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Raynham, Massachusetts.  Incorporated 1731

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Planning Board minutes August 21, 2014
The Raynham Planning Board held a meeting on Thursday, August 21, 2014, at Raynham Veterans' Memorial Town Hall.  Chairman Daniel Andrade opened the meeting at 6:03 p.m.

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

Board members not present:  Christopher Gallagher

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

6:03 p.m. – Form A Hill Street:  Michael Tokarz, Hill Street, Raynham, presented a Form A plan that proposed an exchange of square footage between his 703 and 705 Hill Street properties with no change to frontage or zoning conformities by the plan.  The Board reviewed the plan.  There was no one present with comments or questions.  Mr. Fountain moved to approve “A Form A Plan in Raynham, MA for Big Realty Trust,” dated August 4, 2014, prepared by Senna Fitzgerald Gilbert Associates, Lakeville, MA; second by Mr. Driscoll; motion passed 4-0-0.  The plan was endorsed.

6:10 p.m. – 252 Britton Street abbreviated site plan:  Public hearing was opened.  Mr. Ellis read the hearing notice.  Owner/applicant Daniel DaRosa, Mattapoisett, MA, and Ken Motta, P.E., Field Engineering, Taunton, MA, presented the site plan.  

Mr. DaRosa explained that he now owns the property, having passed papers on August 7th, and the Raynham Board of Appeals last night approved a special permit he sought to expand the pre-existing, non-conforming use at the property.  Mr. DaRosa’s plan proposes an administrative/ sales office on the first floor of the existing structure and a residential apartment on the second floor, similar to what exists now.  A 1600 sq. ft. first-floor addition is planned for the business use.  Mr. DaRosa noted the structure will be maintaining its residential look to fit into the surrounding neighborhood.

Mr. Ellis asked where the construction business equipment will be located.  Mr. DaRosa explained the adjacent lot will house the warehouse and equipment.  Mr. Andrade explained that the existing parcel is split zoned and an article to rezone the entire parcel to business is planned for the Fall Town Meeting, and this plan will fit into the Rte. 138 rezoning that is being planned.

John and Barbara Mariorenzi, Broadway, owners of the abutting Center Glass property, both spoke in favor of the project.  They stated Mr. DaRosa is reputable and is a welcomed addition to the neighborhood.

Janet Boccuzzo, direct abutter on Britton Street, spoke in favor of the project, noting Mr. DaRosa has already made improvements to the property.

No one spoke in opposition to the proposed site plan.   

Mr. Andrade encouraged those present to go to the Town Meeting to support the zoning change for the property.  It was noted a public hearing for the rezoning will be scheduled for October 2nd.  

Mr. Motta explained that the parking will be on the Britton Street property, but not in front of the building, and on the Broadway parcel along the existing stone wall.

Site lighting was discussed.  Mr. Andrade noted there are adjacent Residential A properties.  Mr. DaRosa explained there will be lamps on the house and some may be added later where vehicles are parked but the residential look will be maintained with no poles or big lights.  Mr. Ellis suggested there be zero footcandles at the property line.

Mr. Fountain moved to approve the abbreviated site plan “Proposed Site Development B & D Construction 252 Britton Street,” prepared by Field Engineering, dated July 25, 2014, last revised July 31, 2014; second Mr. Driscoll; motion passed 4-0-0.  It was noted no plan waivers were requested.  Certificate of Action will be prepared.  (Mr. Ellis left the meeting at 6:28 p.m.)  

6:29 p.m. – Carlton Street subdivision plan:  Public hearing was reconvened.  Attorney Edmund Brennan, Taunton, MA, was present on behalf of applicant.  He noted there was no testimony taken at the previous hearing.  Attorney Brennan submitted correspondence, dated August 21, 2014, from Silva Engineering Associates, P.C., and a revised plan, in response to Beals and Thomas project review comments.

Attorney Brennan requested the hearing be continued to the next meeting so there will be four Board members present.  The public hearing was continued to September 4th, 6:15 p.m.  No testimony was taken.

6:35 p.m. - Town Planner update

  • Memo dated 08/18/14 - Article for Fall Town Meeting is being proposed to amend zoning by-laws, Section 13.8.d, to allow issuance of an occupancy permit for individual phases and/or buildings for condominium developments and multi-family developments.  Mr. Charbonneau noted the Building Inspector is agreeable to the amendment.  Mr. Andrade moved to sponsor the amendment; second by Mr. Fountain; motion passed 3-0-0.
  • Memo dated 08/18/14 - Article to add language to zoning by-laws, Section 6.6.9, imposing a 30-day time limit for temporary signs, is being proposed for Fall Town Meeting.  The Building Inspector will sponsor the article.
  • Memo dated 08/21/14 – Working with Mr. Fountain, Mr. Charbonneau drafted amendment language to Section 5.1 to provide zoning protection for lots established through the subdivision or ANR process.  As it currently stands, subdivision lots lose their zoning protection after eight years.  The Board discussed the language outlined in the memo.  Mr. Fountain discussed that deeding lots out, known as ‘checkerboarding,’ is an alternative way to protect a lot’s zoning status but that does not always work, and courts, at times, have overturned attempts at this method of zoning protection.  He noted the proposal may help a developer from having to finish a subdivision before he is ready to do so.  Board members discussed the fact that the Board has in the past told developers to complete a subdivision so the infrastructures will not deteriorate.  It was noted the highway department requires a bond before signing a building permit application in order to cover the cost of any road damages that may incur during the building process.
Mr. Charbonneau noted the Building Inspector is not too supportive of this amendment.  Mr. Driscoll discussed that he is concerned with any unintended consequences.  No action was taken.

  • Memo dated 08/21/14 – ‘Housekeeping’ amendment to add language to clarify existing subsections in the dimensional requirements table of Section 5.1 was discussed.  Mr. Charbonneau explained, noting the Building Inspector is supportive of the amendment.  After discussion, Mr. Andrade moved to sponsor the amendment as submitted; second by Mr. Fountain; motion passed 3-0-0.
  • Route 138 zoning overlay district:  Mr. Charbonneau distributed copies of a draft overlay district amendment.  History of the corridor was given, noting that in 2011, under direction of previous Town Planner Marilyn Whalley, a $10,000 grant allowed SRPEDD to conduct a land use study along Rte. 138 and a steering committee was then formed to consider a recommended mixed-use overlay district along a portion of Broadway.  No action was taken at that time, but in 2013 the committee reconvened.  Mr. Charbonneau noted he has been working with Mr. Andrade on an overlay district and has contacted owners of 35 properties in the affected area of Broadway and found the majority of them to be supportive of an overlay to the business zone.  He noted many of the residents contacted were concerned with the possible effect the proposed commuter rail line would have on their properties.  
Mr. Charbonneau reviewed his memo, noting what would be allowed and not allowed by the overlay district.   He noted the residential properties to the rear of Broadway must be protected.  He noted dimensional requirements will not change by the overlay district, design guidelines will be added, ‘smart growth’ will be promoted and the zoning will be self-regulatory as a result of the lot sizes.  It was noted the overlay district will not allow drive-through windows for restaurants but will allow for banks or pharmacies.  

Mr. Andrade and Mr. Charbonneau agreed the proposed overlay district fits in with SRPEDD’s long term goal and is a good compromise to the rezoning of Broadway, which the Rte. 138 committee has been working on for three years.  Mr. Andrade noted the proposal is not a zoning change but rather an overlay district that will simplify the current zoning districts on Broadway while still allowing the current uses of the underlying zoning districts, it will keep dimensional regulations to protect rear property setbacks, and design guidelines will be in place for the overlay district.

It was noted the overlay district will cover a 2.19 mile section of Broadway, it will follow property lines and will have no split-zoned lots.  

It was agreed the next step will be a meeting of the Rte. 138 zoning committee and a public hearing will be held by the Planning Board to allow public input.

General Business:  Mr. Fountain moved to waive the reading and approve the minutes of August 7, 2014, as submitted; second by Mr. Driscoll; motion passed 3-0-0.

There was no further business, and the meeting adjourned at 7:33 p.m.

Respectfully submitted,

Christopher J. Gallagher, Clerk

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