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final minutes 10 16 06
FINAL  MINUTES FOR THE RAYNHAM ROUTE 138 ZONING STUDY COMMITTEE MEETING ON OCTOBER 16, 2006



The meeting of the Raynham Route 138 Zoning Study Committee was called to order at 5:19 p.m.


Economic and Business Development Commission Present:  
  Joseph Pacheco
 Bea Scannell
 David Stone
 Carol Sullivan
 David Hutchinson
Staff present:  Erika Ueberbacher, Conservation Agent; Richard McCarthy (Town Planner), Rod Palmer (Building Commissioner)
Members Present:  Joseph Pacheco, Chairman
Voting Members Present:  Frank Rozenas
                                Louis Bousquet
                                Tony Ghelfi
                                Mike Scarlett
                                Harry Carey
Appointed Advisory member present:  John Noblin  
Guests present:  Carla McRae (Help Raynham)
            
  
The meeting of the Raynham Route 138 Zoning Study Committee was closed at 6:25 p.m.


Economic and Business Development Commission Present:  
  Joseph Pacheco
 Bea Scannell
 David Stone
 Carol Sullivan
 David Hutchinson
Staff present:  Erika Ueberbacher, Conservation Agent; Richard McCarthy (Town Planner), Rod Palmer (Building Commissioner)
Members Present:  Joseph Pacheco, Chairman
Voting Members Present:  Frank Rozenas
                                Louis Bousquet
                                Tony Ghelfi
                                Mike Scarlett
                                Harry Carey
Appointed Advisory member present:  John Noblin  
Guests present:  Carla McRae (Help Raynham)


1.      Approval of Minutes from 10/2/06

VOTE TO:
        Accept minutes from 10/2/06.

        MOTION MADE BY:
Joe Pacheco
Frank Rozenas
        Louis Bousquet
Tony Ghelfi
Harry Carey
Mike Scarlett

        MOTION SECONDED BY:
Joe Pacheco
Frank Rozenas
        Louis Bousquet
Tony Ghelfi
Harry Carey
Mike Scarlett

        VOTE:
Joe Pacheco
Frank Rozenas
        Louis Bousquet
Tony Ghelfi
Harry Carey
Mike Scarlett



2.      Discussion of letters of interest received for opening on Committee

DISCUSSION:
Business and Economic Development to recommend to the Selectmen that Carla McRae be appointed, so it should come up at the Selectmen’s meeting tomorrow night.


3.      Guest Speakers/Mass Highway/Wal-Mart

DISCUSSION:
N/A     


4.      Discussion re:  Draft revisions to Designated Development District of the current Zoning Bylaws or working with Help Raynham draft

DISCUSSION:
Ms. McRae stated that Help Raynham was, originally, concerned about North Raynham.  They, first, thought about renaming the zoned area.  They came up with a business district, and, then, looked at what was, currently, on the books, and it was called the designated development district.  The main thing they were concerned about was that they did not want a big box store at the north end of 138.  They wanted to bring it to Town meeting with a few amended changes, such as, they wanted to rezone parcels of land that are industrial at the north end of 138, and, there are a few lots on the north end of Prospect Hill Street that are industrial, and make them farm and forest.
Ms. Euberbacher clarified that Help Raynham went from creating a whole new district to redefining, or amending, the designated development district.  She recommended that they put a map together of what areas need to be rezoned.  She inquired of Ms. McRae if Help Raynham had a proposal to have that whole stretch of 138 be designated development.  Ms. McRae stated that Help Raynham decided to look at industrial parcels for now, and, then, start on the residential business district.  They thought that might fit the rest of 138.  Mr. Noblin inquired if they would need to have a hearing for the Planning Board to change the bylaw.  Ms. McRae stated that they would, and that they needed 100 signatures to get it on the warrant for this Town meeting, and Help Raynham just could not get it together fast enough for the Town meeting, this time.
Mr. Noblin inquired what changes Help Raynham made, and why they were not happy with the way it was.  Ms. McRae restated the concerns about the “big box”, and stated that some of the language was just too commercial.  She stated that they agreed that a medical office park would be okay, or a Raynham Woods with some small light industrial would be okay, but they wanted to get rid of the potential for the big box kind of thing.  Mr. Noblin stated that big box retail would probably not be allowed in a designated development area.  Ms. McRae responded that better definitions are needed, and they need to identify what commercial means.  Mr. McCarthy stated that retail is not allowed in Raynham Woods.  Mr. Palmer stated that a doctor in Raynham Woods is building his medical facility in there, and, requested clarification on what was retail because he has eye doctors, and physical therapists working there, and eyeglasses, and physical therapy items will be sold from his building, and that would be the extent of his retail.  Mr. Palmer, further, stated that these types of items are incidental to the use of that building; however, a retail store is not allowed in a designated development district.  It was stated that retail and commercial should be clarified for zoning purposes.  
Ms. Euberbacher made a suggestion.  She stated that the purpose of the meeting was to decide where to go from here.  She stated that if Help Raynham were interested in working out the designated development district section, 4 and 6, which are already in the bylaws, that would be something the 138 Committee would be on board with trying to work out.  The second thing would be to come up with definitions that are lacking.  Then, the Committee would need to decide if they want to amend the zoning maps, and the parcels as a whole.  She inquired of Mr. McCarthy how he sees this progressing in terms of the groups working together since they don’t want to be redundant, they want to work together, and they do not want competing topics at the Town meeting.  Mr. McCarthy stated that the 138 Committee should see if a rezoning of these areas to designated development district, dog track, Rozenas’ property, and down south, makes sense.  Ms. Euberbacher inquired whether that would be the designated development district already on the books or the more modified mixed use one they worked on before.  Mr. McCarthy stated that it would be the modification of the 4 and 6 sections.
Mr. McCarthy stated that industrial is going by the wayside.  Ms. Euberbacher responded by stating that if Ryan Iron had a small retail operation as part of its business, it is an allowable use if it is incidental to whatever they are doing.  Mr. Palmer stated that there are a lot of businesses where they need to sell items to their customers, it is part of their business, but he is not sure what Ryan sells.  Mr. McCarthy stated that the quandary is that Ryan sits out on an island, and if they make this change, and include them, it should go down further south, to where the stencil shop is.
Ms. Euberbacher mentioned that a car dealer owner came to the last meeting, and was concerned that he was rezoned from business district to designated development district, more of an office district.  He has the opportunity to be grand fathered.  Ms. Sullivan asked if he sold the property, and rehabbed it, what would happen to their designation.  Mr. Palmer responded that they would need a special permit.  Ms. Euberbacher, further, states that anyone rehabbing needs to go through special permit.   Ms. Sullivan inquired as to if they would lose their dealership if they expanded.  Mr. Palmer replied that they would not if there is a need to expand, and they obtain a special permit.  However, if the dealership stops being a dealership, then, they may not be zoned correctly.  Mr. Noblin, also, added that one could only expand a non-conforming up to 50%.
Mr. McCarthy mentioned that things need to happen simultaneously in order to make progress.  Mr. Noblin stated that the Committee should obtain the support of the people of properties in question.  If we do not have their support, they are going to file plans to protect what they have.  Mr. Bousquet added that we need to know what we are going to ask them, first.  Ms. Euberbacher stated that if Sections 4 and 6 get modified, and the definitions get expanded, and the zoning bylaws are reviewed, and it is all on paper, then, the Committee can go to business owners and tell them what they can do, and this is what the Committee is hoping to get passed, and get their thoughts out on.  She, further, stated that it is not helpful if we do not have the changes already on paper.
Mr. McCarthy stated that status quo is an option here, as well.  The residential business district has some good quality points that could be used for other areas that the Committee could apply it to.  Ms. Euberbacher stated that the Committee should be prepared to discuss, and vote, on them in the next meeting.  Also, anyone who has expanded definitions can present those so that they are ready to be passed out at the next meeting.  She, further, stated that, at some point, the Committee should do mixed use development.  Mr. McCarthy stated that we already have usage tables complete which includes designated development.  He asked that it be brought to the next meeting, and, then, the Committee can red line the different uses that we develop definitions for, and, then, start to make a decision.  
Mr. McCarthy spoke about the designated development district, and how it may affect certain properties in Town.  For instance, this change does not really harm Mr. Rozenas’ property.  In regards to what happens across the street from Mr. Rozenas, this may help him more than leaving it status quo.  He mentioned that the dog track would, probably, not accept designated development since it does not allow dog racing.  They could stay non-conforming, however, the Carney’s do not like to be non-confirming because they will need a special permit for everything they would like to do, including the slots.  He, also, stated that if the dog track does not work out, that could be redeveloped into a Raynham Woods.  Ms. Euberbacher added that it might make a good mixed-use area.
Ms. Euberbacher stated that in the changes that Help Raynham has proposed, the only real substantive ones that may be of concern are the changes in the height limitations, and then, under 6.9.72 changing from retail business to office/banking.  She inquired of the Committee if there was a definition for office/banking, or if one needs to be created.  Ms. McRae responded that the reason it was changed was because retail business was in there, but it was not in the zoning at all, so Help Raynham was not sure how that wording came to be in there, so they changed it to office/banking.  Mr. McCarthy stated that the Committee could ask Carl about the  story/height limitation questions they had, and have that answer for the next meeting.  He, also, stated that he did not see any harm with the story/height limitation, and the parking.  Ms. Euberbacher stated that those changes, actually, make it a little clearer.
Mr. McCarthy inquired as to if incidental retail should be clarified.  He stated that once they have clarification of this term, incidental retail, it might be okay to Ryan and Ryan Drive.  It might not be harmful to them, or what their business plans are.  Ms. Euberbacher stated that the Committee could be ready to vote on the table of use if Mr. McCarthy receives a response about the height question from Carl, and emails the table of use out to everyone.  She, then, stated, that the Committee could look at the definition for incidental retail, and, perhaps vote on that at the next meeting, as well.  Mr. McCarthy stated that he would send out the use table so everyone could review the uses that the Committee wants to see.  He asked that everyone pick out uses that should be clarified which we do not have definitions for.
Mr. Noblin stated that a property owner zoned industrial is, probably, not going to be happy if they are told that they are going to be rezoned to farm and forest.  He mentioned that it might be better to rezone those to residential instead of farm and forest.  Ms. McRae stated that they did that because they did not want to spot zone due to the fact that the rest of the street is farm and forest.  Mr. Ghelfi inquired about rezoning it instead to designated development district.  Mr. Noblin responded that that at least gives them more options.  Ms. Euberbacher stated that it might be helpful to have those people who live on those industrial zoned lots in to discuss.
There was some discussion about allowing slots at the Raynham Dog Track.  Help Raynham , currently, does not have an opinion on the slot machines.
Then, there was some discussion on building a parking garage, and the height limitation for that.  Some felt there should be a height limitation; others thought there should be a limit on the number of stories.  Mr. McCarthy mentioned that today one could have a parking garage, and wrap it around with use.

TO DO:
Mr. McCarthy – Ask Carl about the story/height limitation question.   






5.      Discussion of Table of Use Requirements as it relates to traffic and sewer usage

DISCUSSION:
Mr. McCarthy to modify Sections 4 and 6 with the use table, and email it out to everyone.


6.      Update on grant from Richard McCarthy

DISCUSSION:
        Mr. McCarthy stated that the grant has not been awarded as of yet.


7.      Committee member updates

DISCUSSION:
        N/A


8.      Community Input

DISCUSSION:
There was some discussion on the commuter rail.  Mr. McCarthy met with someone in August.  It was, originally, proposed to be at the dog track, but it got shifted to Ryan Iron.  However, Ryan Iron put a building in where the commuter rail is proposed, so there was some discussion to shift it back up to the dog track.  Also, at the same time, there was some talk of transit-oriented development.  This would be a mixed-use area, which would include housing, commercial, office, sort of a village around the commuter rail.  This would be the best location to have this type of development.  The people Mr. McCarthy met with would like some feedback from the Town on transit-oriented development around a commuter rail station.  


9.      To Do’s

DISCUSSION:
-       Mr. McCarthy to modify Sections 4 and 6 with the use table, and email it out to everyone.
-       Mr. McCarthy to ask Carl about the story/height limitation questions.  


10.     Next Meeting

DISCUSSION:
-    Vote on Minutes from 10/16/06 meeting
-    Guest Speakers – Mass Highway / Wal-Mart
-       Committee Member Update
-       Community Input


TIME MEETING CLOSED: 6:25 p.m.; reconvene November 6 at 5:15 p.m.


MOTION TO CLOSE BY:
Joe Pacheco
Frank Rozenas
                Louis Bousquet
Tony Ghelfi
Harry Carey
Mike Scarlett

MOTION SECONDED BY:
Joe Pacheco
Frank Rozenas
                Louis Bousquet
Tony Ghelfi
Harry Carey
Mike Scarlett

                VOTE:
Joe Pacheco
Frank Rozenas
                Louis Bousquet
Tony Ghelfi
Harry Carey
Mike Scarlett



 
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