote (3-0).

Mr. Fountain moved to waive the reading and approve the minutes of September 19, 2013; second by Mr. Driscoll; motion passed by unanimous vote (3-0).

Invoices were signed.  (Mr. Gallagher returned to the Board.)

Memorandum, dated October 17, 2013, on the Final As-Built Review for Metro VW was received from Nitsch Engineering.  No action was taken.

Discussion of fees resumed.  It was agreed to hold a public hearing on the revised fee schedule on November 7th.  Mr. Charbonneau will revise the fee schedule and send to Board members.  

There was no further business and the meeting adjourned at 7:38 p.m.

Christopher J. Gallagher, Clerk.  

Town of Raynham 558 South Main St., Raynham, MA 02767
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