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SPECIAL TOWN MEETING
THURSDAY,
NOVEMBER 14, 2002 WALTER S. LITTLE AUDITORIUM
BRIDGEWATER-RAYNHAM REGIONAL HIGH SCHOOL
MOUNT
PROSPECT STREET
The
Town Moderator called the meeting to order at 7:30 p.m. All postings of
warrants was duly noted as required by Town By-Laws. Town Clerk, Ronald
Adams swore the following individuals in as tellers : Marjorie Elliott,
Joseph M. Gillis, Jr., Frank Gorga and Gregory Lee. Total in attendance:
115
ARTICLE 1.
To see whether or not the Town will vote to amend the Zoning
Bylaws under Section 9.25 (h): Adult Retirement Villages (ARV) as follows:
#ii Change square
footage from 1200 square feet of living space, to 2000 square feet; Change
square footage of garage from 350 sq. ft. to 576 sq. ft.
#iii Change
ceiling height for basement from six (6’ 3”) feet to eight (8’) feet
Add: #viii 80% of the minimum land area required in ARV
shall be contiguous uplands, if sufficient
open space has been provided.
Add
the following after the third sentence in the last paragraph: “The
community building shall be constructed when 45 units have been
completed.”
This article requires
2/3 vote: Yes: 54 No: 40
Defeated
ARTICLE 2.
To see whether or not the Town will vote to amend the Zoning
Map of the Town of Bridgewater by designating, including, and
incorporating in said Zoning Map as Business B that land situated Easterly
of Mill Street, shown and designated as Lot B containing 2.22 acres more
or less on a Plan entitled “Plan To Accompany A Request for A Zoning
Change, Bridgewater, Massachusetts”, owned by Allen MacDonald, dated
September 10, 2002 , Michael Koska & Associates Civil Engineers & Land
Surveyors to be filed with the Registry of Deeds being a portion of the
land described in deed of James V. Carvalho and Guy R. Thompson, Trustees
to Allen MacDonald, dated March 23, 1989, recorded with the Plymouth
County Registry of Deeds in Book 9048 at Page 215 and such parcel be
rezoned Business B, or to take any other action relative thereto.
(See attached “Exhibit A”)
This article requires 2/3 vote: Yes:
16 No: 84 Defeated
ARTICLE 3.
It was unanimously voted that Town accept the gift of Park
Design Recommendations and site-specific Management Plans as filed and
submitted with the Conservation Commission prior hereto, and as may be
amended from time to time, (hereinafter “Recommendations and Plans”) from
The Natural Resources Trust of Bridgewater, Inc., and that the Town vote
to express support for the recommendations made which include: (1) to
adopt and implement the Recommendations and Plans as the foundation and
starting point for developing a responsible and accountable conservation
parkland system; (2) for the Town to seek to use said plans as a model to
insure appropriate and responsible stewardship, management and oversight
of all town-owned conservation parkland; and (3) for the Town to seek to
adopt the regulations necessary to meet the twin aims of this conservation
park system concept, which are (1) to preserve the natural, cultural, and
historical value for which the town-owned conservation parklands were
first acquired and (2) to insure the continued public use of said areas.
Unanimous
ARTICLE 4.
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 town 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.
This
Article was ruled out of order by Town Counsel
ARTICLE 5.
To see whether or not the Town will amend Article XXVIII,
Historic Commission and Historic District Section 2. The District
Commission: by striking therefrom “(a) at least one town resident of or
owner of property in the District;” and inserting therefore as follows:
“at least one resident of the Historic District or an owner or a manger of
a business or a property in the Historic District, or to take any other
action relative thereto.
This Article was ruled out of order by
Town Counsel
ARTICLE 6.
It was unanimously voted that the Town amend the By-Law
entitled “Illicit Discharge By-Law” adopted at the May 6, 2002 Annual Town
Meeting in the following manner:
1.
Add the following
at the end of Section 1. Preamble: “The Board of Selectmen is delegated
hereby the responsibility and authority to administer this By-Law. The
Board of Selectmen may re-delegate such aspects of By-Law enforcement and
administration to the Highway Superintendent and such of his subordinates
as the Board of Selectmen may from time-to-time determine and designate in
writing.”
2.
Add the following
definition to Section III. Definitions: “BOARD: The Board of Selectmen,
and, to the extent delegated and designated, shall include the Highway
Superintendent and his subordinates.”
3.
In line two of
the definition of Illicit Connection substitute the word “illicit” for the
word “illegal”.
4.
In Section III
Definitions delete the definition of REGULATORY AUTHORITY.
5.
In Section V.
Penalties for Violations, sub-section (a) delete the words “up to” prior
to $100.00, put a period after $100.00, and delete the remainder of the
sentence.
6.
In Section V.
Penalties for Violations sub-section (b) delete the words “up to” prior to
$100.00 in the second line, put a period after the phrase “after Notice
thereof is given by or at the direction of the Board of Selectmen” in the
third and fourth lines, and delete the remainder of that sentence.
7.
In Section V.
Penalties for Violations sub-section (c) in the first line substitute the
word “Direct” for the word “Illicit”, delete the words “up to” prior to
$100.00 in the third line, put a period after the phrase “after the
deadline set for abatement by the Board of Selectmen” in the fourth and
fifth lines, and delete the remainder of that sentence.
8.
In Section VII.
Appeals add the following new paragraph at the beginning of this section:
“Any person or Owner aggrieved by an action of the Board which was not
either: (i) the assessment of penalty for Dumping for which the provisions
of MGL c. 40 s. 21D apply, or (ii) an action taken by the Board at a
meeting of which the aggrieved person or Owner was given notice and was
afforded the opportunity to present evidence and argument with a view to
causing the Board to modify its earlier action (such action being a “final
action”), then, with respect to all other actions of the Board, within
thirty days of such Board action, the aggrieved person or Owner shall
request a hearing before the Board at which they shall be afforded the
opportunity to present evidence and argument concerning final action by
the Board. The Board shall hold such hearing within a reasonable time
following its request and within a reasonable time thereafter shall either
confirm the Board’s previous action or order such other final action as it
may determine.”
9.
Add the following
sentence to Section IX Effective Date: “These amendments shall take
effect upon approval by the Office of the Attorney General.”
Unanimous
ARTICLE 7. It was
unanimously voted that the Town endorse the proposed Master Plan made by
the Master Plan Study Committee pursuant to Article 6 of the November 8,
1999 Fall Town Meeting.
Unanimous
ARTICLE 8. To see whether
or not the Town will vote to authorize the Board of Selectmen to dispose
of Town owned land described as follows pursuant to the provisions of
Massachusetts General Laws; said land consisting of approximately 23.64
acres and described as lots 49, 50, and 51 on Map 83, and lots 1, 3, 4, 5,
and 10 on Map 96; or to take any other action relative thereto.
It was unanimously voted to withdraw this article.
ARTICLE 9. It was
unanimously voted that the Town amend Article 5, of the November 13, 2001
Fall Town Meeting by deleting the amount $500.00 a given tax year and
inserting in its place $750.00 per residence in any given tax year.
Unanimous
ARTICLE 10. It was unanimously voted
that the Town transfer the sum of $95,513.87 from the salary accounts
affected, to a separate sick time buyback account for the purpose of sick
time buyback reimbursement to employees availing themselves of the Early
Retirement Incentive, as per the various employment contracts, as follows:
From Salary To Sick Time
Department:
Account #: Buyback
Account #: Amount:
Assessors
1-141-101-5113 1-141-171-5192 $
9,907.86
Fire 1-220-101-5114-27
1-220-171-5192 $24,830.40
Police 1-210-101-5114-32
1-210-171-5192 $11,243.10
Accounting 1-135-101-5115
1-135-171-5192 $ 7,557.60
Sewer 27-440-101-5111
27-440-171-5192 $22,106.88
Accounting 1-135-101-5111
1-135-171-5192 $ 9,542.56
Bd.
of Registrars 1-162-101-5116
1-162-171-5192 $ 2,439.88
Forestry 1-297-101-5114
1-297-171-5192 $ 6,416.49
Library 1-610-101-5114-23
1-610-171-5192 $ 1,469.10
Unanimous
ARTICLE 11. It was unanimously voted
that the Town transfer the sum of $2,506.76 from Account #1-122-101-5115,
Clerical Salaries to Account #1-122-171-5192, Sick Time Buy Back Account
for the purpose of sick time buyback reimbursement, per the NAGE Contract.
Unanimous
ARTICLE 12. It was unanimously voted
that the Town transfer the sum of $1,000.00 from Account #1-192-108-5824,
Renovations to Town Buildings to Account #1-192-171-5221, Generator Repair
for the purpose of paying the balance of a prior year bill for the repairs
to the generator at the Academy Building.
Unanimous
ARTICLE 13. It was unanimously voted
that the Town transfer the sum of $33,000.00 from Account
#17-122-704-5961, Court & Registry Fine Account to Account
#1-210-104-5872, New Cruiser Account for the purpose of replacing cruiser
#255.
Unanimous
ARTICLE 14. It was voted that the
Town transfer the sum of $6,860.00 from Account #17-171-708-4320-1,
Conservation Reserve Account, to Account #1-171-101-5116, Salaries to fund
increased hours by the secretary of the Conservation Commission.
Passed
ARTICLE 15.
It was unanimously voted that the Town raise and appropriate and/or
appropriate and transfer the sum of $160,000.00 from Account
#27-254-3590-6, Sewer Receipts Reserve to Account #27-440-108-5837 for
Compost
Upgrade/Odor Control System at the Wastewater Treatment Plant.
Unanimous
ARTICLE 16. It was unanimously voted
that the Town raise and appropriate and/or appropriate and transfer the
sum of $135,000.00 from Account #27-254-3590-6, Sewer Receipts Reserve to
Account #27-440-103-5885 for the Birch Hill Road Sewer Project, or to take
any other action relative thereto. Betterments will be
assessed to all 14 residents at Birch Hill Road and monies put back into
Sewer Reserve Account #27-254-3590-6.
Unanimous
ARTICLE 17. It was unanimously voted
that the Town amend its Vote taken under Article 22 and Article 23 of the
May 6, 2002 Annual Town Meeting, to authorize the appropriation and
transfer the sum of $1,195.30 from Account #17-122-703-5961, Ambulance
Receipts, in the current fiscal year, to Account #1-231-102-5500, Medical
Supplies for prior year bills.
Unanimous
ARTICLE 18.
It was unanimously voted that the Town transfer the sum of $13,000.00 from
Account #16-122-812-4582-5, Small Cities Grant to Account #1-630-171-5865,
Equipment for the purpose of purchasing a lawn mower.
Unanimous
ARTICLE 19. It was unanimously voted
that the Town accept monetary gifts and establish a Trust Fund in memory
of Michael P. Moran to be administered by the Board of Trustees of the
Bridgewater Public Library, and that interest from said
Trust fund be utilized for general purposes of the Library.
Unanimous
A
motion was made to adjourn and duly seconded.
Meeting Adjourned 10:35 p.m.
A
True Copy Attest:
_________________________
Ronald R. Adams
Town Clerk
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