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final minutes 8-07-06
FINAL MINUTES FOR THE RAYNHAM ROUTE 138 ZONING STUDY COMMITTEE MEETING ON AUGUST 7, 2006



The meeting of the Raynham Route 138 Zoning Study Committee was called to order at 5:21 p.m.

Economic and Business Development Commission Present:  
  Joseph Pacheco
 David Hutchinson
Staff present:  Erika Ueberbacher, Conservation Agent; Richard McCarthy, Town Planner
SRPEDD Present:  PersonNameGreg Guimond, Jim Hatfield  
Members Present:  Joseph Pacheco, Chairman
Voting Members Present:  Frank Rozenas
                                Rev. Michael Scarlett
                                Louis Bousquet
                                PersonNameTony Ghelfi
                                 Antonio Macedo
                                 Harry Carey
Appointed Advisory member present:  N/A  
Guests present:  Carla McRae (Help Raynham), Dave McRae (Help Raynham), PersonNameRobin Burns (Help Raynham), Alan Perry (BOH), Roger Stolte (Highway Dept.), Chris Gallagher (Planning Board), Sgt. Hastings, Mario Bettencourt (RPD), Chief Andrews; Mark Carmichael (Mass Highway)
              
The meeting of the Raynham Route 138 Zoning Study Committee was closed at 7:06 p.m.

Economic and Business Development Commission present:  
  Joseph Pacheco
 David Hutchinson
Staff present:  Erika Ueberbacher, Conservation Agent; Richard McCarthy, Town Planner
SRPEDD present:  PersonNameGreg Guimond, Jim Hatfield
Members Present:  Joseph Pacheco, Chairman
Voting Members Present:  Frank Rozenas
                                Rev. Michael Scarlett
                                Louis Bousquet
                                PersonNameTony Ghelfi
                                Antonio Macedo
                                Harry Carey                             
Appointed Advisory member present:  N/A
Guests present:   Carla McRae (Help Raynham), Dave McRae (Help Raynham), PersonNameRobin Burns (Help Raynham), Alan Perry (BOH), Roger Stolte (Highway Dept.), Chris Gallagher (Planning Board), Sgt. Hastings, Mario Bettencourt (RPD), Chief Andrews, Mark Carmichael (Mass Highway)
                      




1.      7/17 Meeting Minutes

VOTE TO:
        Accept minutes from 7/17/06.

        MOTION MADE BY:
Joe Pacheco
Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
        Antonio Macedo
        Harry Carey

        MOTION SECONDED BY:
Joseph Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
                Harry Carey





        VOTE:
Joseph Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey


2.      Alan Perry, BOH

DISCUSSION:
Alan Perry, from the Board of Health, attended the meeting.  The Committee wanted to get his thoughts, from a health standpoint, on what kind of businesses he thought the Town could handle.  The Committee had talked about bio-medical buildings, and they wanted to know, if an accident occurred there, would the Town be able to handle, or respond to it.  Mr. Perry stated that it depended on what was being handled, and, depending on what it was, it may not even matter because it could be the State health department that would have jurisdiction.  If it were bio-medical waste, or waste potentially hazardous to the public, then, they would need BOH approval before they could open their doors, however.  
Ms. Carla McRae of Help Raynham questioned depending on the kind of bio-medical research we might allow in our Town, are we ready to respond to emergencies up to a terrorist level.  Mr. Perry remarked that from a public health point of view, it would not matter what the zoning was, the type of business would have to be approved through a site assignment process.  Further, a bio-terrorism event would, probably, have to be taken out of the Town’s hands, like by the FBI.
Sgt. Mario Bettencourt and Sgt. Hastings attended the meeting representing the Raynham Police Department.  Mr. Pacheco asked them if we allowed, through zoning, biomedical buildings, could the RPD handle an emergency response where the federal and state departments were also involved.  Sgt. Hastings recalled a time when the terrorist attacks on 9/11 happened there was a call for white powder in a store.  RPD called in a HASMAT team, and they checked things out.
Mr. Macedo stated that we could rezone, and write it up to help prevent certain things in the Town.  However, Mr. Pacheco stated that when they brought this to the Selectmen, previously, they did not want the door closed automatically because it could blow their chance for State incentives for certain types of buildings, so, he did not want anyone to completely rule it out.  
Mr. Ghelfi remarked that he thought #9 referred to research and development, and that the word “bio” was left out.  Ms. Euberbacher responded that they took out bio-medical, bioresearch, Biotech Company, and left Research and Development, and engineering, and, the way it gets written, it would make it by special permit.  Mr. Gallagher stated that they cannot not allow a use; it has to be allowed in some district, and, if it is by special permit, they should get the criteria for why a special permit should be granted.  Mr. McCarthy responded that one can prohibit uses, such as no adult-type business, but other adult stuff, such as singing, cannot be prohibited.
Lastly, Mr. Guimond stated that the other thing to be careful of is having something in your bylaw that you do not like, or do not understand, because the State could come in, and amend it.

 
3.      Mark Carmichael, addressStreetMass Highway

DISCUSSION:
Mark Carmichael of addressStreetMass Highway attended the meeting.  
Mr. Pacheco began by stating that it is the Committee’s understanding that MH wants to change 138 into four lanes, except for King Phillip to addressStreetBritton Street, and that this Committee would like to align MH’s plans with this Committee’s goals.  Mr. Carmichael stated that there was no long-term plan for 138, but they were just responding to developmental pressures and proposals.  He mentioned certain locations such as the Carver intersection, the addressStreetCenter St. intersection, and the Wal-Mart front door, and stated that in order to address traffic at these locations, and proximity to one another, a four-lane section was needed to get traffic through more efficiently.  Also, he mentioned that it was not a goal, but, rather, a reaction to what is occurring, and that they are still in negotiations with Wal-Mart.
Mr. McCarthy stated that what he understood was that it was going to be a four-lane to King Phillip, and a two lane in a residential area.  Mr. Carmichael responded that MH is not promoting a four-lane intersection through this residential area because if they do, there could be a racetrack like effect through this residential area.  Mr. McCarthy asked if MH could do a four lane with narrow shoulders.  Mr. Carmichael responded that that would affect the sidewalk issue, and that it would, also, affect drainage.
Mr. Pacheco asked MH if a middle median strip could be put in on 138.  MH suggested taking a look at the businesses on either side of the street to determine if they would want people turning in from the other side of the street.
Chief Andrews questioned when there would be a light at addressStreetCenter Street.  Mr. Carmichael responded that that was a condition that had been placed on Wal-Mart.  First, a signal would need to be put on 495, and second would be the signalization of addressStreetCenter Street.
Ms. Carla McRae asked about a center turning lane.  Mr. Carmichael responded that sometimes they are problematic, and sometimes cause crashes, but where they are located in placeStateMassachusetts, they do work.
Mr. McCarthy responded that one other issue is no left turn into McDonald’s.  Mr. Carmichael responded that they are not that far into the design as of yet, and that there is nothing in the Wal-Mart mitigation for addressStreetCarver Street.  Mr. Stolte mentions that it is a very unsafe situation on addressStreetCarver Street.  There needs to be another lane.  The center turn lane gives you an opportunity, and it is a safer scenario for a half-mile of road, and, even, emergency vehicles could use it.  Mr. Carmichael stated that as far as he knew the Town did not want 138 widened to four lanes, and this is the first time they’ve heard that the Town wants four lanes.  He, also, did not know the Town considered addressStreetCarver Street a requirement.  He mentioned that in order to change the requirements in place by WM, the Town would need to re-check the plans.  Mr. Carey mentioned that he had been trying to get addressStreetCarver Street straightened out for years.  Jim Hatfield, of SRPDD, mentioned that in 1998 Carver Street was reviewed.  It exceeded safety problems and had an increasing accident rate.  He stated that over the past three years, the accident rate was compared with, and without, the signal.  The accident rate reduced, substantially, with the signal.  However, the left turns off of Broadway onto Carver Street are more prevalent to solve.  If they separate left turns with a signal during peak traffic hours, it will extend traffic back ups on Broadway, or a left turn lane will need to be added which means adding a lane to the intersection.
Mr. McRae asked if Wal-Mart makes a four-lane highway, and MH approves it, does the Town have any say in this matter.  Mr. Carmichael stated that WM stated that they’ve met with the Town, and is doing what the Town wants.
A representative from SRPDD stated that there seems to be a miscommunication with MH, and WM may be lying.  Chief Andrews stated that he believes there is some miscommunication.  He, also, stated that he is all for turning lanes.
MH stated that 495 needs a signal, and, also, needs some geometric improvements.  WM will pay for the signal and the design.  WM states that MH will do it, and MH will do it when it gets around to it   WM should pay for this, however, in the WM MEPA process, in their report, they put the burden on everybody else to pay for the improvements.
Mr. Stolte stated that there are flooding problems on 138, and the whole corridor needs to be looked at in terms of flooding.
Mr. McRae questioned what happens if the train goes through.  Also, would this affect 138.
Mr. Guimond of SRPDD stated that the Town should go back in regarding the conditions, and, be specific about what they are shown, and all things referenced be put in that document.
Mr. Carmichael stated that the Town, and MH, needs to put their heads together without WM in the room.  Construction is more expensive than design, so WM is always willing to help design something.  He, further, stated that WM seems very anxious about signals at 495 even though in their presentations they state that they will not receive a lot of traffic off of 495.  This is a concern to MH.  He stated, also, that any conditions placed upon WM to place signals at 495 are unreasonable to WM because they state that they will not have a lot of traffic coming off of 495.  However, the condition is that WM cannot go onto phase two without those signals in.  
Mr. Carmichael, also, stated that when the condition was placed upon WM to signalize Center Street, WM made the counter proposal to go in right now, and signalize it.  However, if that had been done, there would be significant traffic back-ups due to that only being a single light not constructed to handle the WM traffic.
Mr. Pacheco, then, stated that the course of action of this Committee is to take a vote and recommend to the Planning Board to go back based on PersonNameGreg Guimond’s (SRPDD) recommendation to re-review that plan.     

VOTE TO:
Recommend to the Planning Board to go back, based on PersonNameGreg Guimond’s (SRPDD) recommendation, to re-review the WM plan.


MOTION MADE BY:
Joe Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
Louis Bousquet
PersonNameTony Ghelfi
        Antonio Macedo
        Harry Carey

MOTION SECONDED BY:
Joseph Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey









VOTE:
Joseph Pacheco
Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey

DISCUSSION:
Mark Carmichael stated that the Committee, also, might want to vote to meet with MH to clear the air, as MH thought they were already doing what the Town wanted.

VOTE TO:
Meet with MH to clear the air.

MOTION MADE BY:
Joe Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
Louis Bousquet
PersonNameTony Ghelfi
        Antonio Macedo
        Harry Carey


MOTION SECONDED BY:
Joseph Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey

VOTE:
Joseph Pacheco
Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey

        DISCUSSION:
Chief Andrews stated that he would like to be kept abreast of the 138 meeting particulars.  He, also, stated that he would like to be involved in any changes regarding McDonald’s and the no left turn there.
Mr. Macedo remarked that a motion was made and passed with no discussion on when the meeting between MH and the Town regarding the WM plan would occur.  Mr. Gallagher, of the Planning Board, stated that there was a meeting on Thursday, August 10, and they will schedule a meeting then.  It would, probably, be at their first meeting held in September.  Mr. Pacheco stated that this would be a joint meeting between this Committee, the Planning Board, and MH.  Mr. Gallagher stated that the conditions of approval are on record at the Town Clerk’s office, and, also, at the Planning Board office.  He was going to make a note to send to MH, and SRPDD these conditions of approval.  Mr. Gallagher asked that Mr. Pacheco write a letter to the Planning Board requesting that the Planning Board schedule a meeting to address it.

REQUEST MADE BY:
Chris Gallagher – Send copy of conditions of approval for WM plan to MH and SRPDD.
Mr. Pacheco – Write a letter to the Planning Board requesting that they schedule a meeting between Rt. 138 Committee, Planning Board, SRPDD, and MH to re-review WM plans.

        DISCUSSION:
Mr. Pacheco stated that at the last meeting it was voted on, and the Selectmen approved it, to request that the speed limits on Rt. 138 become stationary at 40 m.p.h., and a study is needed to go ahead with that.  MH stated that they would work with the Committee to see if a speed limit can be established that is consistent to each section of the corridor as timing is everything.  He mentioned that rezoning just those areas where high speed limits are posted might be worthwhile.  As for the rest of the corridor, it might be worthwhile to wait until the redesign is complete and the signals are in place.  He advised Mr. Pacheco to get a letter into MH stating that this Committee would like this done.  Mr. McCarthy advised doing the top half of 138 from Elm Street.
Ms. McRae (Help Raynham) asked MH why the pedestrian lights are not at the intersections of Elm Street East and West at 138 and Hess/Christopher’s.  There is a crosswalk, but no light.  MH stated they would take a look at that.  MH, also, stated that they would take a look to see who put the crosswalk in by the Post Office on 138.

REQUEST MADE BY:
Mr. Pacheco – send letter to MH requesting that they check the speed limit signs vs. what they have for zoning and do a study in those areas where high speed limits are posted.

4.      Proposed meeting schedule

VOTE TO:
Accept the proposed meeting schedule.

MOTION MADE BY:
Joe Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
Louis Bousquet
PersonNameTony Ghelfi
        Antonio Macedo
        Harry Carey



MOTION SECONDED BY:
Joseph Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey

VOTE:
Joseph Pacheco
Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey


5.      Zoning map/map disclaimer

VOTE TO:
Approve the map as the Zoning Study Area Map.


MOTION MADE BY:
Joe Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
Louis Bousquet
PersonNameTony Ghelfi
        Antonio Macedo
        Harry Carey

MOTION SECONDED BY:
Joseph Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey

VOTE:
Joseph Pacheco
Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey

5.      Committee Member Updates

DISCUSSION:
N/A


6.      Community Updates

DISCUSSION:
N/A


7.      To Do’s

DISCUSSION:
-Draft table of use from PersonNameGreg Guimond (SRPDD), and email out to      everyone to have for the Planning Board meeting on Thursday evening.


8.      Next Meeting

DISCUSSION:
-Keep Help Raynham on the agenda.
-Review the report from Tighe & Bond on the sewer stuff.
-Mass Highway

9.      Other

DISCUSSION:
Mr. Hutchinson (Business & Economic Development) stated that in order to have business/commercial use anywhere along Broadway there needs to be a certain amount of frontage to eliminate curb cuts.  He, further, stated that, eventually, Broadway will be four lanes from one end to the other, and part of the zoning bylaws should be any building, residential or commercial, should be back more than 48’ so that when land takings come it will not be any worse than it is right now.  
Mr. Scarlett mentioned that perhaps there should be a community driveway between such properties as Wal-Mart and Market Basket.  Chief Andrews stated that that would be okay, but it would not work for residential.


TIME MEETING CLOSED: 7:06 p.m.; reconvene September 18 at 5:15 p.m.

MOTION TO CLOSE BY:
Joseph Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
PersonNameTony Ghelfi
Antonio Macedo
        Harry Carey


MOTION SECONDED BY:
Joseph Pacheco
        Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
        PersonNameTony Ghelfi
        Antonio Macedo
        Harry Carey

        VOTE:
Joseph Pacheco
Frank Rozenas
        Rev. Michael Scarlett
        Louis Bousquet
        PersonNameTony Ghelfi
        Antonio Macedo
        Harry Carey



 
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