Board of Appeals 01/14/2026

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

A few feet can change everything. We open with a homeowner seeking an eight-foot side yard variance to attach a garage and master suite on an off-center lot at 154 Ellen Road. The conversation is frank and practical: how to stage construction without crossing the property line, whether 12 feet is enough for safe access, and what kind of use the neighbor should expect. When a resident worries about loud exhaust and late-night wrenching, the builder clarifies the plan is for living space over a garage, not an auto shop. That clarity—paired with a willingness to manage drainage and erect fencing—helps the board reach a clean, unanimous approval.

Then the lens zooms out. We examine an estate lot on Spruce Street that doesn’t yet front a public way while the subdivision is underway. The developer lays out a simple idea with complex implications: build now to avoid damaging finished pavement later, secured by a robust cash bond covering more than the road’s completion cost. We dig into the details that make or break compliance—fifty-foot frontage maintained throughout, the shape factor envelope, and a non-jurisdictional isolated wetland that still leaves ample buildable area. The board’s focus turns to sequencing and safeguards. The result is a precise stipulation: all lots, including the estate lot, must be completed before the town accepts the street. It’s a small sentence that protects taxpayers, aligns incentives, and keeps the project on a responsible path.

A third petition opens but is continued due to a publication issue, a reminder that public process runs on both substance and procedure. By the end, you’ll understand how zoning boards weigh setbacks against streetscapes, how bonds protect municipal budgets, and why the difference between a wetland line and a jurisdictional wetland matters for where a home can go. If you care about smart growth, neighborly living, and how local government actually works, this one’s for you. Subscribe, share with a friend who follows local planning, and leave a review with your take—did the board strike the right balance?

Transcript

Opening And Roll Call

SPEAKER_06 0:04

Okay, I'd like to call to order the proceedings uh being transcribed transcribed and recorded to provide full and accurate minutes and allow full participation of the clerk. Uh this is the Rainiam Zoning Board of Appeals on uh Wednesday, January 14th at 7 p.m. at Town Hall. Uh to my right is Rob Costa, and to my left is what's your first name again? Charles Carey. Charles Carey. I was gonna say Charles. Charles Carey. Um and I'm Peter Schondek, Chair. Um I'd like to request first.

Petition 1064 Read Into Record

SPEAKER_04 0:45

The Randian Board of Appeals will hold a public hearing on Wednesday, January 14th, 2026, at 7 p.m. at Radium Veterans Memorial Town Hall, 558 South Main Street to consider petition number 1064. Joseph Williams, Rhanium Mass. Request for variance from Ranium Zoning Bylaws, Section 350-5.1. Minimum requirements for the side yard setback to allow the construction of a garage with less than the required side yard setback. Variance of 8 feet is sought to allow garage at 12.4 feet and 13.2 feet on the corner setbacks. Locust property is 154 Ellen Road, assessor map 12 lot 178, Greenham Mass. Copy of the plan and application may be viewed in full at the Board of Appeals office or town clerk's office at the Rainham Town Hall during usual scheduled business hours. Rainham Board of Appeals, Calvarana, Chairman.

SPEAKER_06 1:50

All who intend to give testimony, please rise. You're the only one here for this one.

SPEAKER_08 1:56

How are you doing?

Applicant Explains Garage Setback Variance

SPEAKER_06 1:58

Do you solemnly swear that the testimony you're about to give this board shall be the truth, the whole truth, and nothing but the truth? So help you buy it.

SPEAKER_08 2:05

Yes, I do. Okay, state your name and then I'm Henry Mitchell, owner of Liberty Construction. I represent Joe on the garage build. So, you know, it was us that put on the application, you know, to do the job. Um originally when they built the house, they didn't really center it on the property where it kind of should have been. I have a picture of the neighbor's house. This is the neighborhood of his right side. You know, so it really does be able to get offset. So we're seeking that eight foot, you know, variance so we can fit the garage in.

SPEAKER_06 3:05

You have the plans, right? I do. Yeah.

SPEAKER_04 3:08

Do you have any questions for are you attaching this edition to the house?

SPEAKER_08 3:20

Yes, that's that's uh, you know, that's what we're going for. You know, um, unless you know you guys had a different way that you wanted to do it, we were willing to conform to whatever, you know. You know, I don't know. I know nowadays, you know, you can build what a garage with an ABU and only be 10 feet off the property, I think. So but we are trying to attach at this point.

SPEAKER_06 3:44

Um so 12 point is there a fence or anything on the property line or I think just in the back half. Okay.

SPEAKER_08 3:52

So half the lot?

SPEAKER_06 3:54

Because I'm just wondering when you're doing construction, are you going to be able to stay on the property?

SPEAKER_08 3:58

So we can set up a fence or we can set up some drainage.

SPEAKER_06 4:00

On the property so that you know you're not Yeah, yeah.

Board Questions On Access And Construction

SPEAKER_08 4:03

We'll make sure that whether we're not encroaching on the border of the property at all. Yeah. And we like I said, we can put up a sold fence or whatever you'd like.

SPEAKER_06 4:12

I'm just my my main concern is access to the backyard if you have to go that way, but you have plenty of room on the other side that if you need to get back there.

SPEAKER_08 4:22

Yeah. And it's still 12 feet, but it's not a lot, but 12 feet.

SPEAKER_06 4:27

So you know. It's wide enough for a car or something, but if you if you uh need like uh I don't know if you're gonna be excavating and stuff, but you might have to go around.

SPEAKER_08 4:36

Yeah, I'll oversee everything, all the excavation, everything. Yeah.

SPEAKER_06 4:43

I don't have any questions. How close is that shed to the line?

SPEAKER_08 4:50

I know there's a lot of sheds on a lot of lines, I'll tell you that. I've seen quite a few. That is a good question, because I have a neighbor that has them on town property.

SPEAKER_04 5:00

So that would be the other thing, too, is the shed, they need to c sheds do need to conform to well we're not building the shed.

SPEAKER_08 5:05

I haven't touched the shed, the shed's existing.

SPEAKER_04 5:07

But it's existing.

SPEAKER_08 5:08

Yeah.

SPEAKER_04 5:09

Um that sh you know, obviously it was put up, those need to follow the the 20-foot side yard setbacks too. The shed. So it was depending on ten.

SPEAKER_08 5:20

I think his shed is only ten.

SPEAKER_06 5:21

I think it's only ten.

SPEAKER_03 5:22

Ten and fifteen, I think.

SPEAKER_08 5:23

Well, it's so funny, because I just had a situation in my town with my neighbor, and his is on the line, it's actually on town property, and and they're saying that there's no setback. I'm like, there's a ten foot setback.

SPEAKER_06 5:37

I know I know there's a setback because I know I when I put my shed up, I have yeah, but yeah, ten feet is what it's state state law.

SPEAKER_08 5:44

Yeah. Yeah.

SPEAKER_03 5:46

I mean and then the other one in the backyards, not even on their property.

SPEAKER_06 5:51

Oh yeah, is that their shed too? Whose sheds are these? Whose shed is the one way, way in the back? It says existing shed, it's on three properties.

SPEAKER_08 5:59

In the back, if you want to say this is all stuff that I'm not, you know. You know, stuff that's been there for those how long you get all the sheds that are on. Yeah, yeah. Yeah. Well, that would be for a different time, though. I'm only doing the garage.

SPEAKER_06 6:15

No, I understand that. Right, you're right.

SPEAKER_08 6:17

But if nobody said anything, these have all been there for a long, long time. It's not anything that's been done recently. Like I said, every time I go to every job, everyone see sheds.

SPEAKER_06 6:29

Yeah, it doesn't matter. And now, is this gonna be just an addition to the house? Like a master bedroom or it's not a an apartment or an embodiment.

SPEAKER_08 6:39

Exactly. There's gonna be a master bedroom and bath.

SPEAKER_06 6:46

Any other questions?

SPEAKER_03 6:55

Bob will Bob. The ones he files for, you know. Depending on OCOM, if he files for build, then that Bob will handle all the plans and that's so obviously everything would be inspected.

Neighbor Concern About Noise Use

SPEAKER_06 7:08

Is there anyone else that would like to give testimony either for or against? Um if you want to did you swear in or no, I didn't. All right, do you saw him if you want to come up? You saw me swear that the testimony you're about to give is the truth, the whole truth, and nothing. But the truth is could you state your name?

SPEAKER_00 7:30

Yes, uh Katie Sorensen. I live diagonal from you next to the Donnelly's. I was just curious what you're using the garage for, because I know that you have an exhaust um company. Right. I just your exhaust is already loud in your cars. I was just curious what you're using the garage for.

SPEAKER_02 7:47

We do want to master the way.

SPEAKER_00 7:49

Yeah, I just wanted to make sure that wasn't anything more. Working on cars too. Okay, no, that's fine. It's just loud. It's exhaustive loud. I'm just making sure. Thank you.

Deliberation And Approval For Garage

SPEAKER_06 8:05

Anyone else? Okay, so uh declared the uh public hearing is closed in the executive session. I'll make remain while we deliberate, but that may speak.

SPEAKER_05 8:29

I looked up the plans um and um I don't have issues with uh the proposal that's fine.

SPEAKER_06 8:42

So can I be that playing with it? Yeah, they like I say they have to work together on the MSN, but there's a field shows.

SPEAKER_04 8:53

No, the I mean the biggest thing too is just the we can have Bob just look in the ship.

SPEAKER_02 8:59

When he goes to look at that, he can just see what's behind the shares. Okay, so make a motion to approve the hearing. Sorry. Okay, I'd like behind my thank you very much.

Petition 1065 Read And Introduced

SPEAKER_06 9:23

Okay, so I'm gonna reopen the meeting at 709. Um so yeah, it's been approved uh when you go to the building inspector. He he can look at the sheds and stuff. Um oh yeah, that's right. Should I read that? Yeah. Um the decision and uh has been made uh and uh anyone having objections to the decision may file an appeal to the Supreme Court, and that appeal shall be filed with the town clerk within 20 days of the filing of the board's decision with the town clerk.

SPEAKER_04 10:06

So tomorrow so it will happen, Maureen will make the decision, you'll you'll uh you will be filing. So you'll get a copy. Correct. Yep, yep. And then you have a twenty-day appeal period.

SPEAKER_06 10:32

Does she have your email and all that? Okay, great. All right, thank you.

SPEAKER_04 10:50

The Randham Board of Appeals will hold a public hearing on Wednesday, January. Yeah.

SPEAKER_06 10:57

I have uh Randhim Board of Appeals you have to have it uh write the uh butter's signatures and all that. Yeah. Yep. Keep forgetting that.

SPEAKER_04 11:13

The Rainham Board of Appeals will hold a public hearing on Wednesday, January 14, 2026 at 7 p.m. The Rainham Veterans Memorial Town Hall, 558 South Main Street. To consider petition number 1065, Timothy Carney, Southeastern Mass, in Lawnville Homes, Inc., New Bedford, Mass. Request for variance from Rainham Zoning By Law Section 350-6.13-5, estate lots to allow allow an estate lot subject to the issuance by the Rainham Planning Board of the required special permit without having fronted entirely on a public way, as required by section 350-6.13-5. Locust property Zero Spruce, FKA Austin Court in West Pine Estates, FKA Laylor Estates. Assessor map 13, M55B, Rainham S. Copy of the plan and application may be viewed in full at the Board of Appeals office or the town clerk's office, Rainham Town Hall during usual business hours, Rainham Board of Appeals, Calvarana. And then we did have the buttage list, and it was signed off by Jennifer Oldbanks, uh Banks Oldfield, uh Board of Necessities.

SPEAKER_06 12:36

Uh all who intend to give testimony, please rise. I do.

Wetlands, Frontage, And Plan Details

SPEAKER_01 12:49

Thank you. Yes, uh Lee Castigneti, uh representing the uh the applicant, uh Long Built Homes as the uh contract purchaser of the uh of the property. Um I have a couple of uh cite them so modified your plan that was given to the application that just a little bit more detail regarding uh confirmation that it meets uh all the requirements, um including the uh requirement relating to uh the upland that they he had taken that layer off the plan um uh it just uh you know inadvertently, it was just one of those things, and uh I know I know we wanted to show you the plan that uh indicated that it conformed with all of the requirements uh of foreign estate lot set forth near bylaws. So the the uh when when the subdivision was approved, um it was approved with uh these uh two estate lots at the end of the cul-de-sac on uh Spruce Street, and it was done with the intention of uh the owners at the time, the Carney brothers, uh retaining title to those lots when they sold the subdivision to initially it was intended to the former developer, and then we ended up uh uh jumping into his shoes, and then we ended up purchasing the 27 lots in the subdivision. Um and then subsequently uh Tim Kearney uh had approached us and asked us if we'd be interested in purchasing the lot. Um we uh which we are now uh you know under contract, it's it's a uh purchase and sale agreement to purchase the lot. And um we're presenting this with the uh our feeling uh that it's in the best interest of the town uh to have us build the house on this lot while the subdivision is being developed, rather than to wait, have the top coat and everything else, the all the curbs and everything else put on the proper put on the streets, and then subsequently have heavy equipment and construction vehicles and everything else potentially damaging the streets, um, you know, but it all could have been done beforehand. In addition, uh you have over 700 you have 700 roughly 700,000 uh over 130 percent of the cost to complete uh Spruce Street um in a sh is as a cash surety. So your the town is well secured in that the road will be completed uh by it according to town standards and and ultimately accepted as a public way.

SPEAKER_04 15:39

Any questions on the side? Um no, I mean at the end of the day, whether the road, whether the lot's done now, today, or once it's an established road, you guys are responsible for keeping the condition of the road anyway. Correct. Correct. That's kind of a point anyway.

SPEAKER_01 15:54

But it was just but they could sell it to somebody else, and somebody else would go in there and you know be responsible for it, but not be responsible. Yeah, and and and act, yeah, you know.

SPEAKER_04 16:05

It's in your best interest too.

SPEAKER_01 16:06

Yeah.

SPEAKER_05 16:07

Um, I re I reviewed the plans. Uh seems like everything conforms, so I don't have any questions.

SPEAKER_06 16:18

Um my only question is the envelope, is that gonna be on uh it says 38,000 square feet of upland, but it looks like there's a wetland line? Like kind of right.

SPEAKER_01 16:28

The envelope the envelope is a shape, it's a shape factor envelope. The house doesn't have to be located in that within that right square.

SPEAKER_06 16:35

Right, but I'm just concerned is um is the it looks like there's a wetland line that goes kind of wetland.

SPEAKER_01 16:44

Two separate wetland lines, yeah. And it there's yes, there's ample space in in between that for the for the house to be located.

SPEAKER_06 16:53

Okay. And um well, you'll have to go through conservation and yeah, yeah.

Deliberation And Conditional Approval

SPEAKER_01 17:00

Well, it's actually it's a non-jurisdictional wetland. It's an ice, it's an isolated land subject to flooding. Okay, so it's not actually a jurisdictional wetland. As the engineer, you it's in a faint, it's in a gray line, yeah. But you see isolated vegetated wetland non-jurisdictional. Okay, and and we have gotten as part of the the approval, it was confirmed with uh the conservation commission that that was non-jurisdictional.

SPEAKER_06 17:23

All right, yeah. No, that was I just saw the wetland line. I was that was my yeah, so and it's fifty feet wide and fifty feet frontage. Yeah, right.

SPEAKER_03 17:32

Okay, the rating says 60 feet.

SPEAKER_06 17:36

Yeah.

SPEAKER_04 17:37

Okay. Not that it matters for what we're hearing tonight. I would just verify because you need to maintain the 50 feet throughout that. If those just you know, I would verify that those property lines are parallel just because you're already at the 50.1, which is tight, right. Um, that existing property then, not lot 14, just to make sure that you still have the 50 feet at that end. Yeah, I would just you know show that measurement.

SPEAKER_01 18:05

Yeah, makes sense. I'm pretty confident that it is. Yeah. Uh Evan Watson, who who did the plan.

SPEAKER_04 18:12

Just it looks looking at it on the plan, it looks like it may have a slight architect. It may just play down a little bit. Yeah, that's and that's the only thing that you just want to make sure of because then that's going to be a modification for the property lines or another variant.

SPEAKER_01 18:27

Yeah, you have to um before you get it for lot 14's not sold yet, so if we had to be a modify that law line with an A in our plan, yeah, we could. The only thing I I appreciate that.

SPEAKER_04 18:39

Um I and I don't have really any other questions for you. Okay.

SPEAKER_07 18:48

All right.

Petition 1066 Opened And Continued

SPEAKER_06 18:50

You have any nothing else? No. Okay. So um I'm gonna declare the meeting closed at 719. All may remain. Uh the board deliberates, but none may speak.

unknown 19:04

Okay.

SPEAKER_06 19:05

Yeah.

SPEAKER_03 19:06

I mean at the end of the day, it's them doing a lot now is a sentence for everybody. Um, unfortunate they couldn't have the snap.

SPEAKER_04 19:15

The biggest thing was that lot being um before the roads are taken over. That lot needs to be fit, you know, we're gonna have something that's just saying that lot needs to be completed prior to the time accepting the roads and everything's that would be my own stipulation.

SPEAKER_06 19:35

But I would that go from us or would that come from a planning board?

SPEAKER_04 19:39

We're allowing the road, we're allowing the law not on a public way.

SPEAKER_07 19:44

Yes.

SPEAKER_04 19:45

So then it's gonna be becoming a public way.

SPEAKER_07 19:48

Right.

SPEAKER_04 19:48

Obviously it still needs to go through the planning board. I think we still make some kind of stipulation that you know just if something is to happen just you know

SPEAKER_05 20:02

I um don't have a problem with it as proposed. Um, you know, if um to include Rubb's um uh comments in the motion.

SPEAKER_03 20:11

Okay.

SPEAKER_05 20:12

Yeah.

SPEAKER_03 20:12

All all of his all my comments are you know obviously they're doing the whole road, but we don't want the road to be accepted prior to these lots being finished.

SPEAKER_04 20:22

I guess that's the biggest thing. Okay. So because it's not because we're approving it on a non-public way, which is gonna turn into a public way once the subdivision is done.

SPEAKER_07 20:31

Right.

SPEAKER_04 20:32

But who's to say these lots, you know, nobody knows what lots will sell first to how they're gonna sell them.

SPEAKER_06 20:37

Right.

SPEAKER_04 20:38

So that would be the only thing.

SPEAKER_06 20:39

You want to make the motion with that stipulation.

SPEAKER_04 20:41

Yeah. So I make a motion to approve the said variants with the stipulation that the uh lots need to be completed prior to the all lots be all completed prior to acceptance of the vote.

SPEAKER_05 20:56

Correct, including this retreat law. Okay, and I second that.

Approving Prior Meeting Minutes And Close

SPEAKER_06 21:01

All in favor? Aye. Unanimous decision. All right, we'll call the meeting back into order at 721. Um the motion was approved and the decision will be filed. Um anyone having objections to the decision may file an appeal to the Superior Court, and that appeal shall be filed with the town clerk within 20 days of the filing of the board's decision with the town clerk. So um we'll probably see you back here soon. Yeah. Uh we've got to figure out a date. Yeah, we have to do that. So the I was to say we have to open it all.

SPEAKER_02 21:44

Yeah, okay. Yeah, open it and open it, and then and then you've got a date. Okay. Okay.

SPEAKER_04 21:50

Rainham Board of Appeals will hold a public hearing on Wednesday, January 14, 2026, at 7 p.m. at Rainham Veterans Memorial Town Hall, 558 South Main Street to consider petition number 1066. Thomas P. Carney, trustee, brothers realty trust, southeastern mass. Request for a variance for the Rainham Zoning By Law Section 350-6.13-5. Estate lots to an to allow an estate lot subject to the issuance of the Rainham Planning Board of the required special permit without having frontage entirely on a public way as required by section 350-6.13-5, locust property zero Spruce Street, FKA Austin Court in West Pines Estates, FKA Layler Estates. Copy of the plan and application may be viewed in full at the Board of Appeals office or town clerk's office, Rainham Town Hall, during usual business hours.

SPEAKER_06 23:02

Okay. So we're gonna we'll open the meeting, but it is gonna be continued due to a clerical error proposing on the Gazette. Um not a clerical error on iPhone on the Gazette as um, so we're gonna figure out a date.

SPEAKER_04 23:23

Um Maureen, do we have anything?

SPEAKER_06 23:27

Um we get the three weeks from today would be one, two, three, like February fourth.

SPEAKER_04 23:59

Yeah, I can do that one.

SPEAKER_06 24:01

Yeah, I I look like I I think I look clear for the eleven.

SPEAKER_04 24:12

So make a motion make a motion to continue said hearing to February eleventh, twenty twenty-six. So we can't see you. Thanks.

SPEAKER_06 24:42

All right, so now we need to uh approve some minutes. Approve some minutes. Oh yeah.

SPEAKER_04 24:51

Yeah, I'll make uh four or two sets. So you only have two on this? I have two on this agenda.

SPEAKER_07 25:02

There's two dates. There's two petitions on each year.

SPEAKER_04 25:05

Oh, okay, yeah, sorry. So I'll make a motion to approve uh meeting minutes from November 20, November 19th, 2025 meeting, petition number 1060 and petition 1061. Um and also the December 17th meeting, petition one zero six two and petition one zero six three.

SPEAKER_05 25:28

No. Can I second that if I was not present or um I believe we can.

SPEAKER_06 25:36

Yeah.

unknown 25:41

No, you have to.

SPEAKER_06 25:47

Well, I've we've I think it's not it and a half. Okay.

SPEAKER_05 25:51

You can second it, but then abstain from the voting.

SPEAKER_06 25:54

Right.

SPEAKER_05 25:55

Sounds good. Sounds like a plan.

SPEAKER_06 25:56

Okay, sounds good.

SPEAKER_05 25:57

All in favor? Aye. Aye. Aye. Two. But you voted for two. Two of the things. You abstaining and one abstain? One abstain, yes. I I wasn't here. I wasn't here for that meeting. So I need to sign those, right?

unknown 26:12

Yeah.

SPEAKER_06 26:13

And do I need to sign all these things?

unknown 26:15

Yes.

SPEAKER_06 26:18

I didn't bring a pen tonight.

unknown 26:22

Thank you.

SPEAKER_06 26:26

Uh I think we can make a motion to draw.

SPEAKER_04 26:30

Unless you want to stay here? No, I'm good. Second. Okay, I'll make a motion to close the meeting.

SPEAKER_05 26:36

Second. All in favor?

SPEAKER_04 26:38

Aye. Meeting is closed at seven twenty-six.