HomeMy WebLinkAboutMinutes - TM - 11/17/2003 - Fall 2003 Special Town Meeting SPECIAL TOWN MEETING - NOVEMBER 17, 2003
At the Special Town Meeting held on Monday, November 17, 2003 at the Cohasset High School Sullivan Gymnasium
the following articles were contained in the warrant and acted upon as follows.
Checkers sworn in by the Town Clerk, Marion L. Douglas at 6:30 p.m. were Carol St. Pierre, Geraldine Ainslie, Janice
Rosano, Margaret Hernan and Debra Krupczak. Tellers were appointed and sworn in by the Moderator, George L.
Marlette III.
The Moderator called the meeting to order at 7:05 p.m. and a quorum of 100 was present at that time. The registered
voters checked in on the voting list totaled for Precinct 1 —228; and Precinct 2—207 for a total of 435 voters.
Voted unanimously to dispense with the reading of the call of the Meeting and Return of Service having been
examined by the Moderator and found to be in order.
Article 1:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any
applicable statute, a sum or sums of money, to be expended by the Town Manager, to pay for unpaid bills from
previous fiscal years.
VENDOR AMOUNT REQUESTED
Deutsch, Williams, Brooks, DeRensis $73,471.00
TOTAL $73,471.00
Moved that Seventy Three Thousand Four Hundred Seventy One ($73,471.00) Dollars be transferred from Surplus
Revenue, to be expended by the Town Manager, to pay the following unpaid bills from previous fiscal years:
Deutsch, Williams, Brooks, DeRensis $73,471.00
TOTAL $73,471.00
A 9/10 vote is required. Hand Count—Yes 154: No 42. Motion is defeated. (NOTE: Motion to reconsider after
article 6).
Article 2:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any
applicable statute, a sum or sums of money, to be expended by the Town Manager, to balance the Fiscal Year 2004
Town Operating Budget as voted in Article 3 of the March 29, 2003 Annual Town Meeting.
Moved that Two Hundred Thirty Four Thousand Nine Hundred Sixty One ($234,961.00) be transferred from Surplus
Revenue, to be expended by the Town Manager, to balance, through application of additional funding, the Fiscal Year
2004 Town Operating Budget as voted in Article 3 of the March 29, 2003 Annual Town Meeting.
Motion adopted.
Article 3:
To see what additional action the Town will vote to amend, modify, increase or decrease, or otherwise, to balance the
Fiscal Year 2004 Operating Budget as voted in Article 3 of the March 29, 2003 Annual Town Meeting, and to see what
additional sums the Town will vote to raise and appropriate from available funds or otherwise, for the payment of the
salaries and compensation, expenses, equipment and outlays, capital and otherwise, of the several Town
Departments, for the current fiscal year.
Dept Original Revised Increase/
No. Appropriation Account Appropriation Appropriation Decrease
122 Board of Selectmen
General Expenses $ 66,012.00 $ 90,832.00 $ 24,820.00
133 Reserve Fund
Reserve Fund $ 100,000.00 $ 125,000.00 $ 25,000.00
151 Legal Budget
General Expenses $ 120,000.00 $ 170,000.00 $ 50,000.00
300 Cohasset Public Schools
General Expenses $11,177,297.00 $11,218,429.00 $ 41,132.00
301 South Shore VoTech School
Regional Assessment $ 79,280.00 $ 59,238.00 ($ 20,042.00)
422 Department of Public Works
General Expenses $ 508,454.00 $ 558,454.00 $ 50,000.00
510 Board of Health
Personal Expenses $ 87,541.00 $ 102,541.00 $ 15,000.00
610 Library
Personal Services $ 310,549.00 $ 327,827.00 $ 17,278.00
General Expenses $ 75,550.00 $ 78,833.00 $ 3,283.00
Grand Total $12,524,683.00 $12,731,154.00 $ 206,471.00
Moved that the Town vote to amend, modify, increase or decrease, or otherwise, to balance the Fiscal Year 2004
Operating Budget as voted in Article 3 of the March 29, 2003 Annual Town Meeting, by transferring the sum of Two
Hundred Twenty Four Thousand Four Hundred Seventy One ($224,471.00) Dollars from various accounts as follows:
$183,339.00 from Surplus Revenue
$ 14,132.00 from Line Item 911 Pension Budget
$ 12,000.00 from Line Item 914 Health Insurance Budget
$ 10,000.00 from Line Item 426 Building Maintenance
$ 4,000.00 from Line Item 912 Worker's Compensation
$ 1,000.00 from Line Item 916 Medicare Budget
Total $224,471.00
for the additional payment of the salaries and compensation, expenses, equipment and outlays, capital and otherwise,
of the several Town Departments, for the current fiscal year as follows:
2
Dept. Original Revised Increase/
No. Appropriation Account Appropriation Appropriation Decrease
122 Board of Selectmen
General Expenses $ 66,012.00 $ 90,832.00 $ 24,820.00
133 Reserve Fund
Reserve Fund $ 100,000.00 $ 193,000.00 $ 93,000.00
151 Legal Budget
General Expenses $ 120,000.00 $ 170,000.00 $ 50,000.00
300 Cohasset Public Schools
General Expenses $11,177,297.00 $11,218,429.00 $ 41,132.00
301 South Shore VoTech School
Regional Assessment $ 79,280.00 $ 59,238.00 ($ 20,042.00)
510 Board of Health
Personal Expenses $ 87,541.00 $ 102,541.00 $ 15,000.00
610 Library
Personal Services $ 310,549.00 $ 327,827.00 17,278.00
General Expenses $ 75,550.00 $ 78,833.00 $ 3,283.00
Grand Total $12,016,229.00 $12,240,700.00 $224,471.00
Motion adopted.
Article 4:
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, five
parcels of vacant land located on the northerly side of Sohier Street and identified on the Assessors' Map 43, Plots
25, 26, 28, 30, and 31, containing approximately 3 acres, more or less, and three parcels of land located on the
southerly side of Sohier Street, together with, or otherwise combined with the buildings and improvements thereon
and numbered as 230 Sohier Street, shown as Lot 1A, Parcel B and Lot C on a plan entitled "Plan of Land Sohier
Street, Cohasset, MA" dated September 4, 2002 prepared by Perkins Engineering, Inc., and recorded with the Norfolk
County Registry of Deeds a Plan No. 744 of 2002 in Plan Book 503, containing 18.92 acres, more or less; said land to
be used for Senior Housing in accordance with the Town of Cohasset's Senior Multifamily Residence Overlay District
Bylaw and/or conservation purposes; to raise and appropriate, transfer from available funds, and/or borrow a sum or
sums of money, to be expended by the Town Manager, for this purpose, including to pay for any nonrefundable
deposits on the purchase required by the Purchase and Sales Agreement; and further, to authorize the Board of
Selectmen to dispose of all or a portion of the above described property, together with additional property consisting
of the adjacent town property, being 8.715 additional acres, more or less, and identified on Assessors' Map 42, Plot
41, subject to Chapter 30B of the General Laws, by soliciting proposals for the purpose of developing Senior Housing
in accordance with the Town's Senior Multifamily Residence Overlay District Bylaw.
3
Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain, five
parcels of vacant land located on the northerly side of Sohier Street and identified on the Assessors' Map 43,
Plots 25, 26, 28, 30, and 31, containing approximately 3 acres, more or less, and three parcels of land located on
the southerly side of Sohier Street, together with, or otherwise combined with the buildings and improvements
thereon and numbered as 230 Sohier Street, shown as Lot 1A, Parcel B and Lot C on a plan entitled "Plan of
Land Sohier Street, Cohasset, MA" dated September 4, 2002 prepared by Perkins Engineering, Inc., and
recorded with the Norfolk County Registry of Deeds a Plan No. 744 of 2002 in Plan Book 503, containing 18.92
acres, more or less; said land to be used for Senior Housing in accordance with the Town of Cohasset's Senior
Multifamily Residence Overlay District Bylaw and/or conservation purposes; and, further, that the sum of Four
Million Five Hundred Thousand ($4,500,000.00) Dollars be hereby appropriated, to be expended by the Town
Manager for this purpose, and, that to fund this appropriation, the Treasurer, with the approval of the Board of
Selectmen is hereby authorized to borrow Four Million Five Hundred Thousand ($4,500,000.00) Dollars, pursuant
to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and
to issue bonds or notes of the Town therefore, including to pay for any nonrefundable deposits on the purchase
required by the Purchase and Sales Agreement; and further, to authorize the Board of Selectmen to dispose of all
or a portion of the above described property, together with additional property consisting of the adjacent town
property, being 8.715 additional acres, more or less, and identified on Assessors' Map 42, Plot 41, subject to
Chapter 30B of the General Laws, by soliciting proposals for the purpose of developing Senior Housing in
accordance with the Town's Senior Multifamily Residence Overlay District Bylaw.
Amendment offered by Thomas Gruber.
Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain, five
parcels of vacant land located on the northerly side of Sohier Street and identified on the Assessors' Map 43,
Plots 25, 26, 28, 30, and 31, containing approximately 3 acres, more or less, and three parcels of land located on
the southerly side of Sohier Street, together with, or otherwise combined with the buildings and improvements
thereon and numbered as 230 Sohier Street, shown as Lot 1A, Parcel B and Lot C on a plan entitled "Plan of
Land Sohier Street, Cohasset, MA" dated September 4, 2002 prepared by Perkins Engineering, Inc., and
recorded with the Norfolk County Registry of Deeds a Plan No. 744 of 2002 in Plan Book 503, containing 18.92
acres, more or less; said land to be used for Senior Housing in accordance with the Town of Cohasset's Senior
Multifamily Residence Overlay District Bylaw and/or conservation purposes; and, further, that the sum of Four
Million Five Hundred Thousand ($4,500,000.00) Dollars be hereby appropriated, to be expended by the Town
Manager for this purpose, and, that to fund this appropriation, the Treasurer, with the approval of the Board of
Selectmen is hereby authorized to borrow Four Million Five Hundred Thousand ($4,500,000.00) Dollars, pursuant
to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and
to issue bonds or notes of the Town therefore, including to pay for any nonrefundable deposits on the purchase
required by the Purchase and Sales Agreement; and further, to authorize the Board of Selectmen to dispose of all
or a portion of the above described property, together with additional property consisting of the adjacent town
property, being 8.715 additional acres, more or less, and identified on Assessors' Map 42, Plot 41, subject to
Chapter 30B of the General Laws, by soliciting proposals for the purpose of developing Senior Housing in
accordance with the Town's Senior Multifamily Residence Overlay District Bylaw.
Provided, however that the acquisition of property so authorized shall not be completed unless or until the Town
has a buyer for the property satisfactory to the Board of Selectmen at a sum equal or greater that the
appropriation voted herein, plus such sums as will be necessary to reimburse the Town for the costs expend by
the Town.
An additional amendment offered by Wayne Sawchuk.
Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain, five
parcels of vacant land located on the northerly side of Sohier Street and identified on the Assessors' Map 43,
Plots 25, 26, 28, 30, and 31, containing approximately 3 acres, more or less, and three parcels of land located on
the southerly side of Sohier Street, together with, or otherwise combined with the buildings and improvements
thereon and numbered as 230 Sohier Street, shown as Lot 1A, Parcel B and Lot C on a plan entitled "Plan of
Land Sohier Street, Cohasset, MA" dated September 4, 2002 prepared by Perkins Engineering, Inc., and
recorded with the Norfolk County Registry of Deeds a Plan No. 744 of 2002 in Plan Book 503, containing 18.92
acres, more or less; said land to be used for Senior Housing in accordance with the Town of Cohasset's Senior
Multifamily Residence Overlay District Bylaw and/or conservation purposes; and, further, that the sum of Four
Million Five Hundred Thousand ($4,500,000.00) Dollars be hereby appropriated, to be expended by the Town
Manager for this purpose, and, that to fund this appropriation, the Treasurer, with the approval of the Board of
4
Selectmen is hereby authorized to borrow Four Million Five Hundred Thousand ($4,500,000.00) Dollars, pursuant
to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and
to issue bonds or notes of the Town therefore, including to pay for any nonrefundable deposits on the purchase
required by the Purchase and Sales Agreement; and further, to authorize the Board of Selectmen to dispose of all
or a portion of the above described property, together with additional property consisting of the adjacent town
property, being 8.715 additional acres, more or less, and identified on Assessors' Map 42, Plot 41, subject to
Chapter 30B of the General Laws, by soliciting proposals for the purpose of developing Senior Housing in
accordance with the Town's Senior Multifamily Residence Overlay District Bylaw.
Provided, however that the acquisition of property so authorized shall not be completed unless or until the Town
has a buyer for the property satisfactory to the Board of Selectmen at a sum of$5,000,000.00.
Amendment offered by Wayne Sawchuk is defeated.
Amendment offered by Thomas Gruber is adopted.
A 2/3 vote is required. Main motion as amended is adopted by the required 2/3's.
Proclamation offered by Deborah Cook Chairwoman of the Conservation Commission.
WHEREAS, Susan G. Cope has been a member of the Conservation Commission for ten years, and chairman
for one of those years;
WHEREAS, she has worked tirelessly to protect Cohasset's unique beauty, and to preserve natural habitats;
WHEREAS, she helped form and served as Chairman of the Cohasset Open Space Committee, which created
the Town's firs Open space and Recreation Plan;
WHEREAS, she was a valuable leader during the acquisition of Turkey Hill by Hingham and Cohasset, and
currently serves on the Turkey Hill Management Committee;
WHEREAS, she has participated in and written some of the Conservation Commission's most difficult decisions;
NOW, therefore, BE IT RESOLVED, that we, the Conservation Commission of the Town of Cohasset and the
citizens of Cohasset, in Town Meeting assembled o this 17t" day of November, 2003, express their gratitude for
her dedication and wise counsel in keeping Cohasset a beautiful place for all living things.
Proclamation adopted unanimously.
Article 5:
To see if the Town will vote to amend Article VII "Safety and Public Order:" of the General Bylaws by adding a
new section entitled "Underground Utility Conversion" as follows:
Underground Utility Conversion
(a) Any person, firm, corporation, partnership, their agents and employees, who has been granted, or
may be granted, any license, permission, or authority to construct or maintain poles and overhead
wires and associated overhead structures upon, along, under or across any public ways or ways, is
forbidden from installing or constructing, and shall remove immediately any poles, overhead wires
and associated structures which are located on, along or across the following sections of roadway
which are described below.
Roadway From To
South Main Street Depot Court Brook Street
Elm Street South Main Street Brook Street
Brook Street Elm Street South Main Street
Ripley Road #100 Ripley (Post Office) Depot Court
Rear Parking Lot James Way Pleasant Street
Pleasant Street #2 Pleasant (Parfait) Ripley Road
5
(b) Violations and Penalties:
Any person who fails to remove immediately any poles and overhead wires and associated overhead structures in
violation of this section shall be punished by a fine of not less than one thousand dollars and not more than five
thousand dollars for each consecutive fifteen day period during which this failure continues.
(c) Removal of Existing Structures; Failure to Comply.
1. Any utility presently owning poles and overhead wires and associated overhead structures
along or across any public way or ways within the areas outlined in paragraph (a) of this
bylaw, or any part of, shall remove the same. Said removal shall occur in a sequence
specified by the Board of Selectmen of the Town of Cohasset after consultation with
representatives of the utility.
2. Any utility which fails to remove any poles, overhead wires and associated overhead
structures as required by this chapter shall be punished by a fine of not less than one
thousand dollars and not more than five thousand dollars for each consecutive fifteen day
period during which this failure continues; provided, however, that no utility shall be
deemed to have violated this chapter, provided that:
i. If replacement of facilities for poles and overhead wires and
associated overhead structures required to be removed will be
needed in order for it to continue its service, it shall, within sixty (60)
days after the effective date of this section, petition the Board of
Selectmen for permission to erect or construct under the public ways
of the Town of Cohasset replacement facilities for said poles and
overhead wires and associated overhead structures; and
ii. It shall prepare and file with the Board of Selectmen of the Town of
Cohasset a plan (which shall be consistent with any removal
sequence specified in this section) for the removal of such poles and
overhead wires and associated overhead structures and, if needed
for the continuation of its service, for their replacement with
underground facilities; and
iii. In each calendar year beginning with the calendar year next
following the effective date of this chapter and until all such overhead
wires and associated overhead structures shall have been removed,
it shall, in carrying out such plan, allocate and expend for the direct
cost of demolition and construction (over and above the reasonable
value of any salvage) an amount which shall be not be less than two
(2%) percent of its gross revenues derived during the next preceding
calendar year from it customers in said municipality; provided,
however, it may carry over as a credit all allocable to any one or
more of the next nine subsequent years any amount expended in
any year exceeding said two percent of its gross revenue; and
iv. It shall on or before the last day of March in each year, file with the
Board of Selectmen of the Town of Cohasset a statement signed,
under the penalties of perjury, by its treasurer setting forth in detail
the amounts spent by it during the immediately preceding calendar
year in carrying out said plan, the purposes for which such
expenditures were made and the gross revenue derived from its
customers in said Town of Cohasset during the immediately
preceding calendar year; provided, however that no utility which
enters into a cooperation agreement under the provisions of MGL C.
166 S 22E, shall be deemed to have violated said ordinance or
bylaw during the term such payments are to be made, so long as
said utility shall not be in default of said cooperation agreement.
3. This section shall become effective on the first day of January next following a date nine
moths subsequent to the date of its enactment.
6
Moved that Article VII "Safety and Public Order" of the General Bylaws of the Town be hereby amended by adding a
new section entitled "Underground Utility Conversion" as follows:
Section 41. Underground Utility Conversion
(a) Any person, firm, corporation, partnership, their agents and employees, who has been granted, or may be
granted, any license, permission, or authority to construct or maintain poles and overhead wires and associated
overhead structures upon, along, under or across any public way or ways, is forbidden from installing or constructing,
and shall remove immediately any poles, overhead wires and associated structures which are located on, along or
across the following sections of roadway which are described below.
Roadway From To
South Main Street Depot Court Brook Street
Elm Street South Main Street Brook Street
Brook Street Elm Street South Main Street
(b) Violations and Penalties:
Any person who fails to remove immediately any poles and overhead wires and associated overhead structures in
violation of this section shall be punished by a fine of not less than one thousand dollars and not more than five
thousand dollars for each consecutive fifteen day period during which this failure continues.
(c) Removal of Existing Structures; Failure to Comply.
1. Any utility presently owning poles and overhead wires and associated overhead structures along or across
any public way or ways within the areas outlined in paragraph (a) of this Bylaw, or any part of, shall remove
the same. Said removal shall occur in a sequence specified by the Board of Selectmen of the Town of
Cohasset after consultation with representatives of the utility.
2. Any utility which fails to remove any poles, overhead wires and associated overhead structures as required by
this chapter shall be punished by a fine of not less than one thousand dollars and not more than five thousand
dollars for each consecutive fifteen day period during which this failure continues; provided, however, that no
utility shall be deemed to have violated this chapter, provided that:
i. If replacement of facilities for poles and overhead wires and associated overhead structures
required to be removed will be needed in order for it to continue its service, it shall, within sixty (60)
days after the effective date of this section, petition the Board of Selectmen for permission to erect or
construct under the public ways of the Town of Cohasset replacement facilities for said poles and
overhead wires and associated overhead structures; and
ii. It shall prepare and file with the Board of Selectmen of the Town of Cohasset a plan (which
shall be consistent with any removal sequence specified in this section) for the removal of such poles
and overhead wires and associated overhead structures and, if needed for the continuation of its
service, for their replacement with underground facilities; and
iii. In each calendar year beginning with the calendar year beginning within the calendar year
next following the effective date of this chapter and until all such overhead wires and associated
overhead structures shall have been removed, it shall, in carrying out such plan, allocate and expend
for the direct cost of demolition and construction (over and above the reasonable value of any
salvage) an amount which shall be not be less than two (2%) percent of its gross revenues derived
during the next preceding calendar year from it customers in said municipality; provided, however, it
may carry over as a credit all allocable to any one or more of the next nine subsequent years any
amount expended in any year exceeding said two percent of its gross revenue; and
iv. It shall on or before the last day of March in each year, file with the Board of Selectmen of the
Town of Cohasset a statement signed, under the penalties of perjury, by its treasurer setting forth in
detail the amounts spent by it during the immediately preceding calendar year in carrying out said
plan, the purposes for which such expenditures were made and the gross revenue derived from its
customers in said Town of Cohasset during the immediately preceding calendar year; provided,
however that no utility which enters into a cooperation agreement under the provisions of MGL C. 166
7
S 22E, shall be deemed to have violated said ordinance or bylaw during the term such payments are
to be made, so long as said utility shall not be in default of said cooperation agreement.
3. This section shall become effective on the first day of January next following a date nine months subsequent
to the date of its enactment.
Motion is defeated.
Article 6:
To see if the Town will vote to approve a concept for improvements to the sidewalks and streets in the following
locations of the Downtown Business District:
Roadwav From To
South Main Street Depot Court #106 South Main Street
Elm Street South Main Street Brook Street
Brook Street Elm Street South Main Street
Ripley Road #100 Ripley (Post Office) Depot Court
Rear Parking Lot James Way Pleasant Street
Pleasant Street #2 Pleasant (Parfait) Ripley Road
Said improvements to include concrete sidewalks, more or less as shown on plans on file in the Office of the
Town Clerk.
Moved that a concept for improvements to the sidewalks and streets in the following locations of the Downtown
Business District be hereby approved:
Roadway From To
South Main Street Depot Court #106 South Main Street
Elm Street South Main Street Brook Street
Brook Street Elm Street South Main Street
said improvements to include concrete sidewalks, more or less as shown on plans on file in the Office of the Town
Clerk.
Amendment offered by Wayne Sawchuk. To change the word concrete to brick in the main motion.
Amendment is defeated.
Main motion is adopted.
Motion offered by Leland Jenkins to reconsider Article 1 who was on the prevailing side of the vote.
Article 1:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any
applicable statute, a sum or sums of money, to be expended by the Town Manager, to pay for unpaid bills from
previous fiscal years.
VENDOR AMOUNT REQUESTED
Deutsch, Williams, Brooks, DeRensis $73,471.00
TOTAL $73,471.00
8
Moved that Seventy Three Thousand Four Hundred Seventy One ($73,471.00) Dollars be transferred from Surplus
Revenue, to be expended by the Town Manager, to pay the following unpaid bills from previous fiscal years:
Deutsch, Williams, Brooks, DeRensis $73,471.00
TOTAL $73,471.00
A 9/10 vote is required. Motion adopted by the required 9/10's.
Article 7:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any
applicable statute, an additional sum or sums of money, to supplement the funds appropriated under Article 8 of the
March 29, 2003 Annual Town Meeting, to be expended by the Town Manager, to renovate, reconstruct and make
extraordinary repairs to the Police and Fire Station Building located on Elm Street, including furnishings and all costs
associated and related thereto.
Moved that Ninety Thousand ($90,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, to
supplement the amount originally voted under Article 8 of the March 29, 2003 Annual Town Meeting, to renovate,
reconstruct and make extraordinary repairs to the Police and Fire Station Building located on Elm Street, including
furnishings and all costs associated and related thereto; that to fund this appropriation, the Treasurer, with the
approval of the Board of Selectmen, is hereby authorized to borrow the sum of Ninety Thousand ($90,000.00) Dollars,
under and pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling
authority, and to issue bonds or notes of the Town, therefore.
A 2/3 vote required. Motion adopted by the required 2/3's.
Article 8:
To see if the Town will vote to raise and appropriate, and/or transfer from available funds, a sum or sums of money to
add to the Stabilization Fund in accordance with M.G.L. c. 40, § 5B, as amended.
Moved that Twenty Eight Thousand Seven Hundred Sixty Nine ($28,769.00) Dollars be transferred from Surplus
Revenue, to add to the Stabilization Fund in accordance with M.G.L. c. 40, § 5B, as amended.
Motion adopted unanimously.
At 10:45 p.m. on motion made and seconded, the Moderator adjourned the meeting to Tuesday, November 18, 2003
at 7 p.m. at the Cohasset Highs School Sullivan Gymnasium.
Tuesday Evening November 18, 2003
The Town Clerk appointed checkers and tellers were appointed by the Moderator. The Moderator called the meeting
to order at 7 p.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list
totaled for Pre. 1 - 75; Pre. 2—52 for a total of 127.
Article 9:
To see if the Town will vote to adopt and approve the recommendations of the Community Preservation Committee for
Fiscal year 2004, and to see if the Town will vote to implement such recommendations by appropriating a sum or
sums of money from the Community Preservation Fund established pursuant to Chapter 44B of the General Laws,
and by authorizing the Board of Selectmen, with the approval of the Community Preservation Committee, to acquire,
by purchase, gift or eminent domain such real property interests in the same of the Town, or enforceable by the Town,
including real property interests in the form of permanent affordable housing restrictions and historical preservation
restrictions that will meet the requirements of Chapter 184 of the General Laws, as may be necessary or proper to
carry out the foregoing.
Moved that this Article be withdrawn from consideration.
Motion adopted unanimously.
9
Article 10:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any
applicable statute, a sum or sums of money, to be expended by the Town Manager, to add to the Private Way
Repair Capital Account, as originally voted in Article 15 of the October 26, 1998 Special Town Meeting, to make
temporary repairs to private ways in Town to the extent permitted by c. 41, s. 6n of the General Laws of the
Commonwealth.
Moved that this Article be withdrawn from consideration.
Motion adopted unanimously.
Article 11:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any
applicable statute, a sum or sums of money, to be expended by the Town Manager, for the purpose of purchasing
and equipping the following new capital equipment that replaces existing equipment for the Fire Department,
Police Department and Department of Public Works, and School Department, and to authorize the Town Manager
to trade-in or otherwise dispose of such existing equipment:
Fire Department: Ladder Truck
Departmental Radios
Police Department: Departmental Radios
Department of Public Works: Multipurpose Vehicle
Brush Chipper
Utility Vehicle
School Department School Bus
Special Education Van
MOTION A:
Moved that Seven Hundred Thousand ($700,000.00) Dollars be hereby appropriated, to be expended by the
Town Manager, for the purpose of purchasing and equipping the following new capital equipment that replaces
existing equipment for the Fire Department, and to authorize the Town Manager to sell, trade-in or otherwise
dispose of such existing equipment:
Ladder Truck
Departmental Radios;
and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby
authorized to borrow the sum of Seven Hundred Thousand ($700,000.00) Dollars, under and pursuant to Chapter
44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue
bonds or notes of the Town, therefore.
Amendment offered by Leland Jenkins to indefinitely postpone. Motion defeated.
A 2/3's vote required. Motion adopted by the required 2/3's.
MOTION B:
Moved that Thirty Three Thousand ($33,000.00) Dollars be hereby appropriated, to be expended by the Town
Manager, for the purpose of purchasing and equipping the following new capital equipment that replaces existing
equipment for the Police Department, and to authorize the Town Manager to sell, trade-in or otherwise dispose of
such existing equipment:
Departmental Radios;
10
and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized
to borrow the sum of Thirty Three Thousand ($33,000.00) Dollars, under and pursuant to Chapter 44, Section 7 of the
Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town,
therefore.
A 2/3's vote required. Motion adopted unanimously.
MOTION C:
Moved that Ninety Thousand ($90,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, for
the purpose of purchasing and equipping the following new capital equipment that replaces existing equipment for the
Department of Public Works, and to authorize the Town Manager to sell, trade-in or otherwise dispose of such
existing equipment:
Multipurpose Vehicle
Brush Chipper;
and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized
to borrow the sum of Ninety Thousand ($90,000.00) Dollars, under and pursuant to Chapter 44, Section 7 of the
Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town,
therefore.
A 2/3's vote required. Motion adopted unanimously.
MOTION D:
Moved that Ninety Five Thousand ($95,000.00) Dollars be hereby appropriated, to be expended by the Town
Manager, for the purpose of purchasing and equipping the following new capital equipment that replaces existing
equipment for the School Department, and to authorize the Town Manager to sell, trade-in or otherwise dispose of
such existing equipment:
School Bus
Special Education Van;
and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized
to borrow the sum of Ninety Five Thousand ($95,000.00) Dollars, under and pursuant to Chapter 44, Section 7 of the
Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town,
therefore.
A 2/3's vote required. Motion adopted unanimously.
Article 12:
To see if the Town will vote to name the intersection of Beechwood Street and South Main Street as "Allen A. Buffum
Corner". Mr. Buffum was a veteran of World War I and was killed during action in World War II on April 9, 1942, when
the merchant tanker E. Van Rensselaer was sunk by a German submarine off the coast of Brazil.
Moved that the intersection of Beechwood Street and South Main Street be hereafter named "Allen A. Buffum
Corner", and that the Cohasset DPW be authorized to erect a sign to that effect at that location.
Motion adopted unanimously.
Article 13:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any
applicable statute, a sum or sums of money, to be expended by the Town Manager, to make improvements, restore
and upgrade the various Memorials around Town honoring individuals who gave their lives serving the United States.
11
Moved that Fifteen Thousand ($15,000.00) Dollars be transferred from Surplus Revenue, to be expended by the
Town Manager, to make improvements, restore and upgrade the various Memorials around Town honoring
individuals who gave their lives serving the United States.
Motion adopted unanimously.
Article 14:
To see if the Town will vote to amend Article VII, "Safety and Public Order:, of the General Bylaws, by adding the
following new section entitled "Publication of Building Permits Issued":
Section 40. Publication of Building Permits Issued.
Each week, the Office of the Building Commissioner shall cause to be published, in a newspaper of general
circulation in Cohasset, a list of all Building Permits issued during the previous week, except those issued for
interior alterations and re-roofing. The list shall include the name or names of the applicant or applicants, the
address of the property, the date the Permit was issued, a brief description of the proposed construction or
operations and the statement: "Building Permits may be appealed to the Board of Appeals. An appeal to the
Board of Appeals may be taken by a person aggrieved by an order or decision of the Building Commissioner in
violation of any provision of the Zoning Act, Massachusetts General Laws, Chapter 40A, Section 1 et seq., or the
Town's Zoning Bylaws.
Moved that Article VII, "Safety and Public Order", of the General Bylaws, be hereby amended by adding the
following new section entitled "Publication of Building Permits Issued":
Section 40. Publication of Building Permits Issued.
Each week, the Office of the Building Commissioner shall cause to be published, in a newspaper of general
circulation in Cohasset, a list of all Building Permits issued during the previous week, except those issued for
interior alterations and re-roofing. The list shall include the name or names of the applicant or applicants, the
address of the property, the date the Permit was issued, a brief description of the proposed construction or
operations and the statement: "Building Permits may be appealed to the Board of Appeals. An appeal to
the Board of Appeals may be taken by any person aggrieved by an order or decision of the Building
Commissioner in violation of any provision of the Zoning Act, Massachusetts General Laws, Chapter 40A, § 1 et
seq., or the Town's Zoning Bylaws."
Motion adopted.
Article 15:
To see if the Town will amend the Zoning Bylaws by adding new Section 17 as follows:
Section 17 Permits for Preexisting and Unpermitted Dwelling Units and for New Dwelling Units in Existing
Structures
1.0 Intent and Purpose
1.1 The intent of this Bylaw is to provide an opportunity to bring into compliance many of the
currently unpermitted accessory apartments and apartment units in the Town of Cohasset, as
well as to encourage the use of existing dwellings to create additional affordable housing.
1.2 This Bylaw recognizes that although unpermitted and unlawfully occupied, these dwelling
units are filling a market demand for housing at rental costs typically below that of units which
are and have been, lawfully constructed and occupied.
1.3 It is in the public interest and in concert with its obligations under state law, for the Town of
Cohasset to offer a means by which so-called unpermitted and illegal dwelling units can
achieve lawful status, but only in the manner described below.
1.4 It is the position of the Town of Cohasset that the most appropriate mechanism for allowing for the conversion
of unlawful dwelling units to lawful units is found in MGL c.40B,ss.20-23. This provision of state law
encourages the development of low and moderate-income rental and owner occupied housing and
provides a means for the Board of Appeals to remove local barriers to the creation of affordable
12
housing units. These barriers include any local regulation such as zoning and general bylaws that
may be an impediment to affordable housing development.
1.5 Under this bylaw, the Town commits the following resources to support his affordable housing initiative:
a. Waiver of fees for the inspection and monitoring of the properties identified under this bylaw;
b. Designation of town staff to assist the property owner in navigating through the process established
under this bylaw;
c. To the extent allowable by law, the negative effect entailed by the deed restriction involved will be
reflected in the property tax assessment, and
d. To assist property owners in locating available municipal, state and federal funds for rehabilitating
and upgrading the properties identified under this bylaw.
1.6 The town's Master Plan and subsidiary Affordable Housing Plan supports, in conjunction with a variety of
other strategies, the conversion of existing structures for use as affordable housing.
1.7 Through the creation of the following "amnesty" program, the town can create a mechanism to utilize
existing structures for the creation of affordable housing units that is consistent with the town's identified
housing needs.
2.0 Creation of Amnesty Program
2.1 As part of the Town's efforts to create the type of affordable housing that best meets the needs of the
Town and its residents, the Town Manager and staff designated by the Town Manager, shall establish a
screening process and criteria for the preexisting and unpermitted units described herein, as well as for
new units in existing structures created under the Accessory Dwelling Bylaw or other applicable sections
of the Zoning Bylaw, as part of a local program which will assure that the units being created and/or
permitted in existing dwellings and structures qualify as low or moderate income housing as that term is
defined in 760 CMR 30.02.
2.2 Recognizing that the success of this bylaw depends, in part, on the admission by real property owners
that their property may be in violation of the Zoning Bylaws of the Town, the Town hereby establishes
the following Amnesty Program:
2.2.1 The threshold criteria for units being considered as units potentially eligible for the Amnesty
Program are:
a. Real property containing a dwelling unit or dwelling units for which there does not exist a
validly issued variance, special permit or building permit, does not qualify as a lawful, non-
conforming use or structure, for any or all the units, and that was in existence on a lot of
record within the Town as of July 1, 2003; or
b. Real property containing a dwelling unit or dwelling units which was in existence as of July 1,
2003 and which has been cited by the Building Department as being in violation of the Zoning
Bylaw and
c. The property owner has the burden of demonstrating to the Building Commissioner that the
criteria in either paragraphs (a)and/or(b) have been satisfied.
d. If any dwelling unit or units identified herein are occupied during the period of time when
amnesty is in effect, said unit must be inspected by the entity designated by the Town
Manager and found to be in conformance with the State Building Code and State Sanitary
Code.
2.3 Procedures for Qualifying for Amnesty for Units that Meet Threshold Criteria:
a. The unit or units must either be a single unit accessory to an owner occupied single family dwelling
or one or more units in a multifamily dwelling where there exists a legal multifamily use but one or
more units are currently unpermitted;
b. The unit(s) must receive a site approval letter from the Town Manager.
c. The property owner must agree that if he receives an amnesty permit, the unit or units for which
amnesty is sough will be rented to a person or family whose income is 80% or less of the Area
Median Income (AMI) of Boston Metropolitan Statistical Area (MSA) and shall further agrees that rent
(including utilities) shall not exceed the rents established by the Department of Housing and Urban
Development (HUD) for a household whose income is 80% or less of the median income of Boston
Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance
established by the Cohasset Housing Partnership shall be deducted from HUD's rent level.
d. The property owner must agree, that if he receives a comprehensive permit, that he will execute an
affordable housing restriction pursuant to MGL c. 184, in a form and for a term acceptable to the
town, for the unit or units for which amnesty is sought, prepared by the Town of Cohasset, which runs
with the property so as to be binding on and enforceable against any person claiming an interest in
the property and which restricts the use of one or more units as rental units to a person or family
whose income is 80% or less of the median income of Boston Metropolitan Statistical Area (MSA).
13
e. Upon receiving the site approval letter under 2.3(b) above, the property owner shall within three (3)
months file an application for an amnesty permit under this program with the Cohasset Zoning Board
of Appeals.
2.4 Obtaining Amnesty and Duration
a. No zoning enforcement shall be undertaken against any property owner who demonstrates that he meets
the threshold criteria under section 2.2 and further demonstrates that he is proceeding in good faith to
comply with the procedures under Section 2.3 to obtain an amnesty permit.
b. Any protection from zoning enforcement under this bylaw shall terminate when:
1. a written determination is issued under this amnesty program that the criteria under
Section 2.3 and this amnesty program cannot be satisfied; or
2. it is determined that the property owner is not proceeding diligently with his amnesty
application or
3. the property owner's amnesty application is denied. A person is deemed not to be
proceeding diligently if he does not receive an amnesty permit within twelve months
from the date of issuance of the site approval letter under this program.
c.This amnesty program shall expire on June 30, 2006 after which expiration the property will be subject
to zoning enforcement.
3.0 Additional Conditions for Grant of Local Amnesty Permit
3.1 An applicant for an amnesty permit shall be an owner or owners with at least a 50% ownership interest of the
building and shall have his primary residence either in the principal dwelling unit within the building.
3.2 At least one off street parking space shall be provided for the amnesty unit in addition to parking required for
the principal dwelling unit.
3.3 The exterior appearance of the building shall not be altered by the permitting of the amnesty unit except for
stairways and exits as required by law, which shall be in the side or rear of the building unless pre-existent
elsewhere; and, any restoration required shall be consistent with the original architecture of the building.
3.4 Outside storage areas shall be screened by fencing or landscaping.
3.5 To qualify for an amnesty permit, whether the building is a conforming structure on a conforming lot or a pre-
existing, non-conforming structure (per section 8.2), any code-related modifications necessary to the amnesty
unit shall not be permitted to increase the total square footage of the pre-existing structure and shall not alter
the footprint of the pre-existing structure.
3.6 Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the
occupancy of the amnesty unit and the building, and for an adequate water supply to such amnesty unit and
the building in accordance with the requirements of the Board of Health.
3.7 Any code-related modifications to the amnesty unit and all other modifications to the building shall be
designed so that appearance of the building remains as it is at the time of the application for the amnesty
permit, and continued occupancy of the amnesty unit will not be more detrimental to the neighborhood in
which the building is located or injurious to persons or property than the allowed use of the building absent the
amnesty unit.
3.8 The owner shall notify the Building Commissioner in writing, within 6 months of the lapse in use of the
amnesty unit as such.
4.0 New Accessory Units in Single Family Owner Occupied Dwellings
For a proposed new unit created under the Accessory Dwelling Bylaw or any other applicable section of the Zoning
Bylaw to be eligible for consideration under the amnesty program and its goal for creating affordable units, it must be
a single unit accessory to an owner occupied single-family dwelling and comply with the following:
4.1 The unit(s) must receive a site approval letter under the Town's amnesty program described above;
4.2 The property owner must agree that if he receives an amnesty permit, the accessory dwelling unit will be
rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Boston
Metropolitan Statistical Area (MSA) and shall further agree that rent (including utilities) shall not exceed the
rents established by the Department of Housing and Urban Development (HUD) for a household whose
income is 80% or less of the median income of Boston Metropolitan Statistical Area. In the event that utilities
are separately metered, the utility allowance established by the Cohasset Housing Partnership shall be
deducted from the HUD's rent level.
4.3 The property owner must agree, that if he receives an amnesty permit, that he will execute an affordable
housing restriction pursuant to MGL c. 184, in a form and for a term acceptable to the Town, for the unit or
units for which amnesty is sought, prepared by the Town of Cohasset, which runs with the property so as to
14
be binding on and enforceable against any person claiming an interest in the property and which restricts the
use of one or more units as rental units to a person or family whose income is 80% or less of the median
income of Boston Metropolitan Statistical Area (MSA).
4.4.1 Upon receiving the site approval under 4(a) above, the property owner shall file an application for an amnesty
permit under this program with Cohasset Zoning Board of Appeals.
5.0 Reporting
The Cohasset Housing Partnership shall report quarterly to the Board of Selectmen and the Planning Board as to the
utilization of this Bylaw.
Moved that the Zoning Bylaw of the Town be hereby amended by adding a new Section 17, as follows:
Section 17 Permits for Preexisting and Unpermitted Dwelling Units and for New Dwelling Units in Existing
Structures
1.0 Intent and Purpose
1.1 The intent of this Bylaw is to provide an opportunity to bring into compliance many of the currently
unpermitted accessory apartments and apartment units in the Town of Cohasset, as well as to encourage the
use of existing dwellings to create additional affordable housing.
1.2 This Bylaw recognizes that although unpermitted and unlawfully occupied, these dwelling units are filling a
market demand for housing at rental costs typically below that of units which are and have been, lawfully
constructed and occupied.
1.3 It is in the public interest and in concert with its obligations under state law, for the Town of Cohasset to offer
a means by which so-called unpermitted and illegal dwelling units can achieve lawful status, but only in the
manner described below.
1.4 It is the position of the Town of Cohasset that the most appropriate mechanism for allowing for the conversion
of unlawful dwelling units to lawful units is found in MGL c.40B, ss. 20-23. This provision of state law
encourages the development of low and moderate-income rental and owner occupied housing and provides a
means for the Board of Appeals to remove local barriers to the creation of affordable housing units. These
barriers include any local regulation such as zoning and general bylaws that may be an impediment to
affordable housing development.
1.5 Under this bylaw, the Town commits the following resources to support this affordable housing initiative:
a) Waiver of fees for the inspection and monitoring of the properties identified under this bylaw;
b) Designation of town staff to assist the property owner in navigating through the process
established under this bylaw;
c) To the extent allowable by law, the negative effect entailed by the deed restriction involved
will be reflected in the property tax assessment, and
d) To assist property owners in locating available municipal, state and federal funds for
rehabilitating and upgrading the properties identified under this bylaw.
1.6 The town's Master Plan and subsidiary Affordable Housing Plan supports, in conjunction with a variety of
other strategies, the conversion of existing structures for use as affordable housing.
1.7 Through the creation of the following "amnesty" program, the town can create a mechanism to utilize existing
structures for the creation of affordable housing units that is consistent with the town's identified housing
needs.
2_0 Creation of Amnesty Program
2.1 As part of the town's efforts to create the type of affordable housing that best meets the needs of the town
and its residents, the Town Manager and staff designated by the Town Manager, shall establish a screening
process and criteria for the preexisting and unpermitted units described herein, as well as for new units in
existing structures created under the Accessory Dwelling Bylaw or other applicable sections of the Zoning
Bylaw, as part of a local program which will assure that the units being created and/or permitted in existing
dwellings and structures qualify as low or moderate income housing as that term is defined in 760 CMR
30.02. To assure that the units created may be counted toward to the Town's low and moderate income
housing stock, the Town shall either secure the Department of Housing and Community Development's
("D.H.C.D") approval of these accessory apartment units as Local Initiative Program ("L.I.P.") units pursuant
to 760 CMR 45.02 and 45.03 or shall obtain the approval of the program by the D.H.C.D. pursuant to 760
CMR 45.04.
2.2 Recognizing that the success of this Bylaw depends, in part, on the admission by real property owners that
their property may be in violation of the zoning bylaws of the town, the town hereby establishes the following
Amnesty Program:
15
2.2.1 The threshold criteria for units being considered as units potentially eligible for the Amnesty Program are:
a) Real property containing a dwelling unit or dwelling units for which there does not exist a
validly issued variance, special permit or building permit, does not qualify as a lawful, non-conforming
use or structure, for any or all the units, and that was in existence on a lot of record within the Town
as of July 1, 2003; or
b) Real property containing a dwelling unit or dwelling units which was in existence as of July 1,
2003 and which has been cited by the Building Department as being in violation of the zoning bylaw
and
c) The property owner has the burden of demonstrating to the Building Commissioner that the
criteria in either paragraphs (a)and/or(b) have been satisfied.
d) If any dwelling unit or units identified herein are occupied during the period of time when
amnesty is in effect, said unit must be inspected by the entity designated by the town manager and
found to be in conformance with the State Building Code and State Sanitary Code.
2.3 Procedure for Qualifying for Amnesty for Units that Meet Threshold Criteria:
a) The unit or units must either be a single unit accessory to an owner occupied single family
dwelling or one or more units in a multifamily dwelling where there exists a legal multifamily use but
one or more units are currently unpermitted;
b) The unit(s) must receive a site approval letter from the Town Manager.
c) The property owner must agree that if s/he receives an amnesty permit, the unit or units for
which amnesty is sought will be rented to a person or family whose income is 80% or less of the Area
Median Income (AMI) of Boston Metropolitan Statistical Area (MSA) and shall further agree that rent
(including utilities) shall not exceed the rents established by the Department of Housing and Urban
Development (HUD) for a household whose income is 80% or less of the median income of Boston
Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance
established by the Cohasset Housing Partnership shall be deducted from HUD's rent level.
d) The property owner must agree, that if s/he receives a comprehensive permit, that s/he will
execute an affordable housing restriction pursuant to M.G.L. c. 184, in a form and for a term
acceptable to the town, for the unit or units for which amnesty is sought, prepared by the Town of
Cohasset, which runs with the property so as to be binding on and enforceable against any person
claiming an interest in the property and which restricts the use of one or more units as rental units to
a person or family whose income is 80% or less of the median income of Boston Metropolitan
Statistical Area (MSA).
e) Upon receiving the site approval letter under 2.3(b) above, the property owner shall within
three (3) months file an application for an amnesty permit under this program with the Cohasset
Zoning Board of Appeals.
2.4 Obtaining Amnesty and Duration
a) No zoning enforcement shall be undertaken against any property owner who demonstrates
that s/he meets the threshold criteria under section 2.2 and further demonstrates that s/he is
proceeding in good faith to comply with the procedures under Section 2.3 to obtain an amnesty
permit.
b) Any protection from zoning enforcement under this bylaw shall terminate when: 1) A written
determination is issued under this amnesty program that the criteria under Section 2.3 and this
amnesty program cannot be satisfied; or 2) it is determined that the property owner is not proceeding
diligently with his/her amnesty application; or 3)the property owner's amnesty application is denied. A
person is deemed "not to be proceeding diligently" if s/he does not receive an amnesty permit within
twelve months from the date of issuance of the site approval letter under this program.
c) This amnesty program shall expire on June 30, 2007 after which expiration the property will
be subject to zoning enforcement.
3.0 Additional Conditions for Grant of Local Amnesty Permit
3.1 An applicant for an amnesty permit shall be an owner or owners with at least a 50% ownership interest of the
building and shall have his/her/their primary residence either in the principal dwelling unit within the building.
3.2 At least one off street parking space shall be provided for the amnesty unit in addition to parking required for
the principal dwelling unit.
16
3.3 The exterior appearance of the building shall not be altered by the permitting of the amnesty unit except for
stairways and exits as required by law, which shall be in the side or rear of the building unless pre-existent
elsewhere; and, any restoration required shall be consistent with the original architecture of the building.
3.4 Outside storage areas shall be screened by fencing or landscaping.
3.5 To qualify for an amnesty permit, whether the building is a conforming structure on a conforming lot or a pre-
existing, non-conforming structure (per Section 8.2), any code-related modifications necessary to the amnesty
unit shall not be permitted to increase the total square footage of the pre-existing structure and shall not alter
the footprint of the pre-existing structure.
3.6 Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the
occupancy of the amnesty unit and the building, and for an adequate water supply to such amnesty unit and
the building in accordance with the requirements of the Board of Health.
3.7 Any-code-related modifications to the amnesty unit and all other modifications to the building shall be
designed so that appearance of the building remains as it is at the time of the application for the amnesty
permit, and continued occupancy of the amnesty unit will not be more detrimental to the neighborhood in
which the building is located or injurious to persons or property than the allowed use of the building absent the
amnesty unit.
3.8 The owner shall notify the Building Commissioner in writing, within 6 months of the lapse in use of the
amnesty unit as such.
4.0 Reporting
The Cohasset Housing Partnership shall report quarterly to the Board of Selectmen and the Planning Board as to the
utilization of this Bylaw.
A 2/3's vote required. Hand count taken Yes 63. No 33. Motion is defeated.
Article 16:
To see if the Town will amend Section 2 of the Cohasset Zoning Bylaw by inserting the following definition after
"Community Facilities" as follows:
Coverage Building: The portion of a lot covered or occupied by buildings.
And further to amend Section 5.3.1 "Table of Area Regulations" by adding a column titled "Coverage Building" and
entering the number"20"with respect to all residential districts under the "Coverage Building" column.
Moved that Section 2 of the Cohasset Zoning Bylaw be hereby amended by inserting the following definition after
"Community Facilities" as follows:
Coverage Building: The portion of a lot covered or occupied by buildings.
And further to amend Section 5.3.1 "Table of Area Regulations" by adding a column titled "Coverage Building" and
entering the number"20"with respect to all residential districts under the "Coverage Building" column.
A 2/3's vote required. Motion adopted by the required 2/3's.
Article 17:
To see if the Town will amend Section 4 of the Zoning Bylaw, Section 4.2, Table of Uses, under the subsection
"Residential", with respect to the use of"Dwellings for more than one family including those in combination with stores
or other permitted uses subject to table 5.3.1 and 7.1", by going under the column designated "DB" for Downtown
Business District, and changing the designation below from "SP" to "YES", the purpose of which is to allow
development of multi-family units in the Downtown Business District as of right rather than by special permit; and,
further, to add a new note 11 after said Table of Uses that reads as follows:
"No apartment to be created in the Downtown Business district may be constructed on the first floor of a
building or structure. Apartments in this district can only be created in connection with a commercial use on
the first floor of the structure."
17
And, further, to amend Section 7.1.k by striking the words "except residences" so that the new Section 7.1.k will
read: "Stores, offices and other lawful uses in the vicinity of the municipal parking lot located off Main Street in
the Cohasset business center."
Moved that Section 4 of the Zoning Bylaw, Section 4.2, Table of Uses, under the subsection "Residential", with
respect to the use of "Dwellings for more than one family including those in combination with stores or other
permitted uses subject to table 5.3.1 and 7.1" be hereby amended, by going under the column designated "DB"
for Downtown Business District, and changing the designation below from "SP" to "Yes", the purpose of which is
to allow development of multi-family units in the Downtown Business District as of right rather than by special
permit; and, further, to add a new note 12 after said Table of Use Regulations that reads as follows:
"No apartment to be created in the Downtown Business District may be constructed on the first floor
of a building or structure. Apartments in this district may only be created in connection with a
commercial use which is located on the first floor of the structure."
and, further, to that Section 7.1.k of the Zoning Bylaw of the Town of Cohasset be hereby amended by striking the
words "except residences" so that the new Section 7.1.k will read: "Stores, offices and other lawful uses in the
vicinity of the municipal parking lot located off Main Street in the Cohasset business center."
Amendment offered by Benjamin Lacy.
That Section 7.1.k of the Zoning Bylaw of the Town of Cohasset be hereby amended by striking the words "except
residences" so that the new Section 7.1.k will read: "Stores, offices and other lawful uses in the vicinity of the
municipal parking lot located off Main Street in the Cohasset business center.
Amendment defeated.
A 2/3's vote required. Main motion adopted by the required 2/3's.
Article 18:
To see if the Town will add a new note 12 after the table of Uses in Section 4.2. that reads as follows:
"12. All residential uses shall be subject to Section 5.5."
and, further, to see if the Town will add the following new definition to the list of definitions in Section 2 of the
Zoning Bylaw:
"Residential Gross Floor Area ("RGFA") — The sum of the Total Floor Area — Gross, as defined herein, of the
above grade floors or portions of floors in a residential structure, excluding unfinished attics and attached or
detached garages."
And, further, to see if the Town will add a new subsection 5.5 to Section 5 of the Zoning Bylaw, Area Regulations,
to create a "large home site plan review process" as follows:
5.5 Large House Site Plan Review
Notwithstanding the area requirements set forth in preceding subsections of this Section 5, and any variances
obtained from same, the RGFA for any residential building or structure, in any residential district, to be
constructed pursuant to a building permit issued on or after 11/1/03 either as new construction or as an alteration,
expansion/extension/enlargement, reconstruction or replacement of an existing residential building or structure,
may not exceed the greater of 3,500 square feet or 10% of the area of the lot up to a maximum of 6,000 square
feet, absent review as follows. This threshold does not nullify the applicability of any of the other area regulations
set forth in Section 5 that may or may not have an impact upon the calculation of RGFA.
Where the RGFA exceeds these limits, the proposed work shall be submitted for Site Plan review by the Planning
Board under the standards of review set forth in Section 12.6 and the following standards and criteria:
18
Standards and Criteria
The Planning Board shall review and evaluate the Submission and make a determination as to whether it is consistent
with the Standards and Criteria listed below. If the Planning Board finds that these Standards and Criteria have been
met, it shall approve the Submission with or without conditions. The Standards and Criteria are as follows:
1. The development shall be integrated into the exisiting terrain and surrounding
landscape. Building sites shall, to the extent feasible:
a. Minimize use of wetlands, steep slopes, flood plains, hilltops;
b. Preserve natural or historic features;
c. Maximize retention of open space;
d. Preserve scenic views from publicly accessible locations;
e. Minimize tree, vegetation and soil removal, blasting and grade changes;
f. Screen objectionable features from neighboring properties and roadways;
2. The development shall be served with adequate water supply and sewage disposal
systems. For structures to be served by sewage disposal systems, the applicant
shall submit a complete design prepared and stamped by a registered professional
engineer and containing all information required by the Board of Health to approve
sewage disposal systems.
3. The development shall incorporate measures that are adequate to prevent pollution
of surface or groundwater, to minimize erosion and sedimentation, and to prevent
changes in groundwater levels, increased rates of runoff, and minimize potential for
flooding. Drainage shall be designed so that groundwater recharge is maximized,
and at the project boundaries the rate of runoff shall not be increased.
4. To the extent feasible, development shall minimize demands placed on Town
services and infrastructure.
5. The development shall provide for safe vehicular and pedestrian movement within
the site and to adjacent ways, including sidewalks, crosswalks and the like.
6. Building design and landscaping shall be in harmony with the prevailing character
and scale of buildings in the neighborhood and the Town including the use of
appropriate building materials, screening and other architectural techniques.
7. Electric, telephone, cable TV and other such utilities shall be underground except
where this cannot be accomplished because it is physically or environmentally
infeasible, in which case such utilities shall be screened.
8. Exposed storage areas, machinery, service areas, truck loading areas, utility
buildings and structures and other unsightly uses shall be set back and/or screened
to protect neighbors from objectionable features.
9. To the extent feasible, proposed projects shall be designed in such a way as to
minimize shadows on neighboring properties.
10. There shall be no unreasonable glare onto public roads and other public ways, into
the night sky, or onto neighboring properties from lighting or reflection.
11. The site plan shall comply with all zoning requirements.
If a new construction, alteration, expansion/extension/enlargement, reconstruction, or replacement proposal
requires both one or more variances from the area regulation of Section 5 and this subsection's Site Plan
Review, the applicant shall seek all variances from the Zoning Board of Appeals first, and then seek this
review. Each of these reviews is independent of the other, and the grant of one or more vaiances does not
mandate approval under this Site Plan Review process.
Moved that the table of Uses in Section 4.3 of the Zoning Bylaws of the Town be hereby amended by adding a new
note 12 at the end thereof that reads as follows:
13. All residential uses shall be subject to Section 5.5."
and, further, that the definitions in Section 2 of the Zoning Bylaws be hereby amended by the adding the following
new definition:
19
"Residential Gross Floor Area ("RGFA") — The sum of the Total Floor Area — Gross, as defined herein, of the
above grade floors or portions of floors in a residential structure, excluding unfinished attics and attached or
detached garages."
and, further, that Section 5 of the Zoning Bylaw, Area Regulations, be amended by inserting a new sub
subsection 5.5 to create a "large home site plan review process" as follows:
5.5 LARGE HOUSE SITE PLAN REVIEW
Notwithstanding the area requirements set forth in preceding subsections of this Section 5, and any variances
obtained from same, the RGFA for any residential building or structure, in any residential district, to be
constructed pursuant to a building permit issued on or after 11/1/03 either as new construction or as an alteration,
expansion/extension/enlargement, reconstruction or replacement of an existing residential building or structure,
may not exceed the greater of 3,500 square feet or 10% of the area of the lot up to a maximum of 6,000 square
feet, absent review as follows. This threshold does not nullify the applicability of any of the other area regulations
set forth in Section 5 that may or may not have an impact upon the calculation of RGFA.
Where the RGFA exceeds these limits, the proposed work shall be submitted for Site Plan Review by the
Planning Board under the standards of review set forth in Section 12.6 and rules and regulations as promulgated
by the Planning Board.
If a new construction, alteration, expansion/extension/enlargement, reconstruction or replacement proposal
requires both one or more variances from the area regulations of Section 5 and this subsection's Site Plan
Review, the applicant shall seek all variances from the Zoning Board of Appeals first, and then seek this review.
Each of these reviews is independent of the other, and the grant of one or more variances does not mandate
approval under this Site Plan Review process.
Amendment offered by Thomas Callahan, member of the Board of Selectmen.
At the end of the second paragraph, delete the phrase "and rules and regulations as promulgated by the Planning
Board ," and place the period after "12.6". Then add at the end of the bylaw: "The Planning Board may
promulgate rules and regulations to implement this bylaw."
Motion by Christopher Ford, member of the Planning Board to indefinitely postpone Article 18.
Motion defeated.
Motion by Sheila Evans that the meeting be dissolved. Motion defeated.
Merle Brown, member of the Board of Selectmen called for a quorum count. Quorum was not present- 92
in attendance.
Meeting dissolved at 10:50 p.m.
A True Copy, ATTEST:
Marion L. Douglas
Town Clerk
20