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Minutes


ANNUAL TOWN MEETING
WALTER S. LITTLE AUDITORIUM
BRIDGEWATER-RAYNHAM REGIONAL HIGH SCHOOL
166 MT. PROSPECT STREET, BRIDGEWATER, MA 02324

MONDAY, MAY 6, 2002
AT 7:30 P.M.

The Moderator called the meeting to order at 7:30 p.m. All postings of warrants was duly noted as required by town by-laws as voted. The Town Clerk swore in counters, Marjorie K. Elliott, Joseph Gillis, Jr. and F. Scott Longo. Total in attendance: 250

ARTICLE 1.

It was unanimously voted to choose the following minor Town Officers for the ensuing year:

SURVEYOR OF WOOD & LUMBER

Herbert Lemon

FENCE VIEWER

Richard Soucie

SWORN WEIGHERS

Bridgewater-Raynham Sand & Stone
1. Joseph A. Arruda 4. Jodi A. Kirker
2. Traci E. Arruda 5. Nancy Ziomek
3. Daniel G. Kirker
Bridgewater Recycling
1. Joe Alves  5. Andrew Lloyd
2. Robert Coffey 6. David Wagman
3. Allen DuFour 7. Ronald Wagman
4. James Dumas
John Chuckran Corp.
1. Susan Bunker 2. Paul G. Chuckran
Wood’s Auto Parts
1. Timothy Castelluzzi 3. Allen Wood
2. Karl Irving 4. Claire Wood

Unanimous

ARTICLE 2.

It was voted to hear and act upon the Jury List, Report Of Selectmen,Town Accountant, School Committee, Advisory Committee,  Treasurer and other Officers and Boards as required by Vote or Bylaw, or as considered expedient to report, and such other matters as the Law or Bylaws require, or the Selectmen consider expedient.

Passed

ARTICLE 3.

 It was unanimously voted to hear and act upon the Report of any Committees appointed by the Town and to continue such Committees as the Town deems appropriate.

Master Plan Study Committee report as read by Herbert Lemon, to be continued until the next Annual Town Meeting.

Interim Town Parks Committee report as read by Frank Bibbins, to be continued until the next Annual Town Meeting.

Capital Planning Committee report as read by Gerald Chipman, to be continued until the next Annual Town Meeting.

Olde Scotland Links Golf Commission report accepted as shown in the Annual Town Report, to be continued until the next Annual Town Meeting.

Unanimous

ARTICLE 4.

It was unanimously voted that the Town authorize the Treasurer/Collector, with the approval of the Board of Selectmen, to enter into a compensating balancing agreement or agreements for the fiscal year July 1, 2002 through June 30, 2003, pursuant to MGL C. 44, Sec. 53F, amended by Chapter 740 of the Acts of 1985.

Unanimous

ARTICLE 5.

It was unanimously voted that the Town authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow money in anticipation of the revenue of the financial year beginning July 1, 2002, in accordance with the provisions of General Laws, Chapter 44, Section 4, and to issue a Note or Notes therefore, payable within one (1) year, and to renew any Note or Notes as may be given for a period of one (1) year, in accordance with General Laws, Chapter 44, Section 17.

Unanimous

ARTICLE 6.

It was unanimously voted that the Town authorize the Board of Selectmen to apply for, receive and expend grants on behalf of the Town of Bridgewater.

Unanimous

ARTICLE 7.

It was unanimously voted that the Town pursuant to MGL Chapter 44, Section 53E ½ to re-authorize all revolving funds in the Town of Bridgewater.

Unanimous

ARTICLE 8.

It was unanimously voted that the Town appropriate from time to time monies for resurfacing, improving, constructing and/or reconstruction of Bridgewater streets pursuant to applicable chapter and sections of the Acts of the Legislature, as approved by the Selectmen and the Massachusetts Department of Public Works and to meet said appropriation the Town authorize the Town Treasurer to borrow a sum of money, which amount shall not exceed funds available or to become available to the Town of Bridgewater under any and all state aid construction funds to be used and expended under the direction of the Highway Department with the approval of the Board of Selectmen for the resurfacing, improvement, construction and/or reconstruction of the Bridgewater streets, and to deposit any funds received under State Aid Construction in a separate account to be used to retire the indebtedness for said use; and, in addition thereto, the Town vote to authorize the Town Treasurer to any interest on temporary borrowing.

Unanimous

ARTICLE 9.

It was unanimously voted that the Town amend the By-Laws of the Town of Bridgewater by adding thereto Section 16 as follows:

SECTION 16 ILLICIT DISCHARGE BY-LAW

I. PREAMBLE

In partial fulfillment of the obligations of the Town under the Clean Water Act (33 U.S.C. 1251 & seq.) (the "Act") and under the Town's National Pollutant Discharge Elimination System Storm Water Permit, the Town hereby establishes a comprehensive and fair system of regulation of Discharges to the Town's Municipal Separate Storm Sewer System (sometimes referred to herein as the "MS4").

II. PURPOSE

The purpose and intent of this By-Law is to:

a) Protect the waters of the U.S. as defined in the Act and implementing

Regulations from uncontrolled Discharges of Storm Water or Discharges of Contaminated Water which have a negative impact on the receiving waters by changing the physical, biological and chemical composition of the water resulting in an unhealthy environment for aquatic organisms, wildlife and people, and

b. Reduce Discharges of Contaminated Water into the MS4 and resultant discharges from the MS4 into waters of the U.S. and improve surface water quality, and

c. Permit and manage reasonable access to the MS4 to facilitate proper drainage, and

d. Assure that the Town can continue to fairly and responsibly protect the public health, safety and welfare.

III. DEFINITIONS

CONTAMINATED WATER: Water that contains higher levels of Pollutants, including without limitation implied, heavy metals, toxics, oil and grease, solvents, nutrients, viruses and bacteria greater than permitted in waters of the U.S. by the Act and implementing Regulations.

DIRECT CONNECTION: Any discernible, confined and discrete conveyance including but not limited to any pipe, drain, channel, conduit, tunnel, or swale whether above ground or below ground which directs water into the MS4.

DIRECT CONNECTION LICENSE: A license granted by the Town for the continued maintenance by an Owner of a Direct Connection to the MS4.

DISCHARGE: Any non-naturally occurring addition of water or of Storm Water to the MS4.

DUMPING: An act or omission of any person or entity the proximate result of which is the introduction of a Pollutant into the MS4.

EXEMPTED DISCHARGES: Discharges from the following sources unless in any instance such Discharge would result in a substantial and continuing increase in the level of a Pollutant in the waters of the U.S.:

1. water line flushing

2. landscape irrigation

3. diverted stream flows

4. rising ground water

5. pumped ground water

6. discharges from potable water sources

7. foundation drains

8. air conditioning condensation

9. irrigation water

10. springs

11. water from crawl space pumps

12. footing drains

13. lawn watering

14. individual residential car washing

15. flows from riparian habitats and wetlands

16. de-chlorinated swimming pool discharges (e.g. where the Discharge contains less than 1ppm of chlorine.)

17. street wash water

18. rain run-off from roofs

EXISTING SOURCE: Any building, structure, facility or installation from which there is a flow of Storm Water or Exempted Discharge the construction of which building, structure, facility or installation occurred prior to the promulgation of this By-Law.

ILLICIT CONNECTION: Any drain or conveyance, whether on the surface or subsurface, which allows an Illegal Discharge to enter the MS4.

ILLICIT DISCHARGE: Any release into the MS4 of Contaminated Water, any Discharge of Storm Water from a Direct Connection for which a Direct Connection License is not in force and effect, any Discharge which is not an Exempted Discharge, or any Discharge from an Indirect Connection not in compliance with this By-Law.

INDIRECT CONNECTION: The natural drainage of Storm Water over or under the surface of the ground (whether instigated by human endeavor or not) via gravity into the MS4.

MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4: The Storm Water collection system which is made up of open water courses, swales, ditches, culverts, canals, streams, catch basins and pipes through which the storm water flows and the Town Public Ways over which it flows which is owned and operated by the Town for the purpose of collecting or conveying storm water to a discharge point.

NEW SOURCE: Any building, structure, facility or installation from which there is or may be a Discharge of Storm Water the construction of which building, structure, facility or installation commenced after adoption of this By-Law.

NPDES PERMIT: The National Pollution Discharge Elimination System Permit issued by the federal Environmental Protection Agency to the Town.

OWNER: The owner of a parcel of land recorded in the Assessor's Office of the Town.

POLLUTANT: Dredged spoil, solid waste, incinerator residue, filter back-wash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, rock, sand, animal or agricultural waste, oil, grease, gasoline or diesel fuel.

PUBLIC WAYS: Any road (including such appurtenances such as berms, curbs, drains, catch basins, sewers, water mains, sidewalks and paved and unpaved shoulders within the paper lay-out) to which the public has access and that the Town is responsible for maintaining.

REGULATORY AUTHORITY: The Board of Selectmen of the Town of Bridgewater has the authority to exercise the powers granted by this By-Law.

STORM WATER: Rainfall that exceeds the soil’s capacity contemporaneously to absorb it and which, instead, runs across the surface of the ground as run-off.

IV. PROHIBITIONS

a. No person or entity shall do or suffer to be done any Dumping into the MS4, including without limitation implied, the placing or emptying into any catch basin or other portal to the MS4, of any Pollutant.

b. No Owner shall cause an Illicit Discharge to be made to the MS4 whether from a Direct or Indirect Connection.

c. No Direct Connections whether from a New or Existing Source shall be installed after the Effective Date of this By-Law.

d. Direct Connection from an Existing Source shall be allowed to continue after the Effective Date provided that:

(i) Owner must disclose the Direct Connection and must within 30 days of the effective date of this By-Law apply for and thereafter be granted a Direct Connection License, and

(ii) Owner must Discharge only Storm Water which is not Contaminated Water via the Direct Connection.

e. Indirect Connections from Existing Sources shall be allowed

provided that:

(i) only Storm Water which is not Contaminated Water is Discharged or a Discharge constituting an Exempted  Discharge occurs, and

(ii) the Discharge does not cause safety problems due to icing or flooding of the Public Ways or cause damage to the Town's property.

Indirect Connections from New Sources shall be allowed provided that:

(i) sub-surface infiltration trenches are used which comply with criteria established in the Town's Sub-Division Rules and Regulations, and

(ii) Only Storm Water which is not Contaminated Water is discharged or a Discharge constituting an Exempted Discharge occurs.

V. PENALTIES FOR VIOLATIONS

a. Any person or entity which causes or suffers to occur a Dumping, shall be subject to a fine of up to $100.00 for the first offense; a fine of up to $200.00 for the second offense; and a fine of $300.00 for each offense thereafter.

b. Any Owner who causes or suffers to occur an Illicit Discharge to emanate from his property shall be subject to a fine of up to $100.00 per day for each day that the Illicit Discharge continues after Notice thereof is given by or at the direction of the Board of Selectmen for the first offense; a fine of up to $200.00 per day for each day that the Illicit Discharge continues after Notice thereof is given by or at the direction of the Board of Selectmen for the second offense; and, a fine of up to $300.00 per day for each day that the Illicit Discharge continues after Notice thereof is given by or at the direction of the Board of Selectmen for the third and each subsequent offense thereafter.

c. Any Owner who allows an Illicit Connection to be maintained on his property (whether or not it results in an Illicit Discharge) without applying for and receiving a Direct Connection License from the Town shall be subject to a fine of up to $100.00 per day for each day that the Illicit Connection continues after the deadline set for abatement by the Board of Selectmen for the first offense; a fine of up to $200.00 per day for each day that the Illicit Connection continues after the deadline set for abatement by the Board of Selectmen for the second offense; and, a fine of up to $300.00 per day for each day that the Illicit Connection continues after the deadline set for abatement by the Board of Selectmen for the third and each subsequent offense thereafter.

In the alternative, to criminal prosecution, the Board of Selectmen may elect to utilize the non-criminal disposition procedure set forth in MGL, c.40, sec. 21D.

The penalties set out herein may be assessed by the Board of Selectmen and are in addition to and not in substitution for any remedial action the Board of Selectmen may order under the ENFORCEMENT section of this By-Law.

VI. ENFORCEMENT

a. If an Illicit Discharge or a Dumping occurs, the Board of Selectmen shall give or cause to be given written notice directed to the Owner of the parcel from which the Illicit Discharge is emanating and or to any person or entity responsible for a Dumping, ordering an immediate cessation of any act or condition in violation of this By-Law. The Board of Selectmen may then or there-after assess a penalty in accordance with this By-Law.

b. The Board of Selectmen either with such notice or at any reasonable time thereafter may order the Owner or any such person or entity to begin and thereafter diligently prosecute to completion, such remediation efforts as the Selectmen in their reasonable discretion may deem appropriate. In such notice, the Selectmen shall also advise the Owner or such other person or entity of the opportunity to request a hearing before the Board of Selectmen and of the opportunity at the hearing to present evidence to refute such alleged violation or to dispute the reasonableness of any penalty assessed or the reasonableness of the exercise of discretion by the Board in ordering remediation.

c. If the Board of Selectmen determines that the Illicit Discharge resulted from a Direct Connection to the MS4, the Board shall revoke the Owner's Direct Connection License forthwith. After Owner has fully completed all remediation ordered by the Board, Owner may hereafter apply to the Board on the form and utilizing the procedures from time to time prescribed by the Board, for a new Direct Connection License which the Board shall consider in the same manner as any other new application.

VII. APPEALS

A person or Owner aggrieved by a Decision of the Board of Selectmen under this By-law may appeal such decision to the appropriate court of competent jurisdiction.

VIII. SEVERABILITY

If any clause, section, or other part of this By-Law shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this By-Law shall not be affected thereby but shall remain in full force and effect.

IX. EFFECTIVE DATE

This By-Law shall take effect 180 days following its adoption by Town Meeting.

Unanimous

ARTICLE 10.

It was unanimously voted that the Town add a new article under the Town of Bridgewater General By-laws as follows:

ARTICLE XXXXI - Street Acceptance:

Section 1. Purpose:

The purpose of this bylaw is to establish a process in which parties of interest requesting street acceptance shall adhere to when placing a request before Town Meeting for a street to be formally accepted by the Town for future maintenance and ownership.

Section 2. General Provisions:

All Street Acceptance Articles shall be acted upon at the Annual Spring Town Meeting session on the first Monday in May.

Requests and/or Petitions for Articles must be received by January 1st of the same year for consideration at the upcoming Annual Town Meeting. Requests and/or Petitions shall be submitted to the Planning Board with the mandatory submission requirements as outlined in Section 3. – (Submission Requirements)

Section 3. Submission Requirements:

A. For recently completed roads (less than two years from submission of As-Built Approval). The Developer/applicant shall submit a written request for street acceptance with the following enclosures to the Planning Board:

A written legal description of the proposed roadway sufficient for filing at the Registry of Deeds and/or Land Court.

A layout plan showing sufficient metes and bounds of the proposed layout.

A copy of the As-Built drainage plan and storm water management plan in accordance with Section V-3 "Drainage As-Built Certification" of the Subdivision Rules and Regulations.

An electronic copy of the surveyed subdivision plan.

An "Acceptance Guarantee" in the amount of described in the original decision. Upon acceptance by Town Meeting, the guarantee will be returned with interest once the applicant/developer has provided proof of recording the layout plan at the Registry of Deeds.

B. For ways in existence other than described under subsection A, request for street acceptance must adhere to the following and be submitted to the Planning Board:

A written petition signed and submitted from the majority of property owners on the street supporting a petition of street acceptance to Town Meeting.

A written narrative providing information as to:

The year (or estimated year) the roadway was constructed

A copy of a definitive plan or layout plan (if available)

A general description as to the condition of the roadway

Section 4. Reviews and Recommendation Process:

Roadways with incomplete on-site work remaining shall not be eligible for processing after January 1st. Administrative documentation (see section 3 Submission Requirements) as part of the acceptance request may be still submitted up until February 14th for inclusion in the final request submission.

Completed requests/petitions and roadways with completed work as approved, accompanied by all the required documentation submitted to the Planning Board per Section 3, shall be then be distributed to the following departments within fourteen (14) days of a completed application but no later than February 15th for review and recommendation:

Highway Department Community Development

Water Department Transportation Management

Sewer Department (if connected to Town sewer)

The above departments shall make a written recommendation to the Planning Board, within thirty - (30) days of transmittal to their department. The recommendation shall be either in favor of an article for submission to the warrant or for disapproval of submission of the article.

If recommended for approval, the Planning Board shall submit the article to the Board of Selectmen for inclusion on the warrant for the Annual Town Meeting.

In the case of disapproval for submission of a roadway defined under Section 3A, said department recommendation shall include the reasons for disapproval along with an itemized list of remedies that must be completed by the developer to place the road in proper standing for a future annual petition. Upon receipt of such recommendation, the Planning Board shall send by certified mail, to the developer of record, a letter stating the submission disapproval with the department recommendations attached to comply with in a future annual petition.

Section 5. Town Meeting Approval:

For roadways defined under Section 3B, if determined by the Highway Superintendent that work is needed to bring the roadway to a level of acceptance then the Highway Superintendent will submit to the Planning Board and Board of Selectmen an estimate of the cost of work and if available funds that can be earmarked for such improvements. Should such funds not be available in any given fiscal year, the street shall be placed upon a list for future scheduled road improvements as funds become available. Property Owners who wish to expedite street acceptance, may make improvements per the Highway Superintendent’s direction, however do so at their own cost with no reimbursement from the Town.

Unanimous

ARTICLE 11.

It was voted that the Town amend the Zoning Bylaws of the Town of Bridgewater under Section 7.20: (Signs) by adding the following:

7.27 No temporary or permanent political sign shall be erected for a period of more than 30 days prior to an election and shall be removed not later than 48 hours from the conclusion of the election.

7.28 No temporary or permanent political sign shall be erected on Town-owned land.

  • Yes: 147
  • No: 44
  • The Moderator declares 2/3 Vote Passed

    ARTICLE 12.

    To see if the Town will vote to rezone the following: To rezone from industrial (A) to residential (D) the easterly side of Elm Street from the corner of Pleasant Street, Route 104 beginning at that point and going in a northerly direction for a distance of approximately one mile ending northerly at dwelling unit #539

    and further to include set back requirements as delineated on the present zoning map and in all contiguous zone, or to take any other action relative thereto.

    Motion to Table this article. Moderator declares 2/3voice vote passed. Tabled

    ARTICLE 13.

    To see whether or not the Town will vote to add a new section 9.95 "Planned Unit Development Elm Street Overlay District" to the Protective Zoning Bylaws by inserting new language as follows:

    SECTION 9.95

    PLANNED UNIT DEVELOPMENT

    ELM STREET OVERLAY DISTRICT

    SECTION 9.95(a) Purpose:

    The purpose of this section is to provide a greater flexibility for the managed growth and development of large tracts of land, that provide residential, commercial and business activities on the same parcel of land but in a planned and controlled environment within the Elm Street Corridor. A Planned Unit Development (PUD) proposal shall be reviewed and approved by the Planning Board acting as the Special Permit Granting Authority (SPGA) in accordance with Chapter 40A section 9 and the Bridgewater Zoning Bylaws.

     

    A PUD proposal shall strive to accommodate the following goals and objectives within the Elm Street Corridor:

    Allocate greater flexibility in the development of the Elm Street Corridor to provide a variety of housing types and other mixed uses in harmony with the existing uses.

    To promote the development of affordable housing units with perpetual protection of affordability for future generations, accessibility to retail and commercial uses on site.

    To promote the retail and service uses closely related to the residential sections of the PUD in a manner that is harmonious with the existing uses within the Elm Street Corridor.

    To provide for the improvement of supporting infrastructure and availability of utilities to support existing and proposed uses.

    To promote open space preservation and protection of the communities natural resources.

    9.95(b) Special Permit Granting Authority (SPGA): The Bridgewater Planning Board shall serve as the Special Permitting Granting Authority, for developments within the PUD corridor pursuant to MGL Chap 40A, Section 9 and Bridgewater Zoning Bylaws, Sections 6 & 11, and any rules and regulations which the SPGA shall promulgate from time to time for the purpose of carrying outs it’s requirements under this section.

    The PUD Overlay District comprises the boundaries of the existing Industrial A zone of

    Elm Street, Pleasant Street and Scotland Boulevard as shown on the Town’s most recent Zoning Map prepared by Silva Engineering Associates last revised 5/7/01 (see attachment "A").

    9.95(c) Minimum Administrative Procedures:

    The proposed site must be located within the PUD Zoning Overlay District as approved by Town Meeting.

    A minimum of 5 acres of contiguous land is needed for the proposed site.

    The PUD shall have a minimum of 200’ LF of frontage on an approved way pursuant to MGL Chap.41

    The site under review shall be in single, consolidated ownership and/or under control at the time of application.

    The PUD shall contain a minimum of two (2) of the following uses; residential housing, business, commercial retail or open space.

    Up to 80% of the total Permissible Floor Area may be devoted to multi family residential use. Increased bonus density above the 100% is available at 5% increments for every unit created deemed to meet the affordable housing income standards with a perpetual deed restriction guaranteeing the long-term affordability of such units. In such cases the SPGA may waive the density and dimensional requirements as set forth in the Section 9.95(d). The applicant shall submit in writing a waiver request with justification as to the need for such relief at the time of application.

    9.95(d) Density and Dimensional Requirements:

    The following dimensional requirements shall apply to buildings and structures of a PUD proposal and the lots on which they are located in the PUD Zoning Overlay District.

    Minimum Lot Size 5 acres (contiguous land)

    Minimum Lot Frontage 200 feet

    Front Yard 40 feet *

    *Except for lots located across from or adjacent to residential uses – front yard setbacks shall be 60’

    Side Yard 40 feet *

    *Except for lots located adjacent to residential uses – side yard setbacks shall be 60’

    Rear Yard 40 feet*

    *Except for lots located adjacent to residential uses – rear yard setbacks shall be 60’

    Building Coverage:

    Pursuant to definition 2.40 "Building Coverage" the maximum percentage of building coverage shall be 20%. Note the building coverage must be included as part of the lot coverage.

    Open Space:

    Pursuant to the definition 2.25 "Open Space" the minimum open space shall be 20% of the total land area.

    Lot Coverage:

    Pursuant to the definition 2.27 "Lot Coverage" the maximum lot coverage shall be 80% of the total land area.

    Building Height:

    The maximum height allowable shall not exceed 5 stories

    9.95(e) Process for a Special Permit Application:

    Applicants may submit an application to the Special Permit Granting Authority-Planning Board that shall be in accordance with the application procedures available through the Planning Department and/or the Town Clerk’s office. In addition to the required application form, the applicant must include the following:

    An abutter’s list within 300’ of the property, certified by the Assessors’ department pursuant to the most recent tax list;

    An application fee

    Twelve (12) copies of a site plan with the following information:

    The name of the proposed development, north point, date, scale and legend, zoning (including any overlays),

    The name of the record owner, applicant, architect, Registered Professional Surveyor and Engineer,

    The names of all direct abutters (as determined by the most recent tax list) including abutters across a street of a mutual perimeter line,

    The existing perimeter boundaries of the PUD parcel, all wetlands, a general tree line and computations as to available uplands on the parcel. If a phased development is proposed the entire area must be shown,

    The existing layout lines of all adjoining streets or ways surrounding the PUD, all existing and proposed easements,

    The location and limits of all proposed land uses, including the open space, the number and types of residential units, the density for each housing type, and overall project density,

    The proposed entrance layout connecting to the roadway and/or driveway systems within the PUD proposal, the lots shown adjacent to interior driveway circulation with building areas depicting compliance with setbacks and /or buffers,

    The location of existing and proposed buildings on the lot shall be provided. Additional information also to be provided shall include the total square footage and dimensions of all buildings, elevations and floor plans, perspective architectural renderings depicting colors and materials to be utilized,

    A Screening/Buffering Plan, including a legend of proposed species and descriptions. A written maintenance plan shall also be submitted addressing long term care and replacement of vegetation,

    The location of natural features of the site (wetland and floodplain). Also if determined to be needed, the applicant shall provide information as to soil conditions. The plan shall also show the proposed dedicated open space areas and other common areas (pools, tennis courts or playgrounds),

    Proposed lighting in vicinity of intersecting driveways and any interior driveway system and locations of other site appurtances (i.e.: dumpsters, community postal boxes, maintenance sheds etc),

    Proposed and existing connections and routing of utilities servicing the site including, water, sewer, gas, electric and telephone including any proposed locations of a package treatment facility or shared septic systems. Also any locations of existing or proposed wells on the site,

    Additional supporting documentation may also be required:

    A preliminary traffic report describing the anticipated traffic generation, average daily traffic both existing and proposed to adjoining streets and any proposed mitigation to address potential impacts.

    A Drainage Analysis developed by a Massachusetts Registered Engineer including but not limited to all drainage computations, drainage watershed plan and available results from preliminary test pits.

    If the PUD includes an affordable housing component, the applicant shall provide a written narrative describing the proposed residential uses, the number of units to be

    deemed affordable. This shall be in compliance with the requirements of DHCD and a legal instrument that shall be recorded to keep these units affordable in perpetuity.

    9.95(f) Special Permit Review Process:

    Pursuant to the requirements of Chap. 40A Section 9, the Planning Board as the SPGA shall duly post notice of a public hearing to be held within sixty-five days of receipt of an application. The applicant is responsible for submitting a certified abutter’s list. At the initial public hearing, the applicant shall submit to the Planning Board proof of notification of the abutters.

    The Planning Board, shall be responsible for distribution of eleven (11) of the twelve (12) submitted site plans and supporting materials to the following Town Departments for their review and written comment prior to the initial public hearing:

    Building Department Planning Board

    Community Development Department Police Department

    Conservation Commission Sewer Department

    Fire Department Transportation Department

    Health Department Water Department

    Highway Department

    These departments shall review the special permit plan(s) and report their findings and/or recommendations to the Planning Board for inclusion in proceedings of the public hearing. The Planning Board may if deemed necessary, request a representative to be present at a particular hearing to explain their department’s report. Upon mutual written consent of the applicant and the Planning Board, the public hearing can be continued to a date, time and location certain for purposes of submission of additional information and/ or input from town departments.

    9.95(g) Criteria for Approval:

    The Special Permit Granting Authority shall consider the following factors in addition to the above requirements, but is not limited to such factors, when rendering its decision:

    The relationship of the PUD proposal to the abutting uses in the overlay district and the intent of the bylaw.

    The availability of public infrastructure to support the proposed uses and ensure sufficiency of availability in case of an emergency.

    The architectural character and layout of the proposed structures in relation to the proposed access, parking and other site amenities. This is to ensure the site circulation has ample access in case of an emergency situation and orderly

    circulation for the everyday movement of vehicles and pedestrians of the proposed project.

    The adequacy of screening and buffering by means of landscaping between adjoining and interior uses to provide for an aesthetically pleasing buffer and deterrent to noise from such uses.

    In the case of an affordable residential use, the adequacy of usable open space for playgrounds, amenities and other informal recreation uses by occupants.

    Sufficient proposals for implementing fair housing policies and the perpetual mechanisms for assuring affordable housing units.

    Motion to Table this article. Moderator declares 2/3voice vote passed. Tabled

    ARTICLE 14.

    To see whether or not the Town will vote to amend the Zoning Map of the Town of Bridgewater by adding to the Town of Bridgewater Zoning Map the following:

    Planned Unit Development Elm Street Overlay District as shown on Attachment A following the existing boundaries of the underlying Industrial A zone comprising a portions of Pleasant Street, Scotland Boulevard and in their entirety First and Elm Streets as presently shown on the Town’s zoning map entitled, "Zoning Map, Town of Bridgewater, MA. Prepared by Silva Engineering Associates, P.C. last revision date 5/7/01, Scale 1"-1600’

    Motion to Table this article. Moderator declares 2/3voice vote passed. Tabled

    ARTICLE 15.

    It was unanimously voted that the Town amend the previous vote taken under Article 19 at the Recessed Annual Town Meeting on Tuesday, May 20, 1997 to include the proper MGL Chapter and section as follows: to establish a separate account classified as "Enterprise Fund" for the operation of Olde Scotland Links Golf Course pursuant to the provisions of M.G.L. Chapter 44, Section 53F ½.

    Unanimous

    ARTICLE 16.

    To see whether or not the Town will vote to amend ARTICLE XXVIII, Historic Commission and Historic District Section 2. The District Commission: by striking therefrom "(a) at least one resident of or owner of property in the District;" and inserting therefore as follows: "(a) at least one Town resident member of the Bridgewater Business Association, Inc. from nominee(s) submitted by the Bridgewater Business Association, Inc.;", or to take any other action relative thereto.

    Motion to take no action on this article. Motion passes unanimously.

    ARTICLE 17.

     To see if the Town will vote to adopt the provisions of an Early Retirement Incentive Plan for Bridgewater Town employees within the Plymouth County Retirement System as enacted into law, or to take any other action relative thereto.

    Motion to take no action on this article. Motion passes unanimously.

    ARTICLE 18.

    It was unanimously voted that the Town accept the following street as a public way in the Town of Bridgewater and accept the layout as a public way of Winter Brook Road, or portions thereof, as laid out by the Board of Selectmen and to authorize the Board to take by eminent domain, purchase, otherwise acquire, any fee, easement or other interest in land necessary therefore, no appropriation being required.

    Unanimous

    ARTICLE 19.

    It was voted that the Town amend the Wage & Personnel Board Bylaw as reported by the Wage & Personnel Board at its public hearing as read, including the amendment thereto.

    Unanimous

    ARTICLE 20.

    t was unanimously voted that the Town raise and appropriate and/or appropriate and transfer from available funds a sum of money for salaries of those under the jurisdiction of the Wage & Personnel Board.

    Unanimous

    ARTICLE 21.

    It was voted that the Town raise and appropriate and/or appropriate and transfer from available funds a sum of money for the salaries of elected officials.

    Unanimous

    ARTICLE 22.

    It was unanimously voted that the Town raise and appropriate and vote into a tax to be assessed according to law and/or appropriate and transfer from available funds, and/or appropriate and transfer from funds already appropriated for other purposes and/or borrow pursuant to law or otherwise a sum of money for the operation and current expenses of the Town.

    Unanimous

    ARTICLE 23.

    It was unanimously voted that the Town transfer a sum of money from the Ambulance Reserve Receipt Account, being fees received for the use of the Town owned ambulance and to authorize the transfer and expenditures there from for the purpose of salaries and expenses of the Fire Department Ambulance Service and to pay expenses incidental to the process of billings therefore as incurred; such funds and additions thereto to be retained during the fiscal year 2002-03, and the proceeds or portions thereof applied to reduce the succeeding years fiscal budget upon vote of a Town Meeting except for payment of expenses incidental to billing therefore.

    Unanimous

    ARTICLE 24.

     It was unanimously voted that the Town raise and appropriate from available funds, the sum of $1,500.00 for the stocking of streams and ponds of trout in the Town of Bridgewater.

    Unanimous

    ARTICLE 25.

    To see whether or not the Town will vote to raise and appropriate and/or appropriate and transfer from available funds, the sum of $125.00 for the Trustees for Plymouth County Cooperative Extension, University of Massachusetts for the fiscal year July 1, 2002 through June 30, 2003, or to take any other action relative thereto.

    Motion to take no action on this article. Motion Passes Unanimously.

    ARTICLE 26.

    To see whether or not the Town will vote to raise and appropriate and/or appropriate and transfer from available funds, the sum of $2,500.00 in support of the Womansplace Crisis Center for the fiscal year July 1, 2002 through June 30, 2003, or to take any other action relative thereto.

    Motion to take no action on this article. Motion passes unanimously.

    ARTICLE 27.

    To see whether or not the Town will vote to raise and appropriate and/or appropriate and transfer from available funds, the sum of $15,900.00 for the fiscal year July 1, 2002 through June 30, 2003, for Board of Health Nursing activities and community health services rendered to the residents of Bridgewater, or to take any other action relative thereto.

    Motion to take no action on this article. Motion passes unanimously.

    ARTICLE 28.

    To see whether or not the Town will vote to raise and appropriate and/or appropriate and transfer from available funds, the sum of $6,529.00 for fiscal year July 1, 2002 through June 30, 2003, for Bridgewater’s participation in the Brockton Area Association for Retarded Citizens, Inc. Programs, or to take any other action relative thereto.

    Motion to take no action on this article. Motion passes unanimously.

    ARTICLE 29.

     It was unanimously voted that the Town will appropriate and transfer from Account #17-122-704-5961, Court and Registry Fines Account, the sum of $32,261.00, to Account #1-210-104-5872, New Cruiser Account, for the purpose of replacing one cruiser.

    Unanimous

    ARTICLE 30.

    It was unanimously voted that the Town appropriate and transfer from Account #17-145-711-6, Receipts Reserved, Title V, WPAT Payment, the sum of $10,872.00, to Account #1-754-164-5928, Title V Loan Payment, for purposes of repayment of principal on the Title V, Septic System Betterment Program.

    Unanimous

    ARTICLE 31.

     It was unanimously voted that the Town raise and appropriate and/or appropriate and transfer from available funds a sum of money to the Advisory Committee’s Reserve Fund.

    Unanimous

    ARTICLE 32.

    To see whether or not the Town will vote to raise and appropriate and/or appropriate and transfer a sum of money to be invested in the Stabilization Fund, or to take any other action relative thereto.

    Motion to take no action on this article. Motion passes unanimously.

     

    A motion was made and duly seconded to adjourn.

    Meeting adjourned 10:00 p.m.

     

    A True Copy, Attest

     

     

    _________________________

    Ronald R. Adams

    Town Clerk

     

     

     

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