The Raynham Channel

Board of Appeals 09/24/2025

• Raynham

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(Episode Description is AI generated and may be errors in accuracy)

A simple shed becomes a masterclass in how real life collides with zoning math. We sit down with a homeowner and engineer to unpack a 432-square-foot accessory building that needs a side-yard variance, only 4.7 feet from the true property line where 10 feet is required. The twist? A fence set years ago by a prior owner—who also owns the abutting roofing yard—sits off the surveyed line, with a screen of arborvitae in between. On paper the numbers look tight; on the ground it feels buffered.

We walk through the site step by step: the driveway and double gates that make right-side access practical, a pool placement that nudged everything toward the commercial edge, and the lawn space the owner hopes to keep open for everyday use. From there we get technical. Can you span 18 feet with a wood shed and keep height under 10 feet? If the footprint sits at 432 square feet, does building code trigger a slab with frost walls? What happens if you trim to 18 by 20 to stay under 400 square feet and avoid higher foundation costs? These details matter, and we make sure the plan will meet both zoning limits and building code.

We also stress the long game. Today’s neighbor is cooperative, but a sale could change the equation, tightening how that 4.7-foot setback feels if the buffer shifts. That’s why we interrogate the intent of setbacks—light, air, safety, and neighbor relations—and weigh whether a small reduction next to a commercial use truly harms those goals. The outcome: a conditional approval that sets clear guardrails on maximum height and foundation compliance, preserving the bylaw’s purpose while solving a practical access problem.

If you care about how boards balance precedent, property lines, and everyday function, this hearing offers a clean blueprint: verify the survey, respect thresholds, and tailor conditions that keep the relief narrow and enforceable. Listen now, then tell us how you’d site the shed—and what condition you’d add to make it work. If you found this useful, follow the show, leave a review, and share it with a friend who loves good land use puzzles.

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Copyright RAYCAM INC. 2025

SPEAKER_04:

On the air.

SPEAKER_02:

The proceedings are being transcribed and recorded right full and accurate, and it's to allow uh full participation of the clerk. I'd like to open the uh zoning board of appeals meeting at seven o'clock on Wednesday. Uh this is September 24th, uh, 2025, uh, at um Greenham Town Hall. To my right is Paul Boulay. My left is uh John Texar. I'm the chair, Peter Schondek.

SPEAKER_05:

Um the Rainham Board of Appeals will hold a public hearing on Wednesday, September 24, 2025, at 7 p.m. at Rainham Veterans Memorial Town Hall, 558 South Main Street to consider petition number 1059. Richard Masarinis, Rainham Mass. Request for a variance from Rainham Zoning Bylaws, Section 350-6.3, subsection D. Accessory buildings and uses for deviations from the standard setbacks from property lines for an accessory structure shed within the side setback. A setback of 4.7 feet is shown where 10 feet setback is required. Locust property is 553 South Street East, assessors map 15, lot 180-0 radium masks.

SPEAKER_02:

Uh all who intend to give testimony, please rise. So do you tell me, Sway, that the testimony you're about to give this board shall be the truth, the whole truth, and nothing but the truth. So I'll be right back.

SPEAKER_03:

Yes.

unknown:

Thank you.

SPEAKER_03:

So uh please state your name and sure. My name is Lawrence Silver from Silver Engineering Associates. Office is at 1615 Fedfield Street in Bridgewater, Massachusetts. And we're here um to represent uh the homeowner who is with me uh this evening. Richard's behind me, and um, and it's about uh 553 uh South Street East. Um if I could just to give you accomplished uh to put this in front of you if you're okay while you got that ready to go. Okay, so um just to get you acclimated to where we're talking about uh South Street East. Uh South Street East, this is this is the home site we're talking about here. Uh the American uh property is all around it. The residential property to the left is just this gentleman, and uh it's uh scattering of mostly commercial uses uh with some residential uh uh in there along this whole stretch here. And so this is the uh the outside, this is the pool, and this is where we're uh proposing uh to put a shed uh in relationship to it. I can show that on a larger plan so that you'll have that in terms of uh the reference in terms of location. Um so what I prepared for you here is uh sort of a summary of um what our request is and uh some photographs so it'll give you a little bit better perspective uh about the area. And um I do want to preface it a little bit both because in here, as you'll see that uh what I've talked about is that the uh uh that the there is a fence around the property, but part of that fence is actually not on his property, and that's because the prior owner of this property is the one that owns A American. And I believe that when he did the fencing at that time, I think he just miscalculated where he was and he placed it in the wrong location. And he's well aware of it and he hasn't got a problem with it. And uh the area in between here in the fence and the actual property line, which you'll see in the pictures of there's some stakes that show where the actual property line is, is that there's all obeybides, uh, a roll of obevies that are in there. So uh uh Article 6 of your regulations uh uh under um section uh 350 63D, accessory buildings and uses permit structures greater than 200 square feet, provided they do not exceed 10 feet in height, and that they are no closer to 10 feet from the property line. The proposed accessory structure illustrated on the plan that we've provided will meet the required the limitation of the height, will not be greater than 10 feet, um, but it's proposed to be 4.7 feet from the actual property line. Um and as you can see further down in my narrative, it's a it's in essence still 10 feet away from that fence that was incorrectly placed there, but it is 4.7 feet from the actual property line. And that's and that's where we're asking for variance in order to allow for it to be placed in that area. Um there are double gates on that side of the yard here. The access to the shed is really on this area here, and uh the use of the use of that uh accessory building, which we show you typical uh photos of what it's going to look like, um, is going to allow for it to have the common kind of uses that you would have, uh which would be for you know to manage snowblowers, lawnmowers, ladders, and other uh yard and household items. And given the proximity to the pool, it would also have uh obviously equipment related to the um to the pool and pool maintenance. Um the access on that right side is really the only real right way to get to this the shed. Um I you know, one could look at it as I've indicated in here, that the um that the heat does have some room on the on the other side, on the left side, but it's really not conducive to where you would put this type of a structure. There's no driveway access to it, it's sort of remote to this side, and this actually serves a dual purpose by putting it on that side. Also, is that it also provides another level of screening to the business operation on the right side where on this side here, uh leave it here, another residential property on that side, it's not as critical, and it actually makes for a more friendlier atmosphere to have attitude yards basically just offensive hot on that side there. Uh and it also leaves the grassed area that I show there for basically for other normal kinds of activities that you would have in your backyard, whether it be play volleyball or passive recreation or you know, or or whatever. Um, but we uh we understand that you know that that there is area on that side, but it's really not conducive to uh uh placing a shed of that type. So the justification for granting of the variance is that the size and shape of the property, uh, including the existing improvements, you know, it kind of limits the available space available to place the structure and provide uh suitable access. And our key here is that the suitable access is really to the right side as an extension to the driveway. And um and it wouldn't be possible to actually have it on the other side without having additional either driveway access, widening uh or or some other taking away other grassed areas in order to uh to make it uh uh viable. Um it's it leaves the area you know to the left there for you know for yard games, volleyball, passive recreation. And granting of the and we and our opinion is that the granting of the relief uh wouldn't derogate from the intent of the bylaws because the the side setback is really for making sure that you're not infringing in on the uh on on your neighbor's uh uh property and it and it and in this case I would suggest that it was really more as it relates to two residential properties nearby adjoining one another. And in this case, where it's uh pretty active business operation to the to the right and to the rear, um, that there really wouldn't be any um um derogation from the intent of the bylaw. Uh they it's still providing for um common that common area in between has obovides, it does have the fence that uh that the neighbor has, and that um uh uh we feel as though that you know that this this uh uh petition uh could be granted without it uh uh being detrimental to what your intent of your zoning bylaws are. And with that, you know, I'd answer whatever questions that you might have and uh go from there.

SPEAKER_05:

You know soil conditions or topography. We have a pretty square lot and we have another place this could go. I understand it'd be less desirable. I would want to put it here if this was my house. I get that. Um I mean the good news is that it is next to you know the construction business. So it's not like pretty active construction business. Right.

SPEAKER_03:

So it's not like and uh but and really the shape of the and and and along your thoughts about the shape of the lot, uh part of it is that I think when that lot was being laid out and the pool was being placed, this misunderstanding of where actually the property line really was, I think that's why the pool was kind of skewed to the right more than being more central into it. And so it it kind of made it uh it kind of squeezed things to the right side where it was really always planned to have a structure on that side. Because the owner of A American was the was a was the former resident of the site.

SPEAKER_05:

Well, because I mean the other thing I want to caution you, it's gonna be difficult to find a shed that's got an 18-foot span that doesn't go up more than two feet in you know to the to the center beam. Um you know, if you have an eight-foot wall and you have an 18-foot span, that's a nine-foot run with only two foot of vertical on the roof. I mean, you can get the metal sheds that are like that, but to get a wood one, that's gonna be hard to find. Um just as a I think Richard, you've you've read it.

SPEAKER_03:

You're gonna end up having a I mean you'll you did have location where you could get it.

SPEAKER_05:

If you have yeah, if you have it custom built and you'd be able to do that, but I mean that's something that even if this gets granted, you know, you're gonna be dealing with law downstairs to make sure that it doesn't go up. Yeah, obviously, but it's just gonna be hard for you to achieve that.

SPEAKER_03:

And he and he's and he's and he's willing to not try to ask for further relief to have something taller than the 10. Um uh so I mean if you want to put a stipulation that an as build be done later that actually verifies the height and location of it, uh we feel as though that that would be a reasonable uh expectation.

SPEAKER_04:

A couple of things. I want to make sure I'm understanding this, okay. The fence was put in by the owner of the property, not the business. Okay. Well, it's both. It's a both.

SPEAKER_03:

It would be he used to live there for a period of time. Okay, he lived there, and that's when he did that fence.

SPEAKER_04:

He when he did it, he I don't know, he misunderstood where the line was at the time. Four point four point seven feet from the property line, but seven feet, I think you said, from the fence, the actual ten. And this this is gonna be a wooden wooden structure?

SPEAKER_03:

Yes.

SPEAKER_04:

What's gonna be holding the what's what's gonna be under it? Foundation? Full foundation?

SPEAKER_00:

There's no flat or anything, it's probably uh uh truth button, yeah.

SPEAKER_04:

It's on the block or well, that's not mistaken. I I it's been on over ten years since I've been on the planning board, but this is over 400 square feet. Doesn't it require a foundation? Uh yeah, it's 432. I think it's the number of all I'm going for the calculator.

SPEAKER_05:

Let me do the math on that.

SPEAKER_04:

So you're going for the calculator. I did it already. 432 square feet. Yeah, it's 430, yeah. Which requires more than just putting it on the ground. Uh you understand?

SPEAKER_03:

I mean, uh he uh he's aware that he has to obviously Bob is going to require him to do it, whatever needs away from the.

SPEAKER_05:

Yeah, so it would be a slab with frost walls. I was thinking maybe just a uh maybe a turn of the slab.

SPEAKER_04:

As I said, it's been a while since I've been on the planning board, but the the the ground rule was over 400 square feet. Uh Maureen, you correct me if I'm wrong. Over 400 square feet, it's a it's a regular foundation. Right?

unknown:

Yeah. Yeah. I'm not a contractor, another approval. Uh I'm sorry. I'm not a I'm not a contractor.

SPEAKER_02:

I'm Google that you don't retire for uh actually if uh if you're gonna speak to you swan in and identify yourself.

SPEAKER_00:

Uh my name is Rich, I'm the current road motor.

SPEAKER_02:

Um so at the time home name and address, please. Sorry, sorry, sorry.

SPEAKER_00:

My name is Rich Mascarinas, um uh resident of 553 South Street East Marinem. Thank you. Um so when I when I started this um you know trying to get into this project, um I couldn't contact really any contractors because they were telling me I needed a variance ahead of time when I spoke to the building department. So um I just kind of did some research online uh without really coordinating with the contractor at the time. Um you're probably right. Um I'm just uh apologize.

SPEAKER_04:

Every other meeting that I've I've sat at, I brought my copies of the bylaws. I didn't tonight. Because it was running like crazy and I ran out in a hurry.

SPEAKER_03:

But uh I'm pretty sure I have what the bylaws is for when you need to get a permit. Yeah, but if you are talking about related to structures, I would think that would be building code? I mean, building code, yeah.

SPEAKER_04:

I mean I should buy it by building code.

SPEAKER_05:

We'll make you do whatever it has to make you do.

SPEAKER_02:

Yeah, as long as long as you understand that. I'm okay with that. I mean I mean it's a simple fix. If you just make it, if you custom make it and make it 18 by 20 or 18 by 22, you know, you can cut the 32 feet out and save yourself a lot of time.

SPEAKER_04:

Yeah, save yourself. I just see if you're gonna put in a four-foot foundation for that building, you're gonna run into some money.

SPEAKER_00:

Yeah. I just see a four-foot rule, uh at least with the post going in. Like you said, it's because of frosty and things like that. Um but I I would definitely check with Bob to make sure I'm doing it right.

SPEAKER_03:

Well, what they're recommending then is if for some reason that 400 is the threshold, then it may behoove you to just trim a little bit off the length just to stay. Yeah, as long as it is as long as it doesn't uh change two feet off, you cut 36 feet off here.

SPEAKER_02:

If you cut two feet off, you get 36. Yes, which is which takes shots of the four feet.

SPEAKER_00:

Yeah, and I'll definitely coordinate with him whatever he you know says to do.

SPEAKER_04:

Uh, I just wanted to make you aware of that. That's all. Appreciate it. Thank you. 400 square feet is the ground room. All right.

SPEAKER_02:

Anything else you said yes?

SPEAKER_04:

No, I actually uh I I guess not. It is what it is, and the uh previous owner made it the way it is. Yeah.

SPEAKER_02:

Well, actually. Yeah, when he when he built it, he owned both properties anyhow, so it didn't matter what it properties.

SPEAKER_03:

Yeah, but he but he didn't know because we do the survey work for most of his work. I don't know where anywhere wrong. But he I think he took an offset that somebody had there or something around there and thought it was an actual because if you look at the measurements of what he actually fenced, he fenced what would have been the right dimensions. He just had it floated in the the wrong direction.

SPEAKER_04:

I'm a little fuzzy fuzzy side. This American investment status is at RMC, is it?

SPEAKER_03:

No, it's a it's uh it's a it's A American. That's a American. It's a roofing company. Roofing contractor.

SPEAKER_02:

Yeah, my well, that that was one of my concerns also was the so the fence is already on their property, and I understand that he used to own the property. I mean, uh I'm not sure why when he subdivided it or sold the house he didn't resubdivide it or whatever, so that everything was within.

SPEAKER_03:

So we didn't actually cut out a parcel, that parcel.

SPEAKER_02:

You know, um I mean I know you own this property, but he still owns that property.

SPEAKER_04:

I I know right now you're on good terms and but Yeah, that's that's that's a you know that's a you're in good terms now, he sells the business to somebody else and you're in trouble.

SPEAKER_03:

I would say this to you, is that as part of the site plan that we're doing there has uh has that screening required as part of the site plan. To the neighboring use as part of it that we're doing, because we're doing um some of the drainage overflow will be coming down through that area, and then we're looking at an easement that's gonna take it across the street down to Doug King spot down that way. So there is there's a gonna be there's a site plan that we're doing, and it requires that there be screening on that side uh to the neighborhood. That was one of the requirements anyway. So be that as it may, I mean, uh if if for some reason he wanted to yank it out or whatever or move it, um he has the ability to actually still um Right, but then he like you say it's ten feet to that fence now.

SPEAKER_02:

Yeah, but then it would then you're down to less than five feet. And um and I mean we tried to push it over as much as we could without affecting the pool apron. Right.

SPEAKER_03:

You know, right.

SPEAKER_02:

Um yeah, that's uh and and as Paul pointed out, it's it's it's not really a hardship because of topography or um soil or drainage or anything like that. It's more of an aesthetic hardship. That um and and I understand that if you put it over on the other side, you're gonna cut down on your yard for play and stuff, but it it's there are other places you could put it without encroaching on that, as Paul said, uh encroaching on that uh setback. I mean if if it was to the fence and that was your property, that would you'd be golden, but um well then we would have the full tent.

SPEAKER_04:

Yeah, yeah. If as I look at this, does the situation in terms of the fence and the property line exist all the way around the property? Yes as well as that side? Yeah, you can't do that.

SPEAKER_02:

On the side and the back. On the other side, it's on their property. On the, I guess you'd say the looking at the house, the left-hand side, the fence is on their property, but it's the back and the side. Yeah.

SPEAKER_03:

And the only way that that really relates here is that uh in hindsight, he probably would have moved the pool over when he was putting it in if he was really uh looking at it right. But he may not have created this kind of uh issue here.

SPEAKER_04:

I don't have any other questions, I don't apologize.

SPEAKER_02:

I don't have any other questions, huh? No. Do you want any no comments, no problems?

SPEAKER_04:

You're on the other side, right? Yeah, yeah.

SPEAKER_02:

All right. So um uh the public hearing is now closed, uh, and the board will now go into executive session. All may remain while the board deliberates, but no one may speak. Thank you.

SPEAKER_04:

Thank you. I I don't I don't have a big problem with it, okay. I mean, given the circumstances of what the other property is, the only thing I I caution the petitioner is something that you mentioned as well. Everything's hunky-dory today. If if A investments or whatever sells the property to somebody else, you may be facing a problem in the future. And especially what's that?

SPEAKER_05:

Amazon comes in and buys it.

SPEAKER_04:

Well, yeah, I mean if the ideal, you know, if as I said, it's seven feet from the fence, so you you've you've got you've got a lot of lot of room there. Seven feet versus ten, not a big deal to me. However, you look at the property line, yeah, you're a you're a tight in there. You know, you're gonna be you'll be walking through real tight when you take the leaves out of there in the fall.

SPEAKER_02:

We're supposed to be talking this way. Yeah, oh I'm sorry.

SPEAKER_05:

Thank you, Peter. It is on the zone. So therefore it is on its face. It usually doesn't hold a ton of water. However, this isn't exactly the biggest ask in the world being right next to a roofing company that kind of helps everybody, both parties. So it's like, so I was saying on a human side, I'm like, huh, this is an automatic, but then you know, as letter of the law, you're like, oh my god, how do I make this sound okay and not be just full-blown?

SPEAKER_04:

Well you said it's it's a it's a business property there. I don't know what exactly is right next to that fence, if there's any building from that property, or if it's just open parking lot. We said by the driveway.

SPEAKER_02:

And by the pictures, it's um it's a dirt it's a driveway, but there's also some big ableites on the other side of the fence. So they could always chop them down.

SPEAKER_04:

As I said, you know, I I don't have a problem with it as it is. Again, it he he runs the risk of what happens in the future.

SPEAKER_02:

Anybody want to make a motion? Well we want to get out of we have to get out of the executive session first, or do we make a motion to executive session?

SPEAKER_04:

Yeah, we have to get out of executive executive session first.

SPEAKER_02:

Okay. All right.

SPEAKER_04:

And reopen the uh meeting.

SPEAKER_02:

Okay. All right, we'll reopen the meeting at uh 72. Um anyone like to make a motion?

SPEAKER_05:

I'll make a motion. Um so I move that we grant the variance on the grounds that due to its insufficient size, it warrants taken into consideration the shorter side setback, provided the shed does meet all other building code criteria, i.e. the whatever foundation is required and then doesn't exceed the 10 feet as per the zoning bylaw.

SPEAKER_04:

Um as proposed.

SPEAKER_02:

All in favor? Aye. So it's uh you know, granted your variance, but with the with the uh stipulations of it stays within the um the height restriction, and uh as Mr. Texera pointed out, you have to do the proper foundations of things.

SPEAKER_04:

Yeah, Bob Bob will see you straight on that. There's no question about that. Yes, he will sure.

SPEAKER_03:

Thank you so much. Appreciate it. Thank you.

SPEAKER_04:

Keeping in mind that you can never have enough sheds.

SPEAKER_02:

Do we have any uh business to take care of minutes or anything? No. So I have a motion to uh motion to ignore it I'll second that. All in favor? Aye. Meeting is adjourned at 724 p.m.

SPEAKER_01:

It is.

unknown:

Uh