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The Raynham Channel
Planning Board 11/06/2025
(Episode Description is AI generated and may be errors in accuracy)
The gavel drops and we head straight into the tension point: should the planning board’s associate seat be kept, elected, or scrapped? We map the legal terrain—how site plan approvals now run as special permits, why a supermajority matters, and what happens when recusals or absences collide with statutory deadlines. That’s where an associate member becomes more than a spare chair; it’s protection against failure to act and the costly risk of constructive approvals. But there’s a counterweight—trust. We address the frustration around appointments, the reality of low-turnout elections, and whether shifting the role to a voter mandate will cool the temperature or recreate the same “winner-loser” flashpoint.
You’ll hear measured arguments from every angle: the case for keeping a rarely used but vital tool; the push to let residents choose who fills it; and the candid acknowledgment that contested races are rare in small towns. We also dig into ethics guardrails and how disclosure can allow fair participation while still caring about the appearance of impartiality. After thoughtful debate, the board declines to recommend eliminating the role and supports making the associate seat an elected position, with abstentions that reflect the nuance rather than simple partisanship.
Then, we get concrete—literally—by reviewing the acceptance of Raynham Preserve East as a town road. Engineering comments are mostly satisfied, but easements, town counsel review, and funding for peer review remain. We set a clear standard: no road acceptance without complete easements, legal sign-off, and documented payments, including resolving a sewer line alignment across private property. The board issues a conditional recommendation to protect taxpayers and avoid preventable legal tangles. We wrap with a quick development note: Tractor Supply is preparing an abbreviated site plan submission for Route 44.
If you value pragmatic governance, clear standards, and the kind of transparency that keeps small towns running smoothly, this one’s worth a listen. Subscribe, share with a neighbor who cares about planning and zoning, and tell us: elect, appoint, or eliminate—what would you choose and why?
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Copyright RAYCAM INC. 2025
Okay, we're on the uh six o'clock. Umeting November 6th, 2025. Uh you can come here and watch us live. You can watch a live broadcast. The meeting from Brainhand Channel Podcast, Channel 98, Rise and Channel 34. It's recorded audio and video. Um the meeting. Uh my left is Bert Found, Vice Chairman of the Planning Board. His left is Brian Oldfield, planning board member. My right is Anthony McColey, Planning Board Clerk. His right is Pam McCoy, Planning Board Member. To her right is Matthew Andre, Planning Board Associate Member. Um we have public hearings tonight. Um what we do procedurally is when it's a public hearing for any meeting for that matter, or any topic. The chairman discusses the topic. First, the new public hearing that gets read. And then the planning board discusses the what's on the agenda, goes through any correspondence, then he hands it off to each board member for their comments, then he would invite up the proponent to present their topic in their case, in the case of a public hearing. Um no one can speak outside of the chairman, including the planning board members, the audience, the proponent, and the public, without first raising their hand and being recognized by the chair. If you speak out of hand and you don't, when you're not recognized, you'll be asked once to sit down. If you do it twice, you'll be asked to leave. As Bob Newton said, this is a quasi-judicial meeting. Haven't heard that in a while, I'm worried. But so our first thing on the agenda is the minutes of October 2nd, 2025.
SPEAKER_11:Make a motion and waive the reading and approve the amount of October 2, 2025.
SPEAKER_03:We'll hear a second on that. Second. Is there any discussion? Hearing none, all in favor. Aye. Okay, the second thing on the agenda is hearing on rezoning amendments. This is the first time for this meeting. So I'm gonna hand it over to my clerk, Anthony Nicoley, to report hearing notice. You shot the clerk?
SPEAKER_12:In accordance with provisions of Massachusetts General Law, Chapter 48 section five, the Wayneham Founding Board will hold a public hearing on Thursday, November 6th, 2025, at 6 p.m. at Wayneham Venom Board and all 558 Ray Now to consider the following proposed amendments to the town of Wayneham zoning bylaws. Amendment only bylaws by deleting amendments I read exceptional bylaws in title three fifty fifteen associate members of 2014. Amendment only bylaws to remain for the selecting and leads to left forward towards the words for the selecting and selecting place to work select forward. And further to authorized now, 16 minutes remained to ensure that any channel I think is on five hours power by select changes. Amendment section of the John Five Live title 35015, associate member of the funding board, title, I think, 350 dash six of fifteen, sixty fifteen, amended title, and associated member of Associate Board Associate Member of the Finding Board, please Associate, Fine Board Member, Chair Lifetime, ML Family, Chair of the Planning Board, Mr. Associate Member 5, 6. On the part of any of the planning boards, or any event of a vacancy on the term of associate number. The term of the position shall be two years. Any vacancy in the position shall be filled at the next annual town election for a two-year time. Or take any action relative to any personal question to be heard or interested in the proposed amendments should appear at the time and place designated, a complete copy of the town of Wayneham's own dialogue, and the proposed amendments approved at Rainham Town Clark's office by P8 South Main Street during regular office hours. Greenham thankfully.
SPEAKER_03:Thank you, Anthony. Okay, so there's three items, and I think I'm going to take them one by one. The first one I think would be the easiest would be to amend the zoning bylaws to rename the Board of Selectmen, the Select Board, and edit you know the documents to reflect that on you know our different bylaws and rules and regs. Now what we do on zoning bylaws is we don't vote to approve or deny if we vote to recommend or not recommend. And then at town meeting, Anthony's lucky enough to get up again and give our planning board report. Um so the one with the select board. Um is there any discussion on that? Burke, any comments?
SPEAKER_02:No.
SPEAKER_03:Ryan? No. Anthony? Ann? Matt. Okay, hearing none, I would recommend a motion for a recommendation. So moved. Okay, so this has been that that motion is to recommend acceptance of this zoning change. Just for the border select. Just for the border select, correct. Um do I hear a second on that motion? Second. Any further discussion? Hearing none. All in favor? Aye. Okay, the next one would be to amend the zoning bylaws by deleting in its entirety the section of the bylaws in title 315 6.15, associate member of the Planning Board 350. Um, associate member of the Planning Board has been voted Article 33 at the annual town meeting. Now I'm just gonna give a brief history as to you know what the associate member is and why we have it. And I'm just confused at why someone would want to eliminate it. What happens in planning boards, zoning boards, um you end up having a couple kinds of approval. One is a simple majority, so in our case that's a three out of five, and one's a supermajority, which would be a four out of five. If you have a five-member board, and on a three-member board, it would be unanimous. Um so what happened is for years we had site plan approval. When that first got in, it wasn't really, I don't think, done properly, and I had been saying for several years we have to make site plan approval by special permit. And reason being is because site plan approval, even though in our regs, uh, which aren't laws, we have an appeal period, it means nothing. So you can't really appeal a site plan approval because by the time you get it up to a judge, which case in point was Walmart or 138, it gets all the way to a judge, and the judge says, What do you appeal? And it's not a permit. And you have to wait till they get issued a building permit. So we wanted to make site plan approval by special permit for the benefit of the town, for the benefit of the applicant, and for the benefit of the abutters, so you have something to appeal. Because up until then, really, you had nothing to appeal. You could appeal it, spend a bunch of money, and if once it got in front of a judge, it was moved. So to create it by special permit means that now you need a supermajority, which is four out of five. So most towns that have this under special permit, and our planning coordinator, Bob I. Because it gives that extra member. So if the four out of five has a conflict, someone lives next door to it, anything like that, you have a bigger pool to draw from to get your four out of five vote. Um, so it's it's a great tool. It's been used everywhere. And because we made, we were making site plan approval by special permit, we were gonna make the you know go for the associate member along with the site plan approval. I think we did the associate member the one year and site plan the next year, got the article together. But that's pretty much the whole reason for the associate member is because of special permits. Um, so that's why you read in, and this is state law where it says for purposes of acting on a special permit application or site plan approval, which site plan approval is by special permit. That's the whole reason there is an associate member. It's a great tool, it works, and that's why we have it. Um just in Rainham, the zoning board, there's nine members. You need a supermajority to get an approval for the zoning board. In their case, they're a three-member board. You need three out of three. Six of the nine members are actually associate members, so they only have three that are actually full members right now. So just about every meeting, I mean, Maureen or say if it's different, but I think just about every meeting you're drawing from the associate members just to get the vote. And so that's what the tool is for. Now I know the process we did to do this, it's only been on the books a couple years. You were still fine-tuning it. Um, we made an appointment. Some people got mad, it was the person that lost, but the way we looked at it, it was the person that was most qualified. You don't have the same powers as a regular member, it's a totally different animal than a full planning board member. You're just sitting there and you may once or twice a year vote on something. So our choice on who it was, it's got nothing to do with the article itself. It's got nothing to do with having an associate member, regardless of who it is. When we did it, we always typically just appointed someone. I mean, nobody's really jumped to get on the planning board. Uh Pam Menconey ran this past year. Pam was the second person to run in 22, 23 years. I mean, the only one other person that ran was uh Bruce Rafel ran against Dan Andre about 13, 14 years ago. It was 20 years old. That was the only time, besides Pam, that someone's actually run. So people aren't haven't been knocking down the door to get on our board. So our previous associates were just if we could find someone. Uh the last time we went quite a while without someone because we had someone that was interested, and they hemmed in hard for six or eight months uh when it was going to be Bubba Stanley. Um so after the elect we waited until after the election and made the appointment. Um some didn't like the way we did it, so we rescinded our vote, put it out to advertisement, revoted the whole thing, trying to make everyone happy, uh, which is difficult to do, and that's how we got here. But this article's got nothing to do with who's sitting there, because I mean if you don't like who's sitting there, a lot of people don't like the president. What are we gonna do? Eliminate the presidency, get a new article. You don't like a selectman, you're gonna eliminate the selectman. But this is a tool that us as a board thought was necessary to run our board. And we're trying to do the best we can to run our board, and an associate member is a great tool to have, and it's a tool that's been used by many, many boards that have to act on special permits. Um, and that's what the whole associate member's all about, just because now site plan approval, which is the majority of our work now, uh every time a commercial site gets modified, um, comes in front of us, everything on 44, everything on 138, they all come through as site plan. And now, since we changed the law, are all site plans a special permit. But, you know, that's my little speech on why we're here and why we have an associate member and why we want to keep an associate member, and don't understand why it would want to be eliminated. But, you know, like I said, it's a tool that us as a board who are trying to run our board best we can, have got that tool. Now I'm gonna open it up for discussion on any of our members. Um they want to pipe in on you know the article to eliminate in its entirety an associate member of the planning board. Um Bob wants to speak first, I guess.
SPEAKER_10:Uh yeah, just for the record, you mean you hit all the good points. Uh a lot of work was put behind this article when we put it together. I think it took us a couple of years to get it right. It was reviewed. Uh basically, the article is a combination of other towns' articles put together, and we came up with this draft which is basically very similar to a lot of surrounding towns. Um you hit the nail on the head as far as what the associate member does and how it helps the board. But what it also does is it lets someone who wants to be on the board full-time, it gives them an opportunity to learn about the planning board's rules and regs, so they can actually move into a full-time position after they've learned uh a little bit about what the planning board does, how it does, and how it does its uh its job, and what needs to be learned to do the job. Um so I just wanted to you know add that to what you just described. Uh the associate member is very helpful, and most towns do have it. Um like you said, when you need that extra vote and you have a conflict of interest, it works out very well.
SPEAKER_03:Thank you, Bob. Uh Burke?
SPEAKER_11:Not at this time, Brian.
SPEAKER_13:I think we need an associate member. There's no questions about it. Whether it should be voted in by the people are appointed between when we appoint, we have to go through the select board too, if I'm not mistaken. And I think they're the ones who put it on to be a voted-on position, if I'm not mistaken.
SPEAKER_03:Um maybe the chairman of a well, just to expand on that, um the zoning and the conservation are fully appointed boards, and they vote on things. The associate member can't vote on our typical business, he can't vote on subdivisions, he can't vote on a lot of what we do. But conservation is appointed. It's only appointed by selectment, it's not appointed by a joint conservation selectment.
SPEAKER_13:I don't mean to interrupt. Maybe we should change the bylaw that it's only the planner board then, not with the selectmen.
SPEAKER_03:Or because I mean I think we're we've been fine-tuning this process and what we've gone through since this election. We're trying to do the right thing. We're trying to make it a process that most people agree with. I know Pat Riley, the select board, the city audience, came up with um uh a way to appoint and and and advertise and this and that. And when we had the selectman meeting, she presented it. We actually voted on it as a board and agreed to her process. So, you know, it's a it's a work in progress, and I think it's a good weapon to have, but the other boards are just appointed by the selectmen, the zoning board, and they vote on some serious, significant things. And I mean, a lot of people, you know, um, I've seen stuff on Facebook, and we know that everything on Facebook's always true, but um we we're taking like the brunt of voting for some of these projects that we have nothing to do with, like the one across from Marketabs, those are all 40Bs. I am. And so these huge 40Bs are voted on by the zoning board, and they're appointed by three people. And so our process is uh much more extensive than appointing a conservation member or a zoning board member. Um but that being said, Anthony, do you have any discussion on this?
SPEAKER_12:I think it'd be helpful for watching what the associate member would be what would happen with social. If it was complicated, it's good enough to control what would be another social.
SPEAKER_03:We'd have to you know keep continuing till we did. And what would happen is if we didn't, you know, yeah, whenever we have anything that comes in front of us, it has deadlines to act. Um subdivisions have a certain deadline to act. Um Form A plans have a certain deadline to act, special permits, and this is all by mass general law, have a deadline to act. If we didn't have the extra vote and needed it, then what would happen is if we exceeded our deadline to act, which only the applicant can extend your deadline, you can't extend it as a board, they'd get automatically get constructive approval. In other words, whatever their proposal is would be approved. So if, say it was a cluster development with a special permit, we didn't have enough, the cluster would be approved as if there was a site plan, um whether it finished our review, whatever it was, it would it would get constructive approval. But we didn't have that tool. That's the important reason we have the tool. But yeah, it could be very problematic. Um the associate member sits here week in, week out, and really can't act on most anything, but it's a good tool to have, and it's good to find a person that's willing to do that. But yeah, that's what we have that's a good point.
SPEAKER_01:So um, yeah, actually, um I agree with you that it is nothing to do with who the current associate member is. I've said that any time that I have a difference of opinion with the board. Um I did some research too because I really didn't think too much about this position. I heard there was a citizen's petition asking to eliminate it. Um and then it dawned on me that we're gonna have a public hearing and I need to contribute something to the conversation, so I started doing some homework. Um I found that it was, like you said, established in May of 2022. Um Anthony was actually the first person that was appointed as the associate member.
SPEAKER_03:Actually, Brian.
SPEAKER_01:Brian was not an associate member. Brian was appointed in June of 2021 to fill a vacancy created by Dan Andrew.
SPEAKER_03:Dan Andrew. Oh, you were?
SPEAKER_01:So he was not an associate member. So Anthony was the first associate member and he was appointed in August of 2023. Um he sat in the seat until April of 2024 when he ran his own seat and he got a permanent seat by winning the election. Um the seat sat vacant for another year, and then it was just filled again in July of 2025. So in the three and a half years that this position has been in existence, it's been vacant for a total of two years. Um I went back and I spent a lot of time reading minutes, and in the three and a half years that the associate position has been in play, the associate member voted a total of four times. And during those four times, there was an existing forum present of at least four. Um when you talk about the site plan and the supermajority, it does make sense. Um, but when you look at the details, I don't know that that really applies here. I don't feel that we're suffering any hardship if we have a position that is been in existence for, forgive my math, three and a half years. If it's and I I'm not being crushed when I say it this way, but if this position is so vitally important, I fail to understand why anytime there was a vacancy, it wasn't posted looking to recruit people to fill it. Um having said that, I I think it's no secret that this has been a huge divide on the community. I think it's controversial and it's taking its toll. Um it's creating a lot of distrust on the board, whether it's warranted or not. I'm not the person to say that. Um but regardless of what your opinion is, um I I don't know based on those numbers that we actually need it.
SPEAKER_03:I don't appreciate your research and your opinion. Um my opinion is based on, you know, I've been dealing with planner boards and zoning boards and everything. I had my own engineering company for many, many years. And I've been in front of a lot of towns that um had this position. And so my opinion is based on in fact, I was an associate member on the conservation commission back when they had them for years. I was an associate member back in I think '86, almost 40 years ago, I've been dealing with boards in town and part of them. But I was on an associate member in uh on the CONCOM back when Dana Whitman was chair and Dora Pine was on. I mean, that was quite a few years ago. Um but it's a nice tool to have in the shed if you need it. Um we have not used it a lot, but the thing is we didn't have site plan as a special permit because I had been trying to get it that way. Um the associate member came in and it wasn't till a year or so after that the site plan came in. So the site plan by special permits only been around for I'm not really sure, but I'd say probably two years maybe. If that's but site that was the reason the associate member came in, site plan came after. Um you know, I had met with some resistance, I don't want to go back into the history, but I had been pushing for site plan by special permit for many years just because you know I knew that would give people teeth, and that was how the proper way for site plan, because the way we had it, it really it was just kind of an approval that didn't really kind of meet mass law, but um but I respect your opinion, Pam, and you know you your research.
SPEAKER_01:Uh yeah, and I did if I not to I did look back, I it's it's not normal how long I spent reading minutes, but I read a lot of minutes. Yeah. I failed to find one meeting where there was a um failure to act. Oh, I the name's escaping me. It wasn't a approval granted because of a failure to act on a time period. I did not find one meeting that had to be postponed for lack of a quorum. I did not find one site plan or special permit that had a negative consequence because of that. So that's what I'm struggling with. And you know, like I I I I just I don't know that it's necessary, like I said. I I think it's created a huge distrust among the community for this board. I think that Bob's right when he says that if you have an associate member, it is the perfect way to try. We're always saying that we don't have people that sign up to be on these boards, and the associate member is the perfect way to introduce somebody into the situation, test the waters, see if it fits for them. So, based on his theory, I would agree with that, but that's not what happened when we had the ability to fill the associate position. What happened was we had four applicants, and one of them is clearly qualified and has experience, but three of them were qualified in a different way and didn't have experience. So if you're going to use the associate position as an introductory way to attract more members, we we should follow through with that and appoint just that. The people that may need to learn how a planning board works, not the ones that are already experienced and can hit the ground running for two votes a year. So I just I I don't know what the right answer is. Um I'm not convinced that either of these are. I think it's a delicate situation, I think it's tricky, I think you're right that somebody's gonna be mad, everybody has different opinions, but based on the homework that I did and the numbers that I have, I I don't I don't see the necessity of it.
SPEAKER_03:Well, it's only been site plan as special perimeter probably for less than two years, and um so it doesn't have a lot of um data to go on on such a short period of time. Um I see what you're saying, but um from someone that has 30, 40 years experience, and I'm sure Bob could tell you that the associate member in Bridgewater voted on things. But I I said in the beginning, I mean, it's a position you might vote on something once or twice a year. And but it's good to have that tool in the shed. Um, you know, it's good to have that wrench you hardly ever use, but if you need it, it's there. Um it was new to us, so we just appointed Anthony at the time. was never really controversy 'cause we really never really hardly used it. And then when this happened with an election and you know, appointing the person that lost and all this stuff, it stirred up a hornet's nest, so we tried to you know you know we rescind it out vote, we revisit it with the selectmen, we tried to make everyone happy. Um we're growing, you know, we're fine-tuning this as we go. But I don't think at this point it's worth throwing it out completely. Um I think um if we need it it could be there. Um from my many many years of experience um it's worked in other communities. It could work in this community. Um I don't know any place that it's failed to work.
SPEAKER_01:I think it's failing now.
SPEAKER_03:I don't think it's failed I just think that the controversy has been created and we address whatever this controversy is not the member itself we've only used it twice as you said and we had success with Anthony he's on the board so based on that that's a 50-50 right now and I think you know my vote was to uh select that I would not change that I think it's a great vote what I had said to all the other applicants that applied um is that I'm gonna be gone soon Brian's gonna be gone soon Burke's gonna be gone soon there's gonna be all these open so come back don't go anywhere if you want to serve the town but up until now nobody's really cared. You're the first one that stepped up I mean nobody has cared over 20 years about what we do and what's on the board and then all of a sudden now it's a hot topic. So if everyone truly cares then take out papers and run. I mean you know people doing this article if you really want to run the plan aboard take out papers and come on. But there's gonna be plenty of openings and I encouraged all the people to put in their um name in the hat to keep it in the hat and come back in the election. We have this April, next April I have three more years. I already said I'm not gonna make it three more years. I wasn't even gonna be on now. And I had people like you know Lorraine you asked me to stay on a couple times and I stayed on and I didn't want to stay on but it was like stay on because I was a conduit to the first street and everybody to keep you know keep different townspeople in the loop on what's happening because things come through us and they can have one public hearing and slip through the cracks without the rest of the town knowing so you know I was the guy that would let things out there just to protect neighbors. I mean that's kind of what our job is to protect the people that come in front of us but also primarily protect the residents are but um that's about it on that so that's you know and like Bill Nickerson and Don McKinnon always said let's agree to disagree and respect each other.
SPEAKER_13:The articles on the town warrant there's two of them one for an elected position and one to dissolve the associate member. Am I correct?
SPEAKER_08:Okay one passes say we vote to elect associate member and that passes how can the other article go through it still could I mean I don't I don't know what order they I don't know can it or the the moderator is working on town council and how to handle that right now.
SPEAKER_03:Yeah see I you know I I don't want to dissolve the position but I feel it might be easier to elect yeah instead of instead of a point but I'll make a motion not to delete all you have to do is make a motion whether to recommend or not to make any recommendation I haven't even opened it up the public yet so we're not making any motions yet but uh you know I mean but I I see what you're saying that uh I mean now it doesn't matter how we want it there I think we need to keep the position in my opinion whether it's people choose to elect and appoint it it doesn't really matter it's a good position to keep and and I agree I don't I mean it's been there this is only the second I mean I think give it a chance I mean let the town give it a chance for a while to see how it flushes out instead of eliminating um give it a chance let it let it let it go. Leave it alone let it let's see where it goes I mean we could also keep it open up for more discussion on how we want to handle things. Uh we already had as I said that Riley had an input on things and we're open to all that that's what we're here for.
SPEAKER_10:We have the town meeting government we all have our equal vote and that's the beauty of democracy in a small town Massachusetts but if no one else on the board has anything to say I'm gonna open it up to the public or no I just just no matter what happens it doesn't have any effect on the current associate you will go through the two terms I looked into that. So whatever whatever changes however it changes would affect moving forward not what happened before so okay yeah that was a question I had asked so this whole thing could just be a waste and come back and put it back on and whatever.
SPEAKER_03:But okay um I'm gonna open it up to the public if anyone wants to speak they can raise their hand and then come up to the podium state your name and your address for the record that Riley oh you you state your name I don't thank you Mr.
SPEAKER_07:Chairman I am a member of the arrangement select board and I just want to say that um I like to try to go consensus eliminate controversy whenever possible and I think that well no the reason the board was proposing making an elected position is just to give the voters an opportunity to make a choice and they have three choices now. If they like the way it is an appointed position and if we vote no one vote by if they like the having an application position we've all made an argument for that and against that and based on the fore if they'd like to keep the position but they want to keep that position and then there's the other option if they want to create it so if the voters create this position or proposed or supportive that and we voted supported that you voted for it. So let's just give the voters an opportunity in debate and discuss the pros and cons. Should be the voters to make the decision I think as you mentioned if it's a position whether it's elected or appointed you still have a position there are some there was some controversy around this so let's give the voters a decision and we have thanks.
SPEAKER_03:Well we you know just for the record we don't like controversy either I mean we ran for this board and took an oath subdivision controls of what we're allowed to do by law and once again the 40B's low income has got nothing to do with us we just subdivision control incite and we have some good quality methods you know we have Brian he works for the town he knows every street in town and he knows what every project's going on he you know we just ask him he'll tell you everything's going on in town on our daily basis work as an attorney that's done just years and years of real estate you know decades I think into the town you know he's getting his feet wet very intelligent guy he's got like amazing input as a board member started as an associate member and has got tons of municipal experience a lot of clerical she's been you know town clerk she's been in municipal positions so she really brings a lot to the board that we overlook and has a lot of town meeting experience. Matthew has you know had a lot of great input five years experience he's in the real estate if it wasn't for him there'd be 750 apartments on Church Street when that 3A people forget about that. When that 3A zoning MVPA zoning came in the bows that be just said here let's give it to the church street piece 50 acres and make it easy and so we're like looking going on that's what we have to do. Matt took it upon himself not the rest of it and he said this ain't right you're giving someone a lottery ticket and then went through it and found out we could break it into two twenty buys got a circuit involved got a town administrator involved and came up with an awesome way to deflect a bomb because that's been approved by the attorney general that came through the attorney general zone of the Walmart but that was Matt that did that and that was a by right so the next day they could have gone in and pulled out the permit and put in a bunch of high rises for 750 units without giving the police the fire anybody in there so I mean to me that was a big part of why I voted for Empathy.
SPEAKER_07:I mean obviously people if they own property they have a right to develop it but you on this board protect the town responsibilities and save our time as well so I think the difference to just to distinguish between appointing members to the appeals board and the conservation commission position so that's a slight difference as far as the association but I want to thank you for all the efforts that you do and hopefully we'll get a great turnout this can all be discussed with the data time yeah I think we've all put in a lot of time and we'd like the town to work with us I mean we think we school well not all of us but um see what our recommendation is but we brought this tool in just a couple years ago I think it's too premature to throw out I think it should be given some time. I think it does continue as an as an appointed position we will go back to that policy that you know we had talked about or so to make sure we follow yeah I don't think the method is one thing that probably is another thing say we the taxpayers voted for an elected position now say nobody ran for that position then what happens then we have to go up there run and recruit somebody to run for it.
SPEAKER_01:But say nobody runs for you know would then what do we do we appoint or does it stay vacant that's that's a very good question because when there's a vacancy on the planning board would that have to be associated on the vacancy in other words we might want to fall back regroup and think this through until the next kind of meeting because you know there's other things like if you have the planning board that gets off that someone gets on um but I'm gonna get the clerical experience the town hall experience and has their hand up so I'm gonna see what you want to say the article we drafted it said that if it was a vacancy it would be nothing to show the following animal action so we can but I think we'll be the first thing both of these by ones but it looks like they are someone just talking about yeah they intervented so we might as well so with the elected position what I said I didn't agree that what you said I think that it would be nice that it would be failing to elect so I think that the board point the solution I think there's I think it has really good attention I think it was a great effort that they saw the community was upset. They heard all of the talk of you're going against the will of the voters and this was a solution that they proposed that I think in theory I think it's good. But when I dove down and I did some details I found a lot of questions not unlike what Brian said Chris you mentioned that the last couple of them the only contested election races that I found were myself and Matt I think it was Dan and Bruce Rafel back in 2012 and I think it was probably you and Henry Ellis way back in the 90s. So where like I think what I'm trying to say is like the devil is in the details. In theory I think that the selectmen solution it sounds it sounds great. It sounds that they're like all right we're gonna work with the townspeople this is what they wanted you wanted to vote this is your chance but I think that when you dissect it and you get the details of what Rainham really is that in 30 years we've had three contested planning board races. Out of those three contested planning board races it was a two-man race so we had a winner and we had a loser. We didn't have like a choice of like you know fourth place or fifth place or whatever the case is any of those other races besides the three in 30 years everybody ran unopposed so my concern if this let's get it elected passes I think the intent is pure I think the intent is good it's in response to what the public asked for. But I think when you break it down we're gonna be in the same situation that we're in right now because when you have a situation that nobody when it's just two people running it's exactly the same controversy that got us here in the first place. You when you have two people on a ballot you you have a winner and you have a loser you don't have a first and a second place and it's gonna create the same controversy that we're dealing with right now. The other scenario is when you have one person running uncontested you have the failure to elect or you have the vacancy you still don't have a position. So I I think the intent is good but I think when you write down the details I think it has a huge potential to put us back in the same position that we're at right now. An ideal situation would be if more than two people ran and then the intent of making it elected would be realized and it would be carried through but I do not see Rainham having a three-way planning board race ever. Maybe this one time we might but I think it would the history does not support what what's being proposed. I I'm concerned that a good intention would end up backfiring on us.
SPEAKER_07:I could but we just had three people that were interested in history to math for the associate construction.
SPEAKER_01:And your argument could be used for indelected position right we could have only one quite often we do we look for people to get involved in under this I don't know any other position that might be controversial I'm afraid we're gonna be back to my comfortable I don't think having one people find for 24% I think if we do have in next 2026 and then two three four five people I I believe confidently that that would be isolated and then and if you have to do that well respectfully it's democracy there's all these different positions people can run for if they choose not to run it's not you're gonna go out and say here get some papers signed and run.
SPEAKER_03:A lot of positions are like this there's a lot of apathy in every town I mean every town you look at it has all these appointed positions that you can't find people there's vacancies everywhere. You know I don't know what we have in town but I mean look at how many people vote five percent of the people going out to vote. I mean that's just how things work and a lot of people I mean we're down to 25 for a quorum in a town meeting it's pathetic and but that's how it is and I mean it it's it would be nice if people get up there but they don't that's why there's been all these uncontested races because people could care less and you know they're raising their families. I mean it it's not that they could care less but I mean they're busy you know there's a lot of families you know people with young children raising their families people older don't want to get up go out of the house I mean ideally it would be nice if two three hundred people showed up at town meetings every time um but we you know I mean Rain Hands run well it seems to be doing great but it you don't get a lot of people turning out on elections to take out papers to do anything. And we've never had controversy I'm sorry we're having it now and we're trying to you know see what we're listening to everybody and seeing what we can do to to fix it and you know they've come up with a couple solutions here. Um you know in my opinion the throwing out the position as associate member I think makes zero sense because give it a try. I mean let it it it's worked in many other towns it's something that works let's give it a try and you know if we find out in a few years it doesn't work then revisit it. But you know let it grow a little bit and um if it goes elected uh I can see your point Pam I can see but it's unfortunate but that that's you know the way it is I mean a lot of these uh our planning board hasn't been a position that people have jumped for you know and sometimes I wonder if I should should have I mean I I wasn't gonna run the last two times and made it public that if anyone was interested come on and uh no one did um but there's interest now I hope these other people that applied um you know stay interested and if not the planning board I hope they get involved in something else because it's it's hard to get people involved and I wish more people would get involved but um now that the elected has been brought in does anyone on the board have any comment on that Bert I guess and that 20 years ago Bristol County savings was putting that more branch across Trump's plan I was on board how did real estate workers for them and we always was on board the collection work for them either of us should have voted but they have a drive through window it needs to be for it but we would have a problem with anybody said the obvious I don't see it as something that we can vote on in six months or a year later have uh something actually just the opposite um something applies like what we have to say apply for current we have a year live a week or two have a year or two I will say how I think it's something what we need to what we need to we would need it now I think that's a great I mean we haven't used it in a couple years it's been on in a short time by special permits but we might need it to now we need a year from now so what's it hurt keeping a position there's no there's no downside keeping it there for you Mr.
SPEAKER_01:Chair I think it's not starting problem just because I like to look at all angles I think that if we are ever in a situation even with an associate member I think and I could be wrong that a 268a disclosure form would remedy that issue. I think that you have the ability to still act as long as you can make a fair statement that you can act impartially. I could be wrong but I think if we ever find ourselves for whatever reason even with an associate member without I think a 268a will resolve that. Yeah like so if you wanted to like on on dear um don't run if you you feel that you need to recuse yourself because you're on a butter I believe the last conversation that I had with ethics was that you don't necessarily have to recuse yourself if you fill out the 268a and you disclose it and you make I could like I said it could be wrong.
SPEAKER_12:It depends on who wants to speak to at Ethics you could sometimes get a different answer but they said that as long as you make a statement that says that you you have the ability I am a neighbor I have the ability to act impartially it's not on the back of my judgment and you fill on that display on the counterpoint of that I call the disaboard um connecting you with your lawyer who was on the day of the day um about your time because I'm a butter technically but my house is hundreds of feet away from a small strip off the off the Pine Street and I I explained that I'm like that's why I'm I'm barely in the button I said no well you can't both you can't you can't you know think about that of it too you know um you know there are avenues like Pam said but I think it's the appearance of impropriety.
SPEAKER_03:So it it it it it avoids you having to even think about it you know and it and and that's the good part about it. It's it it it so there's no question and it eliminates um the possibility of a failure upon an appeal um but I think it's a good tool to have in the shed and uh just to go further does anyone have any board members on the elected um you know Pamus Spoken Anthony do you have any issues on that Matthew any issues on that Kirk Brian um anyone else out in the audience have any issues on either one no okay um I'd entertain a motion uh first on the amend the um amendment to the zoning bylaw to delete in its entirety the section for the associate member do I have a motion to recommend deleting the associate member no no no no you that's not how you want to vote Mr.
SPEAKER_10:Chairman you want to either vote to recommend it or not to recommend it.
SPEAKER_03:Yeah that's what I said we want to vote so um to not recommend well Pam did you just make a motion to recommend recommend to delete it okay so Pam and made a motion so basically support of that article okay Pam made a motion to recommend to delete it do we have a second on that motion only board members can second um so second it for discussion any discussion all in favor say aye all opposed say no no support of one okay um so I don't know if we need another motion to well so you need to vote on the third article. Right so we don't have to vote to not recommend we just voted on okay so we voted on the select board article so now I would entertain a motion um to vote uh to a motion to recommend um the article that would make the associate planning board member an elected position so moved okay do I hear a second second okay any more discussion okay hearing none all in favor for the motion to recommend um the article to make the associate member an elected position aye I'm gonna abstain because I'm not sure I don't know how I feel um I'm gonna abstain too okay yeah okay so that's three eyes and one abstention two abstentions two abstentions yeah okay I didn't count myself I'm not significant okay well thank you everybody for your time and thanks for your input um and thanks for everyone showing respect for each other okay the next thing on the agenda which is also the last thing is Rainham Preserve East acceptance as town road I have several correspondents I have the highway department um he has some outstanding issues there's some payment that's supposed to be due there's a verbal agreement for payment there's payment also for GPI to conduct uh you know peer review so we must not have any money in our account left on that we have some fundamental how much do we have 1000 yeah but this isn't it's what what our balance is still left in the in the in the fund but this was a verbal agreement so uh We haven't uh got a review. Um we need a review by GPI, uh which would have to happen prior to the town meeting. This is from the highway. When I open it to the applicant, you can explain this. But it says I did request that the developer make a payment of$7,500 to the town of Rainham Planning Board for road acceptance peer review conducted by E.G. A payment of$7,500. Uh the town is also requesting funding for town council review as well, so that's above and beyond the$7,500. Um that's the highway. Um Board of Sewer Commissioners. Um Rob Carey is also having town council review easement documents for the sewer easements. And he also, and this was something that could be very problematic. I mean, apparently there's a sewer line. Um I talked to the sewer department, there's a sewer line that's not in an easement and is on private property at 94 Sparrow Way, so they'd have to acquire um easements uh or move the sewer line. But actually, the town council review is going to go through and make sure that all lots that were deeded out were specifically reserved in easement as the owner on all the deeds, so we don't get in the same situation as we got in with a cemetery down on the subdivision next door where they just deed it and say all easements are recorded, and just because it's shown on the plan doesn't mean it's a record because it hasn't been deeded yet. Um so I mean this comes back again on future subdivisions with Henry Ellis. Uh the rest of his soul used to do was have a conveyance of easements upon subdivision approval to the town, so we didn't have to deal with all this stuff and chase title, and they were conveyed before lots were conveyed. But so there's an easement issue and a sewer line issue with the sewer department. Um again, this may not affect our recommendation, but at town meeting, if it gets up and these things aren't done, you're gonna have an issue. Um GPI um had a letter uh it's pretty extensive. Well, it wasn't extensive, it's just all the outstanding comments. To summarize it, he basically says uh pretty much every comment's been addressed. Umes that had to do with water, sewer, highway, he's deferred to water, sewer, highway. But all our review engineers' comments have been addressed. So there's some outstanding stuff with sewer and highway. I don't like recommending a road acceptance until everything's done. Um but I know there's a deadline to get this stuff done. And I would imagine at town meeting if the highway or the sewer got up and went against, um I guess we could give it maybe a conditional. But so that's where we stand. Ninety-eight percent of it's done. There's a couple percent left to do. And today is what? Four six six. So the town meeting is what a fifteen eleven days. There's eleven days to get all this stuff done. There's also we can make a motion on it and recommendation or we can do it like that, I think. When you do your time, is it just a yes or a no recommendation? No recommendation. Okay, so that's the couple of standard issues that I see from our consultant and from the two different departments that are responding. Um it should be a hundred percent before the board says yes or no.
SPEAKER_13:I mean all the easements should be needed. To me, the retention pawn should be on the plan needed, not just the roadway. And I think that's what they're trying to get, if I'm not mistaken. Just the road layout. I don't have the article in front of me, you know. To me, I don't think it's right. It should be a hundred percent everything in town council should be reviewed the plans and the easements and the deeds before we accept it.
SPEAKER_03:Okay, well that's gonna come up then because both the highway and the shore are waiting on the opinions of the town council and also waiting on the applicant to put up the money to pay for this review. Um so that would have to be done prior, but after discussion or after motion proposed or something recommended.
SPEAKER_11:Um highway, highway, and so on.
SPEAKER_03:Yeah, and all the all our review engineers just deferred to highway and so on, but all his were fine. Yeah, we're gonna say it's quick piece first before we can have a second one. Anthony first. Okay, um this is Evan Watson. You can state your name and address and that you represent the applicant, so if you speak, you're speaking for him. Very good.
SPEAKER_06:Thank you, Mr. Chairman. Evan Watson, W Engineering, obviously 27th Jefferson Street Tartan, representing the applicant. Um so what we're asking uh to be put on the warrant is the acceptance of the roadways. Because the only way that the roadways can be accepted is through the town meeting. The drainage parcels uh for the town to accept and receive those town meeting is not required, so that can basically be accepted by the selected. So at this point, that's why the separate so the plan that's going to go to for acceptance is just the right-of-way of the roadways, and basically to accept that property with the roadways on it. Um we met with uh highway department. The review that he's talking about is the review that he gave here, so that's been completed. Um, the easements and everything we have. I actually have the deeds for some of the questions that he was asking here like that. So there's nothing here that requires any uh physical work in the field. It's just the review of the easement documents essentially that we're looking at that need to be completed. Um we feel that all that can be done before time without issue.
SPEAKER_03:Well that brings up something that's very pertinent. And if the road gets accepted, there's no incentive to go through and pay and review all this for the easements. And you think that we wouldn't want to accept a road unless we had title to the easements if they're two separate issues.
SPEAKER_04:Um may be very well intended, you may have all your paperwork in, but uh if we go accept a road, I'm here to defend the town.
SPEAKER_03:I don't really care what someone's reputation is, whether they've left the town in a lurch on other roads before, which whatever I'm not gonna go there, but uh if we accept a road, someone could easily walk and never pay this 7,500 and all the monies for attorneys to accept all these easements because there's no incentive to. And now we have one easement, particularly with the sewer, but we have a sewer line that's in somebody's private property, and that could be problematic. And I know you're gonna come back and say things are minor, and I would do if I was in your position, but um the position we're in, I think that could be problematic that we accept a road without having any easements for anything. Like, say for instance a subdivision next door to you, if we accepted that road and not the easements, the cemetery department would have no way to get to the cemetery.
SPEAKER_04:So I like Brian's idea of all ducks in a row before they get accepted, but I just wanted to.
SPEAKER_03:Uh what about the monies? Was uh the monies that highway had requested shortcuts?
SPEAKER_05:You guys can get it in the outway on your phones. Um I was just uh notified today at the 7500 for town council. I was just notified yesterday at 7500 for the uh highway property and uh people provide response tomorrow. We always have worse that I think we should go.
SPEAKER_13:Before we accept the road. Yeah, it's even from GPI. Yeah. You know, I mean it's I mean the E you know it's all kinds of private property. The East button. You're not accepting the road. It's a recommendation. A recommendation. I'm against it. Until it's a hundred percent. It's a shape. A town shouldn't take it over. If it's a hundred percent, then the town takes it. Because once the town takes it, we're liable for it. What's going on over at off of Oak Street? That's how I feel. I'm only one board now.
SPEAKER_03:It's problematic when you're sitting there like 11 days before the town meeting, the outstanding easement issues and all this that could have been addressed on time ago. I mean, I don't know when you found out the sewer pipe wasn't in the roadway, but when you first did your preliminary as built, you do for utilities, that should have been a red flag right there. Must have been done typically your preliminary before you do the preliminary as built before our releases. So you knew the sewer wasn't in the easement when you were doing lot releases, what was that, five years ago? But I mean, you know, it I mean I know it's in the grand scheme of things, not huge stuff, but even if we're stuck with 10 grand, that's huge. That's it's not we're not we're not investors in the development with taxpayers. Um there's one person looking at it. Uh I don't feel comfortable recommending it, but you have outstanding issues that should have been addressed long before the night that there's a vote to recommend. Now was it the motion or is that uh I left that motion open, and that motion was to um make a recommendation to accept uh subject to the letter from Highway Department along with the monies in there. Um review and train, I'm gonna add and transfer of easements, and same with Raw has an issue with review from council and transfer of easements and somehow correcting the easement for the pipe and the soulmate. That was Burke's uh motion, and I can't really amend it, but I entertain an amendment that would add all this stuff be in place prior to the road acceptance, all the easements be in place and transfer.
SPEAKER_11:Can you get them done?
SPEAKER_04:Yes.
SPEAKER_06:I think we're we have to get easy. It's only over a few feet, that's what you didn't pick up.
SPEAKER_11:But if you take what I said as a motion, you wait for the second.
SPEAKER_12:Okay. Is the motion so I understand why second amendment answer? The short of it is, you know, so 98% tonight. The motion is we'll recommend it, or the town should should recommend it to vote on it at the meeting. If I understand my understanding of it, those those amendments are and to help if and only if everything is done by the county.
SPEAKER_03:And to help Maureen write her a letter, the motions would be the motion to recommend uh based on addressing all issues in both the highway department letter and the sewer department letter, which entail um uh money. Uh we don't have to go too into that, but it's uh monies in place, the town council review of easements, uh correction of easements, sewer, and also transfer of easements to the town prior to town meeting.
SPEAKER_13:So understand that properly at a hundred percent, basically, yeah.
SPEAKER_03:And if not, we're not recommended at town meeting at town meeting, but right now we recommend it subject to. So if it's been made and secondary.
SPEAKER_04:Yeah.
SPEAKER_01:I mean yes. That does go through council review as a problem.
SPEAKER_04:And we get up at town meeting. So staff and generally Norman would get up, I would Rob would get up, especially if he has a sewage. Anthony would get up and read the planning board report, and I probably stand up behind them or I am behind the time.
SPEAKER_08:Yeah. So we can stop.
SPEAKER_12:So you reworded the motion at work.
SPEAKER_14:No, Burke reworded it. I just explained it better just so Mori.
SPEAKER_08:So Burke? Yeah.
SPEAKER_04:No, Burke's was the motion, but I just reiterated that the motion included both even letters included the money.
SPEAKER_14:Okay.
SPEAKER_03:Me then. What he said. Well, what he said. Yeah. I didn't do a motion, I just suggested a motion for made the motion. He amended it. Yeah, two four.
SPEAKER_13:Can you repeat that?
SPEAKER_03:I think that the reword motion would be to make a recommendation to accept the roadway. Um highway department letter and the tour department letter. Um all issues in both letters to be addressed, including outstanding funds. And outstanding easement corrections. And all easements transferred to the town prior to town meeting.
SPEAKER_13:And review for the lawyer too, also, right? Yeah. Town council.
SPEAKER_03:Okay, motion motions on the floor.
SPEAKER_13:Greg wants to say something. Greg, do you want to say something?
SPEAKER_03:Mr. Chairman, I don't see a hand raised, in fact. I don't even see a human. Oh, he's been here.
SPEAKER_08:Yeah, I just want to. This is right out of the uh town uh bylaws. It says uh uh open town a little. It says board of selectment open to hearing. Uh-huh to hearing laying out of the way, road convey at no cost to the town, and then the next section says town meeting votes to accept the cost. And then the next section says upon accepted the developer's applicant shall have the deeds for the accepted roads prepared and reviewed by town council. Upon approval by town council, the developer applicant shall have the feeds recorded with the personal county registry of deeds and provide proof of said recording to the planning board. So what I we have interpreted, the easements, we will not ultimately take the roads if the easements are not appropriate. And by appropriate, they are acceptable to the store, the water, and the um and the highway. Um it doesn't mean that that all the easements have to be approved by town meeting. I'm not sure that's the realistic standard, but just even if town meeting accepts the roads doesn't mean we take the roads. There's still a further step in all which is outlined right in this this process here. So uh and and I I can't, you know, I have one of my board members here, but I can tell you I'm not gonna recommend that we take any of these easements unless again highway planning, well, yeah, highway planning, um sewer and uh water are all satisfied.
SPEAKER_03:I think we'll keep on motion as it is. Um just to go back, what used to happen, and recommended this. This was kind of like similar to recommending the special permit to site land for several years. Go back to the way we used to do it upon subdivision approval. There's a conveyance of easements that Henry Ellis was on the board, he used to do that, and everybody thought he was a pain in the ass, but which Henry was a lot of times, but I said he was a pretty smart guy, but he used to do all the conveyance of easements up front, so you had that was a nice clean way to do it, so we're not jerking around like this, but yeah, we should have something in place to fall from now on before accept the roadways. So I think you accept it in a town meeting, you accept it. You know, we're gonna call it a special town meeting and I accept it. So there's a motion on the floor. Do I hear a second?
SPEAKER_12:I made the motion practice to refer to studying for the point of motion. Or on the recommendation for a motion because we're based on the bylawn just as it was. Yeah, as is just a recommendation.
SPEAKER_04:So it doesn't have to be if he gets up and reset it out again. As is just a recommendation.
SPEAKER_14:Okay, seconded. Any further discussion?
SPEAKER_13:So we are gonna recommend it with those conditions, yeah. Conditions.
SPEAKER_11:Yeah.
SPEAKER_03:I don't know. Well, aye. All in favor say aye. Aye. Aye.
SPEAKER_14:Um Bertney South and Anthony said aye. Chris said aye.
SPEAKER_05:Burke said aye.
SPEAKER_14:Brian?
SPEAKER_04:Yes, no abstain.
SPEAKER_14:No.
SPEAKER_04:No. No.
unknown:No.
SPEAKER_03:At least we have a board that agrees to disagree. Don McKinnon would be proud of us. Um, so that's all done. Invoices and bills, I think we sent them around. Old business, new business. Anything? Um project review account closings. None. Okay. Uh correspondence, I saw none. Uh circuit update, Pam.
SPEAKER_01:Um nothing really. I think I quite every company in the works. Um relative to like a commanding school by law and getting more info warrants or I can't know how to do that. It's not until March of 2026, and I'm not even certain that if that's my hand for that. It's it's just something to be aware of.
SPEAKER_03:Okay. Um public arm and input. Anyone um plans to be signed? We have east of Irina State. Yeah.
SPEAKER_10:Um planning coordinator update for uh the only thing I'd update you with. I know I have been here the last couple of meetings, but um, we did have a department head meeting for a tractor supply that's gonna take over the the building at uh 59 Route 44 across the street from the Greco dealer. They're gonna be submitting if they haven't done yet for abbreviated site plan approval. Uh so you're gonna get a tractor supply. The biggest uh change there would be the facade of the building, and they are gonna use a good majority of the parking lot for outside storage and outside display. Uh, you should see that probably next month.
SPEAKER_03:No, across from RECO.
SPEAKER_10:The big lots are store. Oh tractor supply.
SPEAKER_13:Okay, okay. Is it a nail flight stay taken that too?
SPEAKER_03:No, that's the oh oh across from stock. Across from Star Trek.
SPEAKER_12:Okay.
SPEAKER_03:Um that's good news. Um I guess that's it, then identifying a motion to adjourn. Okay. I we agreed on that.