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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