HomeMy WebLinkAboutMinutes - TM - 12/05/2005 Index Annual Town Meeting—December 5, 2005
Article # Description of Article
1 Balance FY06 Operating Budget. Adopted
2 Unpaid bills. Indefinitely Postponed.
3 Police Contract. Adopted.
4 Community Preservation Committee
a. Retain a housing consultant to establish a Housing Partnership on
affordable housing. Adopted.
b. Rescind Vote under Article 12 (c ) of the March 27, 2004 Annual
Town Meeting for drainage at Alumni Field and restore funds to
Community Preservation Fund. Adopted
5 Triennial Revaluation program by the Board of Assessors. Adopted
6 Property tax exemptions. Adopted.
7 Water Commissioners acquire parcels of land in Scituate for protection of
watershed. Adopted.
8 Water Commissioners acquire parcels of land for watershed protection.
Adopted.
9 Additional powers for the Cohassset Board of Library Trustees. Adopted.
10 Equipment supplies for emergency preparedness. Adopted.
11 Amend zoning bylaws in conjunction with the Site Plan process. —
Indefinitely postponed.
12 Amend zoning bylaws Section 5.3.1- District DB. Indefinitely postponed.
13 Amend zoning bylaws Section 7.2 to authorize parking which does not
comply with requirements. Indefinitely postponed.
14 Conservation restriction on Assessor Map 42, Lot 041 to preserve the
drinking water. Adopted.
15 Scholarship. Indefinitely postponed.
16 Reconstruct a portion of sidewalk on Beechwood St. from So. Main St to
easterly intersection of Norman Todd Road. Adopted.
17 Cook Estate project. Indefinitely postponed.
SPECIAL TOWN MEETING—DECEMBER 5, 2005
At the Special Town Meeting held on Monday, December 5, 2005 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, Margaret Hernan, Kathleen Rhodes and Debra Krupczak.
Tellers were appointed and sworn in by the Moderator, Daniel Evans.
The Moderator called the meeting to order at 7:25 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 —
123; and Precinct 2— 123 for a total of 246 voters.
It was 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 what additional action the Town will vote to amend, modify, increase or decrease,
or otherwise, to balance the Fiscal Year 2006 Operating Budget as voted in Article 3 of
the April 2, 2005 Annual Town Meeting, including proposed revised appropriations set
forth below and any 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, or take any other action relative thereto.
Original Proposed Revised Increase/
Appropriation Account Appropriation Appropriation Decrease
Town Manager
Town Hall Clerical $422,148 $399,148 ($23,000)
Treasurer/Collector
Personal Services $65,002 $60,002 ($5,000)
Cohasset Public Schools
Salaries & Expenses $12,629,382 $12,344,382 ($285,000)
Building Maintenance
Payroll & Expenses $456,056 $446,056 ($10,000)
2
Pensions
Norfolk County $1,003,173 $983,173 ($20,000)
Worker's Compensation
General Expenses $90,000 $70,000 ($20,000)
Property&Liability Insurance
General Expenses $222,500 $202,500 ($20,000)
Unemployment
General Expenses $5,000 $35,000 $30,000
Reserve Fund $125,000 $234,000 $109,000
MOVED that the amounts appropriated pursuant to Article 3 of the April 2, 2005 Annual
Town Meeting be reduced by the amount of$383,000 as a result of the decreases listed
below,
Original Proposed Revised Increase/
Appropriation Account Appropriation Appropriation Decrease
Town Manager
Town Hall Clerical $422,148 $399,148 ($23,000)
Treasurer/Collector
Personal Services $65,002 $60,002 ($5,000)
Cohasset Public Schools
Salaries &Expenses $12,629,382 $12,344,382 ($285,000)
Building Maintenance
Payroll & Expenses $456,056 $446,056 ($10,000)
Pensions
Norfolk County $1,003,173 $983,173 ($20,000)
Worker's Compensation
General Expenses $90,000 $70,000 ($20,000)
Property&Liability Insurance
General Expenses $222,500 $202,500 ($20,000)
3
And further that One Hundred Thirty Nine Thousand Dollars ($139,000) be hereby
appropriated to add to and increase the amounts voted pursuant to Article 3 of the April
2, 2005 Annual Town Meeting as adjusted as set forth below, and to fund such
appropriation the amount of One Hundred Nine Thousand Dollars ($109,000) be
transferred from Free Cash and the sum of Thirty Thousand Dollars ($30,000) be raised
from taxation and other general revenues of the Town.
Original Proposed Revised Increase/
Appropriation Account Appropriation Appropriation Decrease
Unemployment
General Expenses $5,000 $35,000 $30,000
Reserve Fund $125,000 $234,000 $109,000
Amendment offered by Lenora Jenkins.
MOVED that the amounts appropriated pursuant to Article 3 of the April 2, 2005 Annual
Town Meeting be reduced by the amount of$464,652 as a result of the decreases listed
below,
Original Proposed Revised Increase/
Appropriation Account Appropriation Appropriation Decrease
Town Manager
Town Hall Clerical $422,148 $399,148 ($23,000)
Treasurer/Collector
Personal Services $65,002 $60,002 ($5,000)
Cohasset Public Schools
Salaries & Expenses $12,629,382 $12,262,730 ($366,652)
Building Maintenance
Payroll & Expenses $456,056 $446,056 ($10,000)
Pensions
Norfolk County $1,003,173 $983,173 ($20,000)
Worker's Compensation
General Expenses $90,000 $70,000 ($20,000)
4
Property&Liability Insurance
General Expenses $222,500 $202,500 ($20,000)
And further that One Hundred Thirty Nine Thousand Dollars ($220,652) be hereby
appropriated to add to and increase the amounts voted pursuant to Article 3 of the April
2, 2005 Annual Town Meeting as adjusted as set forth below, and to fund such
appropriation the amount of One Hundred Nine Thousand Dollars ($109,000) be
transferred from Free Cash and the sum of Thirty Thousand Dollars ($11,652) be raised
from taxation and other general revenues of the Town.
Original Proposed Revised Increase/
Appropriation Account Appropriation Appropriation Decrease
Unemployment
General Expenses $5,000 $35,000 $30,000
Reserve Fund $125,000 $315,652 $190,652
Amendment defeated.
Main motion adopted.
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 of money to be expended by the
Town Manager to pay for unpaid bills from previous fiscal years, or take any other action
relative thereto.
MOVED that this article be indefinitely postponed.
Motion adopted.
Article 3
To see if the Town will vote to raise and appropriate and/or transfer from available funds,
a sum or sums of money, to be expended by the Town Manager, to fund the FY05 and
FY06 cost items of a collective bargaining agreement between the Town, represented by
the Board of Selectmen, and the Police Department employees represented by Local 641,
International Brotherhood of Police Officers, in accordance with Chapter 150E of the
General laws, or take any other action relative thereto.
5
MOVED that the sum of Twenty Thousand Seven Hundred Fifteen Dollars ($20,715) be
transferred from Free Cash to be expended by the Town Manager to fund the Fiscal Year
2005 cost items of a Collective Bargaining Agreement between the Town, represented by
the Board of Selectmen, and the Police Department employees represented by Local 641,
International Brotherhood of Police Officers; and further that the sum of Sixty Four
Thousand Nine Hundred Eighteen Dollars ($64,918) be raised from the fiscal Year 2006
tax levy and other general revenues of the Town to fund the Fiscal Year 2006 cost items
of a Collective Bargaining Agreement between the Town, represented by the Board of
Selectmen, and the Police Department employees represented by Local 641,
International Brotherhood of Police Officers.
Motion adopted.
Article 4
To see what action the Town will take with respect to the recommendations of the
Community Preservation Committee for Fiscal Year 2006, and to see if the Town will
vote to implement any such recommendation by appropriating a sum or sums of money
from the Community Preservation Fund established pursuant to Chapter 44B of the
General Laws, and from any other source, by raising and appropriating, borrowing
pursuant to any applicable statute or borrowing pursuant to any applicable statute for this
purpose, and further to authorize the Board of Selectmen to acquire by purchase, gift or
eminent domain, or alternatively to convey, sell or dispose of, such real property interests
as may be required by the Community Preservation Act to implement any such
expenditure of community preservation funds, or take any other action relative thereto.
MOVED that the Town adopt and approve the recommendations of the Community
Preservation Committee for Fiscal 2006 as follows:
Recommendation A:
MOVED that Twenty Thousand Dollars ($20,000.00) be transferred from the
Community Preservation Fund—Discretionary Sub-Account, with the intention that these
funds be available in FY 2006 and thereafter to be expended by the Town Manager, for
retaining an affordable housing consultant who will help the Cohasset Board of
Selectmen with the establishment of a Housing Partnership, the training of its members,
as well as education and outreach to Town officials and citizens on the topic of affordable
housing. The sum of Ten Thousand Dollars from this appropriation shall be dedicated to
the completion of the Town's Affordable Housing Plan, provided however if the
Affordable Housing Plan is completed for less than that sum, the balance of the $10,000
may be expended for other activities relating to the Housing Partnership Committee.
6
Motion adopted.
Recommendation B:
MOVED that the Town rescind its vote under Article 12 (C) of the March 27, 2004
Annual Town Meeting in which it transferred the sum of$98,500 from the Community
Preservation Fund - Discretionary Sub-Account for improvements, including but not
limited to, the installation of drainage structures, to Alumni Field at the Cohasset Middle
High School Complex on Pond Street, so that the $98,500 is restored to the Community
Preservation Fund-Discretionary Sub-Account.
Motion adopted.
Article 5
To see if the Town will vote to raise and appropriate, transfer from available funds,
and/or borrow pursuant to any applicable statute, the sum of Fifteen thousand dollars
($15,000) to be expended by the Board of Assessors for the ongoing Triennial
Revaluation Program for certification by the Department of Revenue, or take any other
action relative thereto.
MOVED that the sum of Fifteen thousand dollars ($15,000) be transferred from the
Overlay Surplus Account to be expended by the Town Manager, with the approval of the
Board of Assessors, for the ongoing Triennial Revaluation Program for certification by
the Department of Revenue.
Motion adopted.
Article 6
To see if the town will vote to accept Section 4 of Chapter 73 of the Acts of 1986 to grant
an additional real estate tax exemption of not more than one hundred percent (100%).
Such additional exemption may be granted to persons who qualify for property tax
exemptions under clauses 17, 17C 1/2, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41,
41B, 41C, 42 and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws.
MOVED that Section 4 of Chapter 73 of the Acts of 1986 be accepted by the Town to
grant and additional real estate tax exemption of not more than one hundred percent
(100%). Such additional exemption may be granted to persons who qualify for property
tax exemptions under clauses 17, 17C %2, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A,
41, 41B, 41C, 42 and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws.
Motion adopted.
7
Article 7
To see if the Town will vote to authorize the Board of Water Commissioners to purchase,
acquire or contribute to the acquisition of the fee title or a lesser title interest in certain
parcels of land located in Scituate, and more particularly described below, for watershed
protection purposes of the Aaron River Reservoir used in the Town of Cohasset as a
public drinking water supply, pursuant to authority under G.L. c. 39 B, c. 40, c. 45 and
Chapter 1163 of the Acts and Resolves of 1973 or any other applicable statute; to obtain
any and all necessary approvals, if any, including those of the Department of
Environmental Protection for such acquisition; to authorize the Board of Water
Commissioners to hold or convey a watershed preservation restriction as described in
G.L. c. 184, §31 on those acquired parcels;
The parcels are described as: Scituate Tax Assessor's Map 017-002, Parcels 019 and
020D more particularly described in a deed recorded in the Plymouth County Registry of
Deeds at Book 14879, Page 256 and Scituate Tax Assessor's Map 017-002, Parcels 010
and 005A more particularly described in a deed recorded in the Plymouth County
Registry of Deeds at Book 17943, Page 46.
MOVED that the Board of Water Commissioners, with the approval of the Town
Manager be authorized to purchase, acquire or contribute to the acquisition of the fee title
or a lesser title interest in certain parcels of land located in Scituate, and more particularly
described below, for watershed protection purposes of the Aaron River Reservoir used in
the Town of Cohasset as a public drinking water supply, pursuant to authority under G.L.
c. 39 B, c. 40, c. 45 and Chapter 1163 of the Acts and Resolves of 1973 or any other
applicable statute; to obtain any and all necessary approvals, if any, including those of the
Department of Environmental Protection for such acquisition; to authorize the Board of
Water Commissioners to hold or convey a watershed preservation restriction as described
in G.L. c. 184, §31 on those acquired parcels; provided however that the funds used to
purchase, acquire or contribute to the acquisition of such interests shall not exceed Two
Hundred Fifty Thousand Dollars ($250,000) from appropriations previously voted by the
Town for Water Commission expenditures pursuant to Article 12 of the 2005 Annual
Town Meeting, Article 18 of the 2004 Annual Town Meeting, and Article 13 of the Dec.
6, 2004 Special Town Meeting.
A 2/3's vote required. Motion adopted.
8
Article 8
To see if the Town will vote to authorize the Board of Water Commissioners to acquire
by purchase, gift or Eminent Domain the fee title or a lesser title interest in any or all of
certain parcels of land as follows: Parcels 52-6 (Book 6741, Page 272), 52-7 (Book 6350,
Page 279), 41-27 (Book 7136, Page 382), 41-79 (Book 6738, Page 241), 41-118 (Book
7136, Page 382), 41-119 (Book 7136, Page 382), 42-23 (Book 4044, Page 242), 66-1, 66-
13 (Book 5042, Page 447), 66-14 (Book 2037, Page 45), 67-1, 72-1 (Book 10470, Page
210), 72-2 (Book 10470, 210), and 55-51 (Book 10878, Page 417), 56-11 (Book 6525,
page 670) for watershed protection purposes, or take any other action related thereof.
MOVED that the Board of Water Commissioners, with the approval of the Town
Manager be authorized to acquire by purchase, gift or Eminent Domain the fee title or a
lesser title interest in any or all of certain parcels of land as follows:
Cohasset Assessors Mau Book and Page
52-6 Book 6741, Page 272
52-7 Book 6350, Page 279
41-27 Book 7136, Page 382
41-79 Book 6738, Page 241
41-118 Book 7136, Page 382
41-119 Book 7136, Page 382
42-23 Book 4044, Page 242
66-1
66-13 Book 5042, Page 447
66-14 Book 2037, Page 45
67-1
55-51 Book 10878, Page 417
56-11 Book 6525,page 670
for watershed protection purposes; provided however that the funds used to pay for such
acquisition shall not exceed Five Hundred Thousand Dollars ($500,000) from the
appropriations previously voted by the Town for Water Commission expenditures
pursuant to Article 12 of the 2005 Annual Town Meeting, Article 18 of the 2004 Annual
Town Meeting and Article 13 of the December 6, 2004 Special Town Meeting.
A 2/3's vote required. Motion adopted.
9
Article 9
To see if the town will vote to petition the General Court for enactment of a special law
for benefit of the Town of Cohasset as is set forth as follows, and to authorize the General
Court, with the consent of the Cohasset Board of Selectmen, to make constructive
changes in the text thereof to implement the public policy objectives of the following.
An Act to establish additional powers for the Cohasset Board of Library Trustees to
control a Nonprofit Corporation, Cohasset Library Trust, Inc.
Section 1. In addition to the powers and duties applicable to Boards of Library Trustees
as are set forth in the General Laws of the Commonwealth, the Board of Library Trustees
in the Town of Cohasset is hereby authorized to establish, maintain and operate a
nonprofit corporation, "Cohasset Library Trust, Inc.,"to be organized pursuant to Chapter
180 of the General Laws of the Commonwealth, for charitable and educational purposes
within the meaning of section 501(c)(3) of the United States Internal Revenue Code of
1986, as amended, which purposes are to benefit and to carry out the charitable,
educational and other exempt purposes of the Paul Pratt Memorial Library, a public
library in, of and for the Town of Cohasset, Massachusetts.
Section 2. All the members of the Board of Directors of such Cohasset Library Trust, Inc.
described in Section I of this Act shall be appointed to their position by majority vote
of the members present and voting of the Cohasset Board of Library trustees, for terms up
to three years, and the Cohasset Board of Library Trustees correspondingly is hereby
authorized to remove by such majority vote any such director, with or without cause, but
any such removal for cause shall be with notice and opportunity to be heard before the
Cohasset Board of Library Trustees. Any Library Trustee may be eligible to serve as a
member of the Board of Directors or as an officer of such Cohasset Library Trust, Inc. in
accordance with the By-Laws thereof and may contemporaneously serve as such a
director or officer, and upon the Board of Library Trustees, notwithstanding any law to
the contrary. Any Library Trustee may participate in any matter as a Library Trustee
involving Cohasset Library Trust, Inc. and any director or officer of the Cohasset Library
Trust, Inc. may participate in any matter involving the Cohasset Board of Library
Trustees notwithstanding the provisions of any other law to the contrary.
Section 3. No part of the assets or net earnings of Cohasset Library Trust, Inc. shall inure
to the benefit of, or be distributable to, its directors, officers or other private persons
except that the Cohasset Library Trust, Inc. shall be authorized and empowered to pay
reasonable compensation for services rendered and to make payments and distributions in
furtherance of the purposes set forth in Section 1 of this Act.
Section 4. The Treasurer of the Town of Cohasset shall serve ex officio as the Treasurer
of Cohasset Library Trust, Inc. described in Section 1 of this Act, and the Treasurer of the
10
Town may participate in any particular matter as Treasurer of the Town or as Treasurer
of the Cohasset Library Trust, Inc. notwithstanding any law to the contrary.
Section 5. Upon the effective date of this Act, the Treasurer of the Town is hereby
authorized to pay over from the Treasury of the Town of Cohasset and otherwise turn
over, to the Cohasset Library Trust, Inc. all endowment, trust, fiduciary, or other accrued
funds held by the Town of Cohasset for library purposes, and the Cohasset Library Trust,
Inc. Board of Directors shall, in consultation with such Treasurer decide upon and
implement investment decisions as to management of all funds paid over, including
investment in accounts, funds and investment instruments notwithstanding any law to the
contrary with respect to publicly held funds.
Section 6. The Town of Cohasset, acting by and through Town Meeting, is hereby
authorized to enact bylaws to carry out the purposes of this Act and to assign to Cohasset
Library Trust, Inc. additional duties within the scope of its charitable purposes. Cohasset
Library Trust, Inc. shall annually report to the town in the town's annual report, as to its
doings and assets.
Section 7. The provisions of Chapter 39 (section 23 A, 23 B and 23 C), Chapter 66
(section 10), Chapter 30 B, and Chapter 268 A of the General Laws, shall not apply to the
conduct of business of and by the Cohasset Library Trust, Inc.
Section 8. This Act shall take effect upon passage.
MOVED that the town vote to petition the General Court for enactment of a special law
for benefit of the Town of Cohasset as is set forth as follows, and to authorize the General
Court, with the consent of the Cohasset Board of Selectmen, to make constructive
changes in the text thereof to implement the public policy objectives of the following.
An Act to establish additional powers for the Cohasset Board of Library Trustees to
control a Nonprofit Corporation, Cohasset Library Trust, Inc.
Section 1. In addition to the powers and duties applicable to Boards of Library Trustees
as are set forth in the General Laws of the Commonwealth, the Board of Library Trustees
in the Town of Cohasset is hereby authorized to establish, maintain and operate a
nonprofit corporation, "Cohasset Library Trust, Inc.,"to be organized pursuant to Chapter
180 of the General Laws of the Commonwealth, for charitable and educational purposes
within the meaning of section 501(c)(3) of the United States Internal Revenue Code of
1986, as amended, which purposes are to benefit and to carry out the charitable,
educational and other exempt purposes of the Paul Pratt Memorial Library, a public
library in, of and for the Town of Cohasset, Massachusetts.
11
Section 2. All the members of the Board of Directors of such Cohasset Library Trust, Inc.
described in Section 1 of this Act shall be appointed to their position by majority vote
of the members present and voting of the Cohasset Board of Library trustees, for terms up
to three years, and the Cohasset Board of Library Trustees correspondingly is hereby
authorized to remove by such majority vote any such director, with or without cause, but
any such removal for cause shall be with notice and opportunity to be heard before the
Cohasset Board of Library Trustees. Any Library Trustee may be eligible to serve as a
member of the Board of Directors or as an officer of such Cohasset Library Trust, Inc. in
accordance with the By-Laws thereof and may contemporaneously serve as such a
director or officer, and upon the Board of Library Trustees, notwithstanding any law to
the contrary. Any Library Trustee may participate in any matter as a Library Trustee
involving Cohasset Library Trust, Inc. and any director or officer of the Cohasset Library
Trust, Inc. may participate in any matter involving the Cohasset Board of Library
Trustees notwithstanding the provisions of any other law to the contrary.
Section 3. No part of the assets or net earnings of Cohasset Library Trust, Inc. shall inure
to the benefit of, or be distributable to, its directors, officers or other private persons
except that the Cohasset Library Trust, Inc. shall be authorized and empowered to pay
reasonable compensation for services rendered and to make payments and distributions in
furtherance of the purposes set forth in Section 1 of this Act.
Section 4. The Treasurer of the Town of Cohasset shall serve ex officio as the Treasurer
of Cohasset Library Trust, Inc. described in Section 1 of this Act, and the Treasurer of the
Town may participate in any particular matter as Treasurer of the Town or as Treasurer
of the Cohasset Library Trust, Inc. notwithstanding any law to the contrary.
Section 5. Upon the effective date of this Act, the Treasurer of the Town is hereby
authorized to pay over from the Treasury of the Town of Cohasset and otherwise turn
over, to the Cohasset Library Trust, Inc. all endowment, trust, fiduciary, or other accrued
funds held by the Town of Cohasset for library purposes, and the Cohasset Library Trust,
Inc. Board of Directors shall, in consultation with such Treasurer decide upon and
implement investment decisions as to management of all funds paid over, including
investment in accounts, funds and investment instruments notwithstanding any law to the
contrary with respect to publicly held funds.
Section 6. The Town of Cohasset, acting by and through Town Meeting, is hereby
authorized to enact bylaws to carry out the purposes of this Act and to assign to Cohasset
Library Trust, Inc. additional duties within the scope of its charitable purposes. Cohasset
Library Trust, Inc. shall annually report to the town in the town's annual report, as to its
doings and assets.
12
Section 7. The provisions of Chapter 39 (section 23 A, 23 B and 23 C), Chapter 66
(section 10), Chapter 30 B, and Chapter 268 A of the General Laws, shall not apply to the
conduct of business of and by the Cohasset Library Trust, Inc.
Section 8. This Act shall take effect upon passage.
Motion adopted.
Article 10
To see if the Town will vote to authorize the purchase of equipment, supplies, and
communication instrumentalities to improve the towns Emergency Preparedness, or take
any other action relative thereto.
Supplies for evacuation shelter $5, 000
Calling system(reverse 911) $30,000
MOVED that the sum of Thirty-Five Thousand Dollars ($35,000) be transferred from
Free Cash and expended by the Town Manager for the purchase of equipment, supplies,
and communication instrumentalities to improve the towns Emergency Preparedness as
follows:
Supplies for evacuation shelter $5, 000
Calling system(reverse 911) $30,000
Motion adopted.
Article 11
To see if the Town will vote to amend Section 5.4 of the Zoning Bylaws, by adding new
note 15:
"In the DB district, in conjunction with the Site Plan Approval process, the Planning
Board may authorize yards and coverage which do not conform to the requirements of
Section 5.3.1 of the Zoning Bylaws regarding minimum yards and maximum structural
coverage by the grant of a Special Permit in accordance with the procedures and
standards stated in Section 12.4 of the Zoning Bylaw. The time limits for the Site Plan
Approval process pursuant to Section 12.6 of the Zoning Bylaw may be extended by
written agreement between the Planning Board and the applicant in order to comply with
the deadlines for hearing and final action pursuant to Section 12.4 of the Zoning Bylaw
and M.G.L. c.40A §9."
Or take any other action relative thereto.
13
MOVED that this article be indefinitely postponed.
Motion adopted.
Article 12
To see if the Town will vote to amend Section 5.3.1 of the Zoning Bylaw, by striking the
following sentence under the use heading "DISTRICT DB":
"Any permitted structure or principal use (except dwellings for occupancy by more than
one family)" and inserting in its place the following: "Any permitted structure or
principal use, including dwellings for occupancy by more than one family when in
conjunction with a business within the same building."
And further to see if the Town will vote to amend Section 5.3.1 of the Zoning Bylaw by
striking the following sentence and the associated dimensional requirements under the
use heading "DISTRICT DB": "Dwellings for occupancy by more than one family",
Or take nay other action relative thereto.
MOVED that this article be indefinitely postponed.
Motion adopted.
Article 13
To see if the Town will vote to amend Section 7.2 of the Zoning Bylaw by adding the
following after paragraph 13:
"14: In the Downtown Business District, within 500' of the municipal parking lot
bounded by Pleasant Street and James Lane, the Planning Board may authorize parking
which does not comply with the parking requirements for a mixed use business and
residential building by granting a Special Permit in accordance with the procedures
outlined in Section 12.4 of this Zoning Bylaw and as a part of the Site Plan Approval
process"
Or take any other action relative thereto.
MOVED that this article be indefinitely postponed.
Motion adopted.
14
Article 14
To see if the Town will vote to apply to the Secretary of Environmental Affairs pursuant
to Sections 31-33 of Chapter 184 of the General Laws and any other applicable law to
place a Conservation Restriction to be held in perpetuity by the Trustees of Reservations
or other non profit conservation or land trust organization on an 8.715 acre parcel of land
identified by the Assessor Map 42, Lot 041 and recorded in the Norfolk Country Registry
of Deeds Lands Records Abstract Book page 9880-490, recorded: 05-19-1993, Inst #:
60113 which is adjacent to Peppermint Brook, a tributary to Lily Pond to preserve the
unique qualities of this parcel which are necessary to protect the quality of the public
drinking water supply of the Town of Cohasset; or take any other action relative thereto.
CITIZEN'S PETITION
Name Address Name Address
Karen M. Quigley 27 Clay Spring Road Richard Brooks 68 Nichols Road
John K. McNabb, Jr. 53 Pond Street Jim Shipsky 58 Doane Street
Peter Pratt 75 Ripley Road Richard Silva 445 Beechwood St.
R. W. Swanborg 48 Nichols Road Stuart Ivimey 7 Sankey Road
Jim Hamilton 298 King Street Leonora Jenkins 198 Jerusalem Rd.
MOVED that the Board of Selectmen be authorized to apply to the Secretary of
Environmental Affairs pursuant to Section 31-33 of Chapter 184 of the General Laws and
any other applicable law to place a Conservation Restriction to be held in perpetuity by
the Trustees of Reservations or other non profit conservation or land trust organization on
an 8.715 acre parcel of land identified by the Assessor Map 42, Lot 041 and recorded in
the Norfolk Country Registry of Deeds Lands Records Abstract Book page 9880-490,
recorded: 05-19-1993, Inst#: 60113 which is adjacent to Peppermint Brook, a tributary to
Lily Pond to preserve the unique qualities of this parcel which are necessary to protect
the quality of the public drinking water supply of the Town of Cohasset.
A 2/3's vote required. Hand count taken Yes - 128: No - 51. Motion adopted.
Article 15
To see if the Town will accept a gift for the purpose of establishing a scholarship to be
known as "The Gia Barresi Award", the terms of which scholarship are as follows:
15
Recipient: a female student graduating from Cohasset High School who has achieved
high honor roll three of four terms, has engaged in athletic or other extra curricular
activities two of three seasons during each academic year, has enrolled in a full-time four
year accredited college or university and has exhibited outstanding leadership qualities in
school or in the community.
Principal of Scholarship Fund: the amount contributed herewith together with such
amounts as shall hereafter be contributed to the fund from time to time and which the
Town is hereby authorized and directed to accept.
Committee: There shall be appointed a Gia Barresi Committee consisting initially of
Kristin W. Rosano of Cohasset, Massachusetts; Tara Pompeo of Amherst, New
Hampshire; Jennifer Markulec of Titusville, New Jersey, Maureen Buckley of Cotati,
California and Maureen McCarthy of Cohasset, Massachusetts ("Committee"). The
Committee shall consult with the School Committee and the Superintendent in
connection with the awarding of the Scholarship from time to time. The Committee
reserves the right to designate successors on the occasion of a resignation or other
inability to serve by an original member.
Amount of Scholarship Stipend: the net amount accumulated on the principle to the first
of the month in which the recipient is designated, provided the Superintendent with the
consent and approval of the School Committee and the Gia Barresi Award Committee
may determine the amount of each stipend from available net income.
The Superintendent of Schools with the consent and approval of the School Committee
after consulting with the Committee determines that the income is not sufficient to carry
out the intent and purpose of the gift, the Superintendent may encroach upon principal in
any year, but only to the extent of 1/201h of the amount of the original principal of the
gift.
Use of Stipend: The amount awarded to each recipient shall be used to help defray the
expenses of pursuing a course of study in an accredited college or university.
Administration of Scholarship: Each recipient of the scholarship shall be chosen by the
Superintendent with the consent of the School Committee after consulting with the
Committee.
The name of each recipient, the award and the institution to be attended shall be
announced at the graduating ceremonies of the Senior Class of Cohasset High School or
by other appropriate means or at other appropriate times. The then members of the
Committee shall be invited to attend the function at which such announcement is made.
16
The Town of Cohasset or the Superintendent with the consent and approval of the School
Committee, and after consultation with the Committee, may prescribe rules to effectuate
this scholarship and the terms herein set forth.
Investment of Principal of the fund shall be governed by the common law and statutory
standards applicable to charitable trusts in Massachusetts.
The administrative officer of the fund shall have in addition to those powers generally
conferred upon a trustee in the Commonwealth of Massachusetts, the following
discretionary powers:
(a) To administer, invest, and re-invest in any property, including real
and personal property, stocks,bonds and other securities;
(b) To sell and exchange all or any part of the property held by the
Fund without order or license from any court, and directs any and
all deeds necessary or appropriate therefore;
(c) To determine in accordance with reasonable accounting practice
what shall belong and be chargeable to income;
Frequency of Award: A scholarship may but need not be awarded each academic year;
or, act on anything related thereto.
MOVED that a gift be hereby accepted for the purpose of establishing a scholarship to be
known as "The Gia Barresi Award", the terms of which scholarship are as printed in the
warrant.
Amendment offered by James Lagrotteria.
MOVED that this article be indefinitely postponed.
Amendment adopted.
Article 16
To see if the Town will vote to raise and appropriate or transfer from available funds or
borrow pursuant to any applicable statute, a sum or sums of money to be expended by the
Town Manager to reconstruct a sidewalk on Beechwood Street from South Main Street to
the westerly intersection of Norman Todd Road, or take any other action relative thereto.
17
MOVED that One Hundred Thousand Dollars ($100,000) be appropriated, with the
intention that these funds by available in FY 2006 and, thereafter, to be expended by the
Town Manager, for the purpose of reconstructing a sidewalk on Beechwood Street from
South Main Street to approximately the easterly intersection of Norman Todd Road, and,
that to fund this appropriation, the Treasurer, with the approval of the Board of
Selectmen, is hereby authorized to borrow One Hundred Thousand Dollars ($100,000),
under and pursuant to Chapter 44, Section 7(6), of the General Laws of the
Commonwealth, 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 by the required majority.
Article 17
To see if the Town will vote to amend the scope of authorization voted and the amount of
funds appropriated for the "Cook project" pursuant to Article 4 of the November 17,
2003, Special Town Meeting as follows:
first to expand the authorization previously so voted by authorizing the Board of
Selectmen, notwithstanding any limitation contained in said motion voted pursuant to
said Article 4, to acquire by purchase, gift or eminent domain all or any part of the
property commonly known as the Cook Property described below and as
more particularly described in the motion voted pursuant to said Article 4, for general
municipal purposes and further to authorize the Board of Selectmen to hold same for
general municipal purposes indefinitely, or in their discretion to dispose of all or a
portion of the property so acquired pursuant to this Article or pursuant to said motion
pursuant to Article 4 of the 2003 November Special Town Meeting, subject to Chapter
30 B of the General Laws, by soliciting proposals for development of said property for
such public or private purposes as may be determined by the Board of Selectmen; and
second,to see what sum of money the town will vote to raise and appropriate, borrow
pursuant to any applicable statute or transfer from available funds to increase the funds
appropriated in the motion pursuant to Article 4 of the 2003 November Special Town
Meeting, thereby amending the appropriation as originally voted from Four Million Five
Hundred Thousand Dollars ($4,500,000) to a new higher total appropriation; such Cook
project property consisting o£
18
(a) five parcels of vacant land located on the northerly side of Sohier Street, numbered
235, 243, 249, 255 and 261 Sohier Street and identified as Assessor's Map 43, Plots 25,
26, 28, 30 and 31, containing approximately 3 acres in the aggregate, and
(b) three parcels of land located on the southerly side of Sohier Street, together with the
buildings and improvements thereon known and numbered as 230 Sohier Street, shown
as Lot 1 A, 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 as Plan No. 744 of 2002 in Plan Book 503,
containing in the aggregate, according to said plan, 18.92 acres, and shown on Assessor's
Map 43 as Plots 2, 3A, and part of Plot 1, and Assessor's Map 42 as Plots 27, 39, and part
of Plot 38 or to take any other action related thereto.
MOVED that this article be indefinitely postponed.
Motion adopted.
It was moved and seconded that the Special Town Meeting be dissolved at 10:35 p.m.
A true record,ATTEST:
Marion L. Douglas
Town Clerk
19
20
21
22
23