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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes March 20, 2014
The Raynham Planning Board held a meeting on Thursday, March 20, 2014, at Raynham Veterans' Memorial Town Hall.  Chairman Andrade opened the meeting at 6:00 p.m.
Board members present:  Daniel Andrade, Burke Fountain, Henry Ellis, Christopher Gallagher

Board members not present:  Russell Driscoll
Staff present:  John Charbonneau, Director Planning & Community Development; Maureen McKenney, Administrative Assistant
6:00 p.m. – South Street East:  Developer Douglas King, Easton, MA, appeared before the Board to discuss his property on South Street East, adjacent to the Riverview Meadows apartment complex.  Memo from Mr. Charbonneau dated March 17, 2014, re. Riverview Meadows was received.
Mr. Andrade explained that Mr. King wants to give up the right to construct the remainder of the 40B project that was approved for this property and instead build townhouse condos on the property.  Mr. Andrade noted the right to develop the 40B “never goes away” and the remaining 40B apartment units can still be built on this property but the townhouse condos cannot be built because the property is zoned business.  
Mr. Gallagher felt case law should be researched to confirm that the 40B permit is still valid after all these years.  Mr. Fountain noted a time limit cannot be set by the Town to finish the project as there was no limit written into the 40B decision.  Mr. Charbonneau noted that after he spoke to several people on the issue, he believes the 40B permit is active in perpetuity.
Mr. Andrade discussed that he felt Mr. King’s wish to construct town houses on his property and the 40B project should be treated as separate issues and the 40B project should not be given up since the town is below 10% required affordable housing units.  

The Board and Mr. King discussed which parcels were involved in the original 40B decision and whether or not the parcel that Mr. King wants to now build townhouses on was included in the 40B decision.  Mr. King explained that Lot B1 (the lot being proposed for townhouses) was part of the 40B decision but is a separate lot.  Mr. Fountain noted that he would like to see proof if the parcels are held separately.  Mr. Andrade felt if the parcels are held separately, the 40B permit should not be given up.  

Mr. Andrade discussed that it would be a big change for the Town if changes were made to the uses allowed in a business district and more Town boards and departments would have to be involved if those changes were being considered.  He noted that if a business district is more than 30% residential in use, it may not be a real business district and that this section of South Street East is identical to Rte. 138 in that regard.
Mr. Gallagher noted that rezoning would be taking areas meant for business and changing them to residential areas.  Mr. King noted that allowing the residential use such as the townhouses in a business zone could be done by special permit.

Mr. Charbonneau asked Mr. King if he plans to complete the remaining phases of Riverview Meadows.  Mr. King stated he is ready now but is trying to decide what to do.  Mr. Andrade stated he felt it is a mistake to bring the 40B into the discussion.
After discussion, Mr. Andrade suggested Mr. King continue working with the Town over the next year.  Mr. King agreed, telling the Board that he is here to work with the Town, not to threaten a project.

Board members agreed they were talking generally about rezoning part of this area of South Street East to allow condos/townhouses and not talking about loosening the business district by-laws.
Mr. Andrade suggested Mr. King continue working with the Town on the concept and consider the Town’s Master Plan in the process.  Mr. King agreed to provide the Board with a copy of the approved 40B plan.  No action was taken.
6:42 p.m. 147 South Street West:  Attorney Ed Brennan, Taunton, MA, appeared before the Board.  (Mr. Andrade excused himself and left the meeting room.)  Attorney Brennan noted he was not on the agenda but asked for a few minutes of the Board’s time to discuss a proposed plan for 147 South Street West, which is located between the Wynn and Wynn office building and an auto mechanic business.  
Attorney Brennan explained the property is now vacant and the owner, Mr. Andrade, is considering a plan to construct a building of 10 storage units with office space within each unit.  The property is zoned business but there are several residences in the area.  Issues such as the need for screening, a waiver to allow parking within 7.5 feet of the foundation, traffic flow on the site, access/egress and bollards were discussed.  
Board members agreed they were concerned about traffic flow on the site especially for trucks.  They suggested Attorney Brennan consider a one-way traffic flow, and they suggested he talk to the Building Commissioner regarding the need for a buffer.   Attorney Brennan agreed to do so.
Board members agreed they like the plan concept.  No action was taken.

(Mr. Andrade returned to the Board.)
Letter from Randall Buckner, Town Administrator, regarding Town acceptance of Carriage Hill Estates II was received.  The Selectmen will be holding a hearing on acceptance of the road.  Nitsch Engineering will be asked to do an updated site inspection and the Board will report back to the Selectmen.
Town Planner update:  

  • The Route 138 overlay by-law is progressing.
  • There will be a public hearing to amend the subdivision regulations on April 6th.  Amendments relate to changing from a covenant to surety, the procedure for road acceptance and abbreviated site plan.
  • The Board of Overseers is moving forward with signage and marketing to promote business.  Adding Raynham to signs on the highways is being researched.
  • The medical marijuana by-law will be on the Annual Town Meeting warrant. (Memo dated March 17, 2014 submitted.)
  • The owners of the property at the corner of Rte. 44 and South Street West are considering the construction of a new gas station on the site.
  • The proposed by-law for beekeeping will be discussed next week.  (Memo March 17, 2014 was submitted.)
  • Memo dated March 17, 2014 regarding amendments to Zoning By-laws Sec. 6.3, Accessory Buildings and Uses, was received.  Language related to storage containers will be added.  Article 10, Definitions, will also be amended.
        Mr. Fountain asked if the amendment for storage containers applies to the       containers, dumpsters and/or moving pods homeowners often keep in their driveways when they are moving.  Mr. Charbonneau said he did not believe the by-law applied to  that as dumpsters are not included in the new language.  Mr. Gallagher suggested adding a definition for storage container to the by-laws to avoid problems for homeowners using moving pods/dumpsters.  
General Business:  Mr. Fountain moved to waive the reading and approve the minutes of    March 6, 2014; second by Mr. Ellis; motion passed by unanimous vote.
Invoices were signed.
There was no further business and the meeting adjourned at 7:12 p.m.

Respectfully submitted,

Christopher Gallagher, Clerk

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