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The Raynham Channel
Special Town Meeting 1/14/2025
(Episode Description is AI generated and may be errors in accuracy)
Unlock the secrets of local governance as we uncover the intricacies of a pivotal town meeting in Raynham, Massachusetts. Join us on an engaging exploration where we dissect three critical zoning articles, including a groundbreaking shift to a simple majority vote for Article 2 in support of state housing initiatives. We pause to honor a beloved town employee and gain insights from our town planning director about proposed flood hazard protective overlay district amendments. Listen in to some influential civic engagement and decision-making.
In another transformative discussion, we tackle the evolving landscape of accessory dwelling unit (ADU) regulations. Our conversation unravels the new guidelines permitting detached ADUs, reflecting a significant departure from the past. As we navigate the complexities of manufactured homes versus modular houses, we also address concerns about neighborhood impacts and public services under new state laws. While we acknowledge the state's housing efforts, we express cautious optimism about future adjustments to these regulations, mindful of the pressures on utilities and infrastructure. Join us as we anticipate and prepare for the changes shaping our community's future.
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So, either of the constables of the town of Rainham or the county of Bristol Green, in the name of the Commonwealth of Massachusetts, who are hereby certified, who are hereby directed to notify and warn the inhabitants of said town, qualified to vote in elections and in town affairs, to meet at the Rainham Middle School in said Rainham, on Tuesday, the 14th of January 2025. That sounds strange, doesn't it? At seven him, on Tuesday, the 14th of January 2025. That sounds strange, doesn't it? That's 7 o'clock in the evening. Then in there to act on the following articles, and there are three the NUI directed the service warrant by posting up the test copies thereof in six places directed by both of the town, it said, and the town, 14 days before the time of holding said meeting, given under our hands this 23rd day of December in the year of our Lord, 2024. And the warrant is signed by Joseph R Pacheco, chair.
Speaker 1:Patricia A Riley, vice Chair, kenneth J Collins, clerk Bureau. Board of Selectors of the Town of Rayham, true copy and tested by our Constable. Pursuant to the within warrant, constable has notified and warned the inhabitants of the town of Rainham by posting up attested copies of the same at six places directed by the owner of the town 14 days before the date of the meeting as within directed. Good evening, ladies and gentlemen. Thank you all for coming out on a cold January evening. My name is John Donahue. I am your town moderator. Before we get the proceedings started.
Speaker 1:I'd like to recognize the clerk for a quick minute. Just bring that closer to your mouth and all the way up.
Speaker 4:Thank you, I just wanted to say many of our reasons said, but because I'm sitting here tonight, I wanted to mention that we recently lost a member of our town hall family and I just felt that I wanted to just say that to everybody. Pat montagno worked for Veterans Services and she was one of the nicest people that we all know and love and she's cherished and we'll miss her greatly and I just wanted to say that Thank you for the opportunity.
Speaker 1:Thank you, ladies and gentlemen, joined up here on the stage with me. From your left to right are Boris Lachman, ken Collins, pat Riley and Joe Pacheco Moving down the desk. Here we've got Town Council Ted Piepek, danny Clark, marcia Sylvia, town Administrator, greg Barnes. Chair of FinCom, bill Aligi. Also FinCom and Capital Planning, ted Sargent yes, you're still involved. Fincom Linda DiBello and FinCom, dr Supreme Dose. Did I get all those correct? Okay, excellent, before I start, do we have any first-time town meeting attendees tonight? I hope we do. I hope we always bring in new people every time that we gather. Do we have any first time?
Speaker 1:It's going to determine what my introduction tonight, whether it takes two minutes or 12 minutes. Show of hands. Everybody here is a veteran town meeting attendee Excellent. So we know the protocols, we know the parliamentary procedures, we know that if we have a question, that there are microphones at the bottom of both aisles For the benefit of the town clerk who has to take the minutes of the meeting. If you do wish to speak to the town meeting, we ask that you give your name and address. I would ask for unanimous consent from town meeting to admit all non-residents that need to speak tonight that we give them the opportunity to be heard. Any opposition to that hearing? None. We will recognize all non-residents. It typically that's our town officials that are that raised for the purpose of explaining articles or answering questions that the that's town meeting may have so without further ado.
Speaker 1:We're going to get right into the articles. As I mentioned, there are three of them and as you peruse the warrant that you probably picked up on the way in or maybe printed from all they're extremely lengthy. I'm not going to read all three articles from front to back. I'm going to read enough that kind of explains what is being proposed. That will be in the form of a motion from usually from our Board of Selectors. We'll get it onto the floor for discussion and I believe Mr Iafrati from the Planning Board or Planning Department will get up and offer a brief explanation of the three articles, as they all are zoning bylaws. Articles 1 and 3 require a two-thirds majority, so when I call for the vote there, I'll be very particular about whether or not we have a clear two-thirds majority. If not, I can come down off the stage and do a manual count.
Speaker 1:Article 2 is a simple majority and this is something new over the last few years, as the state of Massachusetts has tried to improve or increase the housing stock, particularly with regards to multifamily housing. They removed the 2 3rds hurdle for bylaw changes that assist and aid in improving the housing stock removed the two-thirds hurdle for bylaw changes that assist in aid in improving the housing stock for the state with regards to multifamily. So Town Council and I have had a discussion on article 2 and also talked to our planning director. We are all in agreement and I think you'll hear from the more official note from the planning board as they give their report but we are all in unanimous agreement that Article 2 is a simple majority. So before I get into the articles, any questions on policies, procedures, protocols, parliamentary procedures, seeing none.
Speaker 1:Article 1, see if the town will vote to amend the section of zoning by-law entitled subsection 350-3.3 flood hazard protective overlay district, by deleting the entirety of subsection 350-3.3, accepting only the title and replacing with the following and our town planning director is going to tell you pretty much what's going on here or take any action relative there to Motion has been made and seconded to accept article 1 discussion. Article 1. Mr, I afraid you Know. Yeah, the report of the planning board, please thank you, sir.
Speaker 6:You're welcome. I'm anthony mcculley, clerk for the ringham planning group. Article one in accordance with the provisions of massachusetts general law, chapter 48, section 5, the ringham planning board held the public hearing on january 2nd 2025 at ringham federal town hall to consider amending the ringham zone bylaw, section 350-3.3 blood hazard protected older by the, by deleting sections A and B and replacing them with the proposed language as described in amending article 8, blood hazard protected older lake district. I believe in the existing language and replacing with the proposed language, all as shown on the special calendar. By unanimous vote of those present Mr Gallagher, mr Hendry, mr Thompson, mr Oldfield the planning board voted to recommend the proposed amendment to county.
Speaker 1:Thank you, sir. Now, Mr Ifrady, what are we being asked to vote on here? Thank you.
Speaker 5:I guess I'm gonna spend some time up here, right you are. So my 20, I think 29 year career of doing what I do. Of how many zoning bylaws are the most difficult to deal with? They're difficult and controversial, but I think tonight what we have in front of us is pretty straightforward as far as Article 1 goes.
Speaker 5:Early in 2024, greg and I were visited by a lady named Nadia Madden. She was a floodplain management specialist out of the Executive Office of Energy and Environmental Affairs. She came to our town to review our floodplain by-law and how we handle our floodplain. For the most part she was pretty happy with how things were going, but also she saw that our existing floodplain bylaw was antiquated and outdated. So she made recommendations for us to update the language of the bylaw to current standards and basically she shared all the information with me. For all the red line back and forth we did on this article to get it to where it needs to be, it's pretty much standard throughout all the municipalities in town and the state. So basically we just have an updated floodplain. Wow, this is exactly what this is. All the language is generated from the state and we have a document that falls in line with every every other municipality's document great.
Speaker 1:Thank you, sir. Does anybody from town meeting have any questions or comments on article number one? Seeing none, I would remind everybody that we need a two-period vote for this to pass. So I'm going to call the ayes and the ayes. All those in favor of Article 1, please say aye, aye, opposed, no Added clerk. Article 1 passes unanimously. Article 2, to see if the town will vote to amend the Zonic Bylaw by adding new definitions to the section entitled subsection 350-10.1. Definitions to be inserted alphabetically as follows there is a whole host of definitions that all relate to the accessory dwelling unit that the town planning director is about to explain to us or take any action relative thereto. Motion has been made and seconded to accept article 2. We'll start with a about to explain to us or take any action relative thereto. Motion has been made and seconded to accept Article Two. We'll start with a report of the Planning Board.
Speaker 6:All right. Article Two In accordance with the provisions of Massachusetts General Law, Chapter 48, Section 5, the Rainham Planning Board held a public hearing on January 2nd 2025 at Rainham Veterans Memorial Town Hall to consider amending the Rainham Zone By-law Section 350-10.1 definitions by adding definitions for accessory loan units, gross floor area, manufactured home, short-term rental and principal dwelling unit, all as described in full in the Monday Article 6 regulations by adding Section 350-6.16, accessory dwelling unit ADU. Adding definitions principal dwelling unit, accessory dwelling unit, short-term rentals, gross floor area, main adventure home and the aid used shall be permitted on all lots in single family and single family use subject to the following standards members of 1 through 22, maybe through being on a special company inclusive, all as shown on the special company. By unanimous vote of those present again mr gaffer, mr gallagher, mr andre, mr fow, Faulkner, Mr Ophiel. The planning board voted to recommend the proposed amendment to county.
Speaker 1:Thank you, sir. Mr Dyer-Frady did the planning board take into consideration and vote on their opinion on the majority required tonight to pass this act.
Speaker 5:Planning board did vote on it and their opinion is that this act will only need a simple majority vote.
Speaker 1:Appreciate that sir, you want to take us through this pretty quickly and explain what we're doing here and how the genesis. I don't mean to rush you the genesis of it, why we're here and what you're proposing, what the board is proposing.
Speaker 5:So as part of the affordable housing act, the state enacted what they call this adu additional dwelling unit file that allows for additional dwelling units to be constructed on single-family house lots. We've been kind of following this for the past six or seven months, along with other building commissioners and zoning enforcement officers, trying to get some guidance from the state. The state did allow it doesn't allow towns to put some standards together, some guidance, so that we can kind of control what happens when when these are built on single-family house lots. So, in collaboration with other towns and their bylaws, and through a lot of work with the planning board members, we did draft this bylaw that we present to you tonight. It started off at about 29 or 30 different bullet points, but then as we get guidance from the state here and there a little bit here, a little bit here and there they don't really know their exact guidance.
Speaker 5:Until this thing becomes a law on February 2nd, we had to dwindle it down. A couple, a couple we had to remove One notable one that was removed. That, I think, is a big deal. Is you no longer have to be owner occupied. You can rent these 80 units to anybody you'd like. Those were the couple of other ones that were eliminated. We ended up with 22 and, if you don't mind, I'll try to do real quick and go through all 22.
Speaker 5:please do and then you can open up for any questions. I'll try to answer those questions. So these least 22 bullet points there, alphabetically numbers, can go through them first one an adu may be located on any single family house lot, either connected to the existing dwelling or detached. Multi-family structures are not eligible for an adu. Not more than one adu may be established on a lot. The lot must contain a single family home as the principal structure in use. The ADU should be located to the side or rear of the principal dwelling, with a preference for placement at the rear of the property when space allows. The construction of an ADU must comply with state building code, title 5 of the state sanitary code and all other local bylaws and regulations. An ADU shall be no bigger than 50% of the gross area of the existing dwelling or 900 square feet, whichever is less. A minimum of one off-street parking space shall be provided. The building commissioner may issue permits authorizing the creation of an ADU through a standard permit application process. Permanent applications must include proper building plans and site plans.
Speaker 5:No ADU or principal dwelling shall be used as a short-term rental unit. Once an ADU has been added to a single-family dwelling or lot, the ADU shall not be enlarged beyond the square footage allowed by this section. Manufactured homes are not allowed as an ADU. Properties with existing in-law apartments are not eligible for an ADU. An ADU shall not contain more than two bedrooms or have more than one kitchen. The ADU may not be sold or transferred separate and apart from the principal dwelling. The principal dwelling and the ADU shall remain in common ownership. No occupancy of an ADU shall be allowed until a valid certificate of occupancy is issued by the building commissioner.
Speaker 5:The ADU shall be designed to maintain the appearance of the principal dwelling and the character of the neighborhood. An ADU must be installed on a permanent foundation. Detached ADU are limited to one and a half stories in height. An ADU shall not be allowed to be converted to a condominium. No ADU is allowed permanent frontage. All plans submitted with permanent applications for an ADU must be drawn to scale and identify the principal structure on the lot. Permanent applications must include scale drawings of elevations and floor plans of the new structures. New structures shall be designed to blend in with the existing structures and use similar building materials. So those are our proposed design standards.
Speaker 5:As we have it now, the town has what we call an in-law apartment by-law. That in-law apartment by-law is a special permit through the zoning board of appeals. That special permit allows in-law apartments you can also call them ADUs to be built to 750 square feet. They have to be attached and they have to be used by immediate family member. What this new law allows is for the ADUs to be built up to 900 square feet to be detached. So if you have a barn or if you want a detached structure away from the main structure, you can have a detached structure and it does not have to be 750 square feet, it doesn't have to be a special permit. So they're trying to get the special permit process removed to make it easy to get these permits. But that answers some questions. But I'm gonna answer any other questions.
Speaker 1:That's a great place to start. I'm sure there are some questions from the floor or maybe even from up front here. Come on down to the. If you have a question, come on down to the microphone and state your name and address and we'll get you an answer.
Speaker 2:John Paul Carrera, 2320 Ant Road, and I was just wondering are there any restrictions on where you can be placed on a lot, in other words?
Speaker 7:distance from the parking lot.
Speaker 5:So, depending on the location, if you're in a residential A zone or business zone, our typical setbacks are 20 inside, 20 rear, 45 front. If you're in a community like Goldfish, those setbacks are reduced in half. It'll be 20 on the front, 10 rear, 10 side. Hope that answers your question.
Speaker 1:Thank you, Bob.
Speaker 4:Did that answer your?
Speaker 1:question John yes.
Speaker 2:Yeah, I'm Joanne. I have a question about pain, about A lot of people who've been talking to us about talking about style.
Speaker 5:Is that what you mean or you mean? So we try to clarify that in the definition. A manufactured home is something you find in time hill estates. Those structures are made off-site, they're put on a chassis, they're driven to the site on wheels. Those wheels are left on a structure and then they're put on a chassis. They're driven to the site with a on wheels. Those wheels are left on a structure and then they put on a slab and they're skirted. That's a manufactured home. Those are only allowed currently by zoning in a manufactured home park. Modular houses are different stories. A modular house is also built off site. It's built. It's built to the building code. It's transported, transported on a chassis, but it's removed from the chassis and it's installed on a permanent foundation. Those are going to be allowed to be used as an ADM.
Speaker 1:That sufficiently answer your question. Yes, thank you.
Speaker 2:Anybody else. Thank you statewide. I would stay in the community, in the homes, because we don't have a home to live in, so we don't have a house. Anybody can build and we might not have anybody. So it's about do you have a whole office? I don't know if I have one, whether or not schools are being impacted. If you have a water bill, that could be potentially a lot of building housing just doubled up and then we come back. But I'm not sure. Not that we can stop it from happening, because it's already state law, but to really minimize the impact and maybe in the future we add more strong restrictions to some of the bylaws. This is a huge burden on all the services we have. That was a great question. I don't think you're a real answer to your question, although.
Speaker 1:I will tell you that I do share the same concerns you share.
Speaker 5:You just, you know, drive forward. I think the planning board, with the fact that they tried to have a standard be owner occupied or family occupied was proactive to try to resolve some of those issues that may occur down the road. But the state's already thrown that out. They won't allow that. They've already told us that these can't be controlled. They have to be allowed to be rented to anybody, be controlled. They have to be allowed to be rented to anybody. So, yeah, that would be a problem down the road because I would imagine people are going to find ways to take this and take advantage of this bylaw.
Speaker 5:So it's, you know, some, some people. I'll use an example. I have someone in town who, once he wants to build one of these behind his son's house, he's gonna sell his house seven or eight, nine hundred thousand dollars. He's gonna spend two or three hundred thousand dollars. He's gonna put a half a million dollars in his pocket. He's gonna live with his son on his son's property. That's where this works out great. But that's not gonna happen all the time. We're not gonna have any control over it and this bylaw goes to the attorney general. But there's anything in this bylaw that doesn't go along with the state's mandate, they're going to throw it up. We're going to scratch it. We took up the three or four that we knew on that they wouldn't be scratched. But, uh, I agree that there's going to be some, some issues and some problems in some of these nice neighborhoods when some of these get built. Bob, we're still waiting for the state regulations correct.
Speaker 1:Yeah, and they come out in February, so we might be back here in May updating or addressing some of the clarified state regulations. Would that be fair to say? I hope not. Yeah, it's a great question though. Yeah, I think it's on everybody's mind today, but unfortunately the state doesn't in this case. In my opinion, the state hasn't really taken into account some of the adverse effects on local communities. I understand what they're trying to do. I'm just not sure they thought through it. I probably shouldn't have given my opinion like that, but here we are, jen, so we're on 515 Church Street.
Speaker 7:I had a question regarding utilities and the heating systems. I know on the in-laws they had to have U-Shared Shared Utilities and I was wondering if separate utilities were gonna be allowed for the second dwelling as well. As is there something to address the type of heating system? Does it have a permanent heating system, you know, or can they build something like I'll go to the teacher, you know? Is there something like that in the building code? And just to address the other thing, I'm a lender and I've gotten a lot of calls from people about the ADUs and it seems like a lot of people are looking at multi-generational living. You know whether it's an older person that's going to move down south and wants to live south here't stay with the family, but I've seen a lot of the pricing, houses and interest rates people are.
Speaker 7:Their older children are having a hard time finding housing as well, so they're looking at that. As you know, parents and children staying together?
Speaker 1:bob, did you want to address the questions?
Speaker 5:Utilities and heat and systems. There is no restrictions as far as utilities. If you want to design it with shared utilities, depending on the location of the structure if it's attached or if it's detached obviously you're going to have separate utilities there, no restrictions. You cannot restrict them to have the same utilities. Heating systems will have to be designed to be whatever is required by the state building code.
Speaker 5:Rainham is not a stretch code community. Some other towns that are stretch code communities with a new 10th edition of the building code. There are no fossil fuels allowed. Most of these new houses in other towns other than rain hand because we're not a stretch code being built with electric heat pumps, no gas, no oil, no fossil fuels. So we have no restrictions. If you want to have separate utilities, you're going to be allowed to have separate utilities. If you want to share them. As far as water and sewer bills, each application is going to be reviewed by the water and sewer department. They will make a recommendation as to whether it can be tied off the existing services or whether they need new services. That's going to be on a case by case basis.
Speaker 2:Thank you sir, Sir Good evening I'm Carter from.
Speaker 6:Will bases be allowed to be built in these mediums?
Speaker 5:That's a great question. So one of the bullet points we have here that's a great question. So one of the bullet points we have here is that it cannot be expanded or enlarged I believe it's J Once an ADU has been added to a single family dwelling. No ADU shall be enlarged beyond the square footage allowed by this section. Now we're allowing up to 900 square feet. If you're, if you're adjusting dwelling is only a 1600 square foot dwelling. You're already allowed to go half that size, so you could be limited to 800 square. However, just like with the in-law apartment, by a lot of you get applications in and you'll have 900 square feet, let's say 30 by 30. You get a full basement, okay, and they'll come in and they'll show a second floor addition.
Speaker 5:Second floor on that footprint that's unfinished. We can't stop people from finishing their basements. You know people don't want to do it the right way. They come in and they strip print, but I can stand here and tell you that a lot of people don't. So I'm not sure how it's going to be policed. We'll know that in the finished basement, maybe down the road it will get picked up by an assessor. But unless they're truthful and they want to come forward you know they have a full basement I would imagine they'll be finished basing down the road.
Speaker 7:Thank you, Andy Odom. I live at 27 Gardner Street.
Speaker 3:I'm just curious my wife and I have been talking about possible addition.
Speaker 5:like just a, an addition, an ADU doesn't become an ADU until it has a kitchen, a bedroom, a bathroom and a living room. So it is a total, separate livable quarters that can be classified as an additional dwelling unit. If you want to put it on an addition, you can put it on an addition. You want it to be on your kitchen. You want a put it on an addition, you can put it on an addition. You want a larger kitchen, you want a second kitchen, but when you have a separate area that has cooking, bathing, sleeping and living quarters, that's when it becomes. Maybe you Does. That answer your question. Yeah, Anybody else.
Speaker 1:Okay, I don't see anybody else. Again, I'll remind folks this is a simple majority vote. If nobody else has any comments or questions, I'm going to call the vote. Seeing none. All those in favor of Article 2, please say aye, Opposed. No, Madam Clerk, Article 2 passes unanimously.
Speaker 1:And finally, Article 3, to see if the town will vote to amend the section of the zoning bylaw entitled subsection 350-13.2, projects requiring site plan approval by deleting the first sentence of subsection 350-13.2, which reads an applicant may simultaneously submit an application for a special permit or special permits that are required by the planning board, together with their application for site approval, and replacing with the following An applicant may simultaneously submit an application for a special permit or special permits that are required by the planning board, together with their application for site approval. All site plans require a special permit or special permits. The Planning Board will be the special permit granting authority SPGA for all site plans. The SPGA shall consider the issuance of a special permit subject to the requirements of Article 13 of the Rainham Zoning By-law, or take any action relative thereto. Motion has been made and seconded to accept article three. We'll start with the report of the planning board. More or less.
Speaker 6:Just covered the whole thing, but I'll read it in. In accordance with the provisions of Massachusetts general law, chapter 48, section 5, the Rainham planning board held a public hearing on January 2nd 2025 at rain hand veteran memorial town hall to consider amending the rain hand zoning bylaws, section 350-13.2 projects requiring site plan approval, by adding the following all site plans require a special permit or special permits. The Planning Board will be the special permit granting authority, the SPGA. For all site plans, the SPGA shall consider the issuance of a special permit subject to the requirements of Article 13 of the Greenland Zone Bylaw. All, as shown on the special comment in one. By unanimous vote of those present, mr Gallagher, mr Hendricks, mr Crum and Mr Oldfieldiel, the planning board voted to recommend the proposal. Thank you, sir. Mr ifrady. This is the simple one out of the three?
Speaker 5:I hope? Um, basically it's just a housekeeping issue. The planning board always issues site plan approval through a special permit process. The special permit designation was never written into the bylaw, although it was intended to be in the bylaw, but the actual language was never in the bylaw. So this just cleans up the fact that we don't have a special permit language in the bylaw. So when you issue site plan approval, you issue a site plan approval with conditions. It needs to go through a special permit process or else the conditions are unenforceable. So this is basically just a cleanup bylaw that we had to have in place for us to be doing what we're doing with site plan approvals place for us to be doing what we're doing with site plan approvals.
Speaker 1:Thank you, sir. Sounds like by practice, nothing changes. This just codifies it within a month. Any questions, mr? Mccrae, could it possibly eliminate the zoning board.
Speaker 5:The question was does this eliminate the zoning board? No, site plan approval does not go through the zoning board appeals. This is totally specifically for the planning board. Anything that needs zoning board approval still goes through the zoning board process. We need to designate it. We needed to designate the planning board as a special department grant authority for site plan approvals, and that just cleans up the language. One question for all.
Speaker 1:Right now, if I look for a Thank you to two-thirds vote for this to pass, I don't call the vote. Seeing no more questions or comments. All those in favor of Article 3, please say aye, aye, opposed. No. Article 3 passes unanimously. Madam Clerk, before we ask for a motion to dissolve folks, does anybody have any questions on Articles 1, 2, or 3? Once we dissolve this meeting, these articles cannot be readdressed, other than coming back to another town meeting with a proposal to amend or eliminate. This is the time. If anybody has any questions or any concerns about the way the vote happened, this would be your time to address the town meeting. With those concerns Seeing none, I have a motion to dissolve the special and a second to dissolve the special town meeting. Discussion under motion to dissolve Seeing none. All those in favor of the motion to dissolve the special town meeting, please say aye, aye, opposed. No Special town meeting is dissolved. Thank you all so much, folks, for coming out.