HomeMy WebLinkAboutMinutes - TM - 11/17/2008 INDEX SPECIAL TOWN MEETING—NOVEMBER 17, 2008
Article# Description of Article
1 Amendments to Fy09 Budget. Unanimous
2 Union contracts&other salary adjustments. Unanimous
3 Capital improvements budget. Unanimous
4 Community Preservation Committee — Open Space & recreation
plan. Unanimous.
5 Release of easements&right of way. Unanimous.
6 Conservation restrictions for open space. Unanimous.
7 Jerusalem Road Wall&Roadway. Unanimous.
8 Town Hall restoration project. Unanimous.
9 Funding for alternative energy options. Unanimous.
10 Zoning bylaw reconciliation. Unanimous.
11 Grant of easement for gas line — parcel 89 on assessor map 27.
Unanimous.
12 Jacobs Meadow culvert repair&upgrade. Unanimous.
13 Turf field & track at Clark Chatterton Athletic Complex. Adopted
by required 2/3's.
SPECIAL TOWN MEETING
MONDAY,NOVEMBER 17,2008
At the Special Town Meeting held on Monday, November 17, 2008 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,
Sandra Murray, Abigail Alves, Debra Krupczak and James Carroll. Tellers were appointed and
sworn in by the Moderator,Daniel Evans.
The Moderator called the meeting to order at 7:18 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 — 174; and Precinct
2— 104 for a total of 278 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. Citizens recited the
pledge of allegiance.
ARTICLE 1: AMENDMENTS TO FISCAL 2009 OPERATING BUDGET
To see what additional action the Town will vote to amend, modify, increase or decrease, or
otherwise, to balance the Fiscal Year 2009 Operating Budget as voted in Article 3 of the March
29, 2008 Annual Town Meeting, including proposed revised appropriations and any additional
sums the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or
transfer 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 related thereto.
MOVED that Twenty Thousand Dollars ($20,000)be hereby appropriated to add to and increase
the amounts voted pursuant to Article 3 of the March 29, 2008 Annual Town Meeting as adjusted
as set forth below, and to fund such appropriation the amount of Twenty Thousand Dollars
($20,000)be raised from taxation and other general revenues of the Town:
Original Proposed Revised
Aporopriation/Account Appropriation Appropriation Increase
Unemployment
General Expenses $20,000 $40,000 $20,000
And further that the amounts appropriated pursuant to Article 3 of the March 29, 2008 Annual
Town Meeting be reduced by the amount of Five Hundred Six Thousand One Hundred Eighty
Seven Dollars($506,187) as a result of the decreases listed below,
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Original Proposed Revised
Appropriation/Account Appropriation Appropriation (Decrease)
Debt Service—Excluded Principal $1,885,920 $1,609,820 ($276,100)
Debt Service—Excluded Interest $1,114,548 $ 884,461 ($230,087)
Motion adopted unanimously.
ARTICLE 2: UNION CONTRACTS & OTHER SALARY ADJUSTMENTS
To see if the Town will vote to raise and appropriate borrow pursuant to any applicable statute,
and/or transfer from available funds, a sum or sums of money, to be expended by the Town
Manager, to fund the FY09 cost items of a collective bargaining agreement between the Town,
represented by the Board of Selectmen, and the Fire Department employees represented by Local
2804, Cohasset Permanent Firefighters,the Police Department employees represented by the New
England Police Benevolent Association, AFL-CIO, the civilian dispatch employees represented
by Teamsters Local Union No. 25, the Library employees represented by SEW Local 888,
Clerical employees represented by SEIU Local 888, in accordance with Chapter 150E of the
General laws, and to fund salary adjustments for non-union and employees with individual
employment contracts, or take any other action related thereto.
MOVED that the sum of Ninety Six Thousand Dollars ($96,000)be appropriated to fund the FY
09 cost items of certain collective bargaining agreements in accordance with Chapter 150E of the
General Laws, and to fund salary adjustments for non union employees and employees with
individual employment contracts, as follows:
Civilian Dispatchers represented by Teamsters Local Union No. 25 $6,500
Library employees represented by SEIU Local 888 $11,500
Clerical employees represented by SEIU Local 888 $13,000
Salary adjustments for non-union and employees with individual employment contracts as set
forth in a schedule on file with the office of the Town Clerk$65,000
And to fund this appropriation, Ninety Six Thousand Dollars ($96,000)be raised from the FY 09
tax levy and other general revenues of the Town.
And further that the sum of One Hundred Four Thousand Dollars ($104,000) be appropriated to
the Town Manager's Personal Services budget to add to and increase the amounts voted pursuant
to Article 3 of the March 29, 2008 Annual Town Meeting to a new total of$229,000, for the
purpose of future funding of currently unresolved collective bargaining agreements for FY09; and
to fund this appropriation, One Hundred Four Thousand Dollars ($104,000) be raised from the
FY 09 tax levy and other general revenues of the Town.
Motion adopted unanimously.
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ARTICLE 3: CAPITAL IMPROVEMENTS BUDGET
To see if the Town will vote to raise and appropriate, transfer from available funds, lease or
borrow pursuant to any applicable statute, a sum of money to fund various capital improvements,
capital projects and/or capital equipment for the various departments, boards, commissions and
agencies of the town, or take any other action related thereto.
MOVED
That One Hundred Sixty Thousand($160,000) Dollars be hereby appropriated, with the intention
that these funds be available in FY 09 and beyond, to be expended by the Town Manager for the
acquisition of an ambulance and for the Fire Department, and to fund this appropriation, either of
two alternative methods may be employed: (i) the Treasurer, with the approval of the Board of
Selectmen,is authorized to borrow One Hundred Sixty Thousand ($160,000) Dollars under and
pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, and to issue
bonds an notes of the Town, therefore, such borrowing to be a general obligation of the Town, or
(ii) the Town Manager, with the approval of the Board of Selectmen is authorized to enter into a
lease/purchase agreement for said ambulance for a period not to exceed five years; and
That Thirty Thousand ($30,000) Dollars be hereby appropriated, with the intention that these
funds be available in FY09 and beyond, to be expended by the Town Manager for the acquisition
of a command vehicle for the Fire Department; and that to fund this appropriation, the Treasurer,
with the approval of the Board of Selectmen, is hereby authorized to borrow Thirty Thousand
($30,000) Dollars under and pursuant to Chapter 44, Section 7 of the Massachusetts General
Laws, as amended, and to issue bonds and notes of the Town, therefore, such borrowing to be a
general obligation of the Town, or (ii) the Town Manager, with the approval of the Board of
Selectmen is authorized to enter into a lease/purchase agreement for said command vehicle for a
period not to exceed three years; and
That Twenty Nine Thousand ($29,000) Dollars be hereby appropriated, with the intention that
these funds be available in FY09 and beyond, to be expended by the Town Manager for the
acquisition of a police cruiser for the Police Department; and that to fund this appropriation, the
Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Twenty
Nine Thousand ($29,000) Dollars under and pursuant to Chapter 44, Section 7 of the
Massachusetts General Laws, as amended, and to issue bonds an notes of the Town, therefore,
such borrowing to be a general obligation of the Town, or (ii) the Town Manager, with the
approval of the Board of Selectmen is authorized to enter into a lease/purchase agreement for said
police cruiser for a period not to exceed three years; and
That Twenty Five Thousand ($25,000) Dollars be hereby appropriated, with the intention that
these funds be available in FY09 and beyond, to be expended by the Town Manager for the
acquisition of a heart monitor/defibrillator for the Fire Department; and that to fund this
appropriation, the sum of Twenty Five Thousand ($25,000) Dollars be transferred from the
Capital Stabilization Fund; and
That Ten Thousand ($10,000) Dollars be hereby appropriated, with the intention that these funds
be available in FY09 and beyond, to be expended by the Town Manager for the acquisition of a
Jaws of Life for the Fire Department; and that to fund this appropriation, the sum of Ten
Thousand($10,000)Dollars be transferred from the Capital Stabilization Fund; and
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That Ten Thousand ($10,000) Dollars be hereby appropriated, with the intention that these funds
be available in FY09 and beyond, to be expended by the Town Manager for the acquisition of
public computers for the Library; and that to fund this appropriation, the sum of Ten Thousand
($10,000)Dollars be transferred from the Capital Stabilization Fund.
A 2/3's vote required.
Motion adopted unanimously.
ARTICLE 4: COMMUNITY PRESERVATION COMMITTEE
To see what action the Town will take with respect to the recommendations of the Community
Preservation Committee for Fiscal Year 2009, 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,transferring from available funds,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 related thereto.
MOVED
Recommendation A:
Applicant has withdrawn application for funding of Item A, so no motion will be offered; and
That Twenty-Five Thousand Dollars ($25,000), be hereby appropriated with the intention that
these funds be available in FY 2009 and thereafter, which funds are to be expended by the Town
Manager, for the purposes of preparing a new and required Open Space and Recreation Plan for
the Town of Cohasset, which shall include the retention of qualified consultant(s) and expert(s)
necessary for the completion of this task, and to meet this appropriation Twelve Thousand
Dollars ($12,000) be transferred from the Community Preservation Fund Open Space Sub
Account and Thirteen Thousand Dollars ($13,000) be transferred from the Community
Preservation Fund Discretionary Account; and
That Fifteen Thousand Dollars ($15,000) be hereby appropriated with the intention that these
funds be available in Fiscal 2009 and thereafter, which funds are to be expended by the Town
Manager for the purposes of conducting the necessary engineering studies and preparing the
engineering drawings for the restoration of the pond located on Cohasset Common, and to meet
this appropriation Fifteen Thousand Dollars ($15,000) be transferred from the Community
Preservation Fund Historical Resources Sub Account.
Motion adopted unanimously.
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ARTICLE 5: RELEASE OF EASEMENTS AND RIGHT OF WAY
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, release or
otherwise dispose of all or any portions of the following property and interests formerly held by
the Town's Board of Water Commissioners for the purposes of conveying water throughout the
Town, subject to Massachusetts G.L. 30B:
the 12-foot wide easement located off Nichols Road, granted by Charles O. Smith and Marjorie
M. Smith to the Town pursuant to that certain grant of easement dated May 3, 1955 and recorded
at the Norfolk County Registry of Deeds in Book 3365,Page 515, and
the 30-foot wide right of way located off 100 Pleasant Street, acquired by the Town pursuant to
that certain instrument of taking dated August 18, 1886 and recorded at the Norfolk County
Registry of Deeds in Book 581,Page 360,
MOVED that the Board of Selectmen be authorized to sell, convey, release or otherwise dispose
of all or any portions of the following property and interests formerly held by the Town's Board
of Water Commissioners for the purposes of conveying water throughout the Town, subject to
Massachusetts G. L. 30B: the 12-foot wide easement located off Nichols Road, granted by
Charles O. Smith and Marjorie M. Smith to the Town pursuant to that certain grant of easement
dated May 3, 1955 and recorded at the Norfolk County Registry of Deeds in Book 3365, Page
515.
A 2/3's vote required. Motion adopted unanimously.
ARTICLE 6: CONSERVATION RESTRICTIONS FOR OPEN SPACE
To see if the Town will vote to authorize the Board of Selectmen and Board of Water
Commissioners to sell, grant or convey or otherwise dispose to the Trustees of Reservations or to
a governmental body of the Commonwealth of Massachusetts or a non-profit organization whose
mission is to conserve our natural resources a conservation restriction on, easements over and
other lesser interests in the parcels listed below and shown on that certain plan entitled "Brass
Kettle Brook Conservation Area, Cohasset, Massachusetts," dated September 22, 2008, and on
file with the Board of Water Commissioners; to grant and reserve to National Grid (USA), Inc.
easements for use of portions of such parcels for the purposes of maintaining poles, wires,
conduits and other facilities and improvements necessary for the transmission of electricity and
intelligence, as shown on that certain plan entitled "Compiled Plan of Land off King Street,
Cohasset, MA," dated October 3, 2007 and on file with the Board of Water Commissioners; and
further to petition the General Court for enactment of a Home Rule special act set forth below and
to request the Town's representatives to the General Court to introduce a Special Act set forth
below, and further to authorize the General Court, with the approval of the Board of Selectmen
and the Board of Water Commissioners, to make constructive changes in language as may be
necessary or advisable towards perfecting the intent of this legislation in order to secure passage.
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AN ACT APPROVING THE TOWN OF COHASSET TO
GRANT, SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN INTERESTS IN
LAND SITUATED IN THE TOWN OF COHASSET ACQUIRED FOR
CONSERVATION,
OPEN SPACE AND WATER PROTECTION PURPOSES
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts, and notwithstanding the provisions of any general or special
law to the contrary, the Town of Cohasset, acting by and through its Board of Selectmen and
Board of Water Commissioners, is hereby authorized to grant to the Trustees of Reservations or
to a governmental body of the Commonwealth of Massachusetts or a non-profit organization
whose mission is to conserve our natural resources, a conservation restriction on, easements over
and other lesser interests in the parcels listed below and shown on that certain plan entitled"Brass
Kettle Brook Conservation Area, Cohasset, Massachusetts," dated September 22, 2008, and on
file with the Board of Water Commissioners or any portions thereof, for conservation, open space
and water protection purposes; to grant and reserve to National Grid (USA), Inc. easements for
use of portions of such parcels for the purposes of maintaining poles, wires, conduits and other
facilities and improvements necessary for the transmission of electricity and intelligence, as
shown on that certain plan entitled "Compiled Plan of Land off King Street, Cohasset, MA,"
dated October 3, 2007 and on file with the Board of Water Commissioners, or to take any other
action related thereto.
MAP PARCEL LOCATION MAP PARCEL LOCATION
54 19 Off Riverview Drive 60 13 Off King Street
54 24 Off Riverview Drive 65 1 Off King Street
54 27 Off Riverview Drive 65 2 Off King Street
54 25 Off Riverview Drive 65 3 Off King Street
54 33 Off Riverview Drive 65 4 Off King Street
56 12 Off King Street 65 5 Off King Street
56 14 Off Doane Street 65 6 Off King Street
56 15 Off Doane Street 65 6B Off King Street
56 16 Off Doane Street 65 7 Off King Street
56 16A Off Doane Street 65 8 Off King Street
56 52 Off Doane Street 65 9 Off King Street
59 11 Off King Street 65 10 Off King Street
59 12 Off King Street 65 18 Off King Street
59 13 Off King Street 65 19 Off King Street
60 1 Off King Street 65 19 Off King Street
60 2 Off King Street 65 35 Off King Street
60 3 Off King Street 66 1 Off King Street
60 4 Off King Street 66 2 Off King Street
60 5 Off King Street 66 3 Off King Street
60 6 Off King Street 66 4 Off King Street
60 7 Off King Street 66 5 Off King Street
60 8 Off King Street 66 6 Off King Street
60 9 Off King Street 66 7 Off King Street
60 10 Off King Street 72 1 Off Howes Lane
60 11 Off King Street 72 2 Off Howes Lane
60 12 Off King Street 72 3 Off Howes Lane
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Section 2. This act shall take effect upon its passage.
MOVED that the Board of Selectmen and/or the Board of Water Commissioners be authorized to
sell, grant or convey or otherwise dispose to the Trustees of Reservations or to a governmental
body of the Commonwealth of Massachusetts or a non-profit organization whose mission is to
conserve our natural resources a conservation restriction on, easements over and other lesser
interests in the parcels listed below and shown on that certain plan entitled "Brass Kettle Brook
Conservation Area, Cohasset, Massachusetts," dated September 22, 2008, and on file with the
Board of Water Commissioners; to grant to and reserve for National Grid (USA), Inc. easements
for use of portions of such parcels for the purposes of maintaining poles, wires, conduits and
other facilities and improvements necessary for the transmission of electricity and intelligence, as
shown on that certain plan entitled "Compiled Plan of Land off King Street, Cohasset, MA,"
dated October 3, 2007 and on file with the Board of Water Commissioners; and further to petition
the General Court for enactment of a Home Rule special act set forth below and to request the
Town's representatives to the General Court to introduce a Special Act set forth below, and
further to authorize the General Court,with the approval of the Board of Selectmen and the Board
of Water Commissioners, to make constructive changes in language as may be necessary or
advisable towards perfecting the intent of this legislation in order to secure its passage.
AN ACT APPROVING THE TOWN OF COHASSET TO
GRANT, SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN INTERESTS IN
LAND SITUATED IN THE TOWN OF COHASSET ACQUIRED FOR
CONSERVATION,
OPEN SPACE AND WATER PROTECTION PURPOSES
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts, and notwithstanding the provisions of any general or special
law to the contrary, the Town of Cohasset, acting by and through its Board of Selectmen and
Board of Water Commissioners, is hereby authorized to grant to the Trustees of Reservations or
to a governmental body of the Commonwealth of Massachusetts or a non-profit organization
whose mission is to conserve our natural resources, a conservation restriction on, easements over
and other lesser interests in the parcels listed below and shown on that certain plan entitled"Brass
Kettle Brook Conservation Area, Cohasset, Massachusetts," dated September 22, 2008, and on
file with the Board of Water Commissioners or any portions thereof, for conservation, open space
and water protection purposes; to grant and reserve to National Grid (USA), Inc. easements for
use of portions of such parcels for the purposes of maintaining poles, wires, conduits and other
facilities and improvements necessary for the transmission of electricity and intelligence, as
shown on that certain plan entitled "Compiled Plan of Land off King Street, Cohasset, MA,"
dated October 3, 2007 and on file with the Board of Water Commissioners.
MAP PARCEL LOCATION MAP PARCEL LOCATION
54 19 Off Riverview Drive 60 13 Off King Street
54 24 Off Riverview Drive 65 1 Off King Street
54 27 Off Riverview Drive 65 2 Off King Street
54 25 Off Riverview Drive 65 3 Off King Street
54 33 Off Riverview Drive 65 4 Off King Street
56 12 Off King Street 65 5 Off King Street
56 14 Off Doane Street 65 6 Off King Street
56 15 Off Doane Street 65 6B Off King Street
56 16 Off Doane Street 65 7 Off King Street
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56 16A Off Doane Street 65 8 Off King Street
56 52 Off Doane Street 65 9 Off King Street
59 11 Off King Street 65 10 Off King Street
59 12 Off King Street 65 18 Off King Street
59 13 Off King Street 65 19 Off King Street
60 1 Off King Street 65 19 Off King Street
60 2 Off King Street 65 35 Off King Street
60 3 Off King Street 66 1 Off King Street
60 4 Off King Street 66 2 Off King Street
60 5 Off King Street 66 3 Off King Street
60 6 Off King Street 66 4 Off King Street
60 7 Off King Street 66 5 Off King Street
60 8 Off King Street 66 6 Off King Street
60 9 Off King Street 66 7 Off King Street
60 10 Off King Street 72 1 Off Howes Lane
60 11 Off King Street 72 2 Off Howes Lane
60 12 Off King Street 72 3 Off Howes Lane
Section 2. This act shall take effect upon its passage.
A 2/3's vote required. Motion adopted unanimously.
Proclamation offered by Ted Carr, Chairman of the Board of Selectmen for Stephen
Bowen.
PROCLAMATION
WHEREAS CAPTAIN STEPHEN G. BOWEN was born and raised in Cohasset and is a 1982
graduate of Cohasset High school where he was a star student and athlete; and
WHEREAS CAPTAIN BOWEN is a graduate of the United States Naval Academy and holds a
Degree of Ocean Engineering from the Massachusetts Institute of Technology; and
WHEREAS CAPTAIN BOWEN serves in the United States Navy with a specialty in nuclear
submarines, and in May of 2000 became the first Executive Officer of the first of the new
VIRGINIA Class submarines; and
WHEREAS CAPTAIN BOWEN was selected by NASA in July of 2000 as the first Submarine
Officer to ever serve as a member of the crew of a space shuttle mission; and
WHEREAS CAPTAIN BOWEN is currently a member of the six person crew of the Space
Shuttle Endeavor which launched from the Kennedy Space Center on November 14th for a sixteen
day mission to help double the living quarters of the International Space Station; and
WHEREAS CAPTAIN BOWEN will be making a total of three spacewalks during the course
of the space shuttle mission, during which he will spend close to twenty hours undertaking highly
technical work in support of the International Space Station.
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NOW THEREFORE BE IT RESOLVED that on behalf of all the citizens of Cohasset, the
Board of Selectmen and the November 17, 2008 Cohasset Town Meeting hereby hail the
accomplishments and bravery of CAPTAIN STEPHEN G. BOWEN both for his highly
decorated service in the United States Navy and as a crew member of the Space Shuttle
Endeavor, and call upon the citizens of Cohasset to recognize and honor the incredible
service of this Cohasset native son and wish both he and the entire Space Shuttle Crew a
safe journey home.
Given under our hands and the seal of the Town of Cohasset on this seventeenth day of
November in the year Two Thousand and Eight.
Proclamation adopted unanimously.
ARTICLE 7: REINFORCEMENT TO CURRENT DESIGN STANDARDS OF
JERUSALEM ROAD WALL AND ROADWAY
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or
borrow, pursuant to any applicable statue, a sum or sums of money, to be expended by the Town
Manager, to reinforce and/or otherwise bring up to current design standards the roadway and
deficient retaining wall system currently located on the easterly side of Jerusalem Road between
Bow Street and Steep Rocks Way, so as to ensure sufficient stability to support the intended
vehicle loads, to acquire by purchase, gift, eminent domain, or otherwise, temporary and
permanent real estate easements, leases or other interests in private ways and lands for the
purpose of implementing said improvements, to determine whether this appropriation shall be
raised by borrowing from the Massachusetts Water Pollution Abatement Trust, or to take any
action related thereto.
MOVED that Two Hundred Seventy Thousand ($270,000) Dollars be hereby appropriated, with
the intention that these funds be available in FY09 and beyond, to be expended by the Town
Manager to reinforce and/or otherwise bring up to current design standards the roadway and
deficient retaining wall system currently located on the easterly side of Jerusalem Road between
Bow Street and Steep Rocks Way; and that to fund this appropriation, the Treasurer, with the
approval of the Board of Selectmen, is hereby authorized to borrow Two Hundred Seventy
($270,000) Dollars pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as
amended, and to issue bonds an notes of the Town, therefore, such borrowing to be a general
obligation of the Town.
A 2/3's vote required. Motion adopted unanimously.
ARTICLE 8: TOWN HALL RESTORATION PROJECT
To see if the Town of Cohasset will vote to authorize the Board of Selectmen to accept grants,
gifts, tax credits, and monies for the purposes of restoring and renovating the Cohasset Town
Hall, or take any other action related thereto.
MOVED that the Board of Selectmen be hereby authorized to accept grants, gifts,tax credits, and
monies for the purposes of restoring and renovating the Cohasset Town Hall.
The following resolution would replace the motion.
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RESOLUTION
MOVED that the Board of Selectmen be hereby authorized and encouraged to pursue grants,
gifts, tax credits, and monies for the purposes of restoring and renovating the Cohasset Town
Hall.
Resolution adopted unanimously.
ARTICLE 9: FUNDING FOR ALTERNATIVE ENERGY COMMITTEE
To see if the Town will vote to raise, appropriate or transfer from a available funds, or borrow
pursuant to any applicable statute a sum of money to be expended by the Town Manager with the
approval of the Alternative Energy Committee,to continue to engage consulting services to assist
the Committee to investigate alternative energy options for the Town, pursue grant funding,
promote clean energy alternatives within the community, and related duties, or take any other
action related thereto.
MOVED that the sum of Ten Thousand Dollars ($10,000)be appropriated to be expended by the
Town Manager with the approval of the Alternative Energy Committee, to engage consulting
services to assist the Committee to investigate alternative energy options for the Town, pursue
grant funding,promote clean energy alternatives within the community, and related duties; and to
fund this appropriation, Ten Thousand Dollars ($10,000)be raised from the FY 09 tax levy and
other general revenues of the Town.
Motion adopted.
ARTICLE 10: ZONING BYLAW RECONCILIATION
To see if the Town will vote to amend the Town of Cohasset Zoning Bylaws, as follows:
That Section 7.1 in the column entitled "Number of Parking Spaces Required Per Unit" for Use
"L" be amended in line 6 by changing the word "on" to "of' so that said Section 7.1, Use L as
amended shall read as follows: "One space per unit unless the apartments are proposed within
that portion of a building existing on 115155 or unless a reduced number is specifically authorized
within the final action of the special permit granting authority upon a finding that one space per
unit is not necessary for public safety and convenience,that the creation of on-site parking spaces
is incompatible with approved design guidelines or that adequate provision for parking has
otherwise been proposed."
That Section 17.3.2, second sub-section "f' reading as follows: "Any other information required
by the Planning Board in the rules and regulations adopted by it with respect to such special
permit process."be amended to be re-labeled as sub-section"g".
That Section 17.4.1, sub-section "g" reading as follows: "Buildings and uses accessory to the
above, including, without limitation, parking garages that are accessory to dwelling units and
cafeterias." be amended to be re-labeled as sub-section"f'.
That Section 17.9.3, be amended in line 1 by changing "Rules are Regulations consistent ..." to
read "Rules and Regulations consistent ..." so that Section 17.9.3 as amended shall read as
follows: "The Planning Board shall adopt, and from time to time amend, Rules and Regulations
consistent with the provisions of this Zoning Bylaw, Chapter 40A of General Laws and other
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applicable provisions of the General Laws and shall file a copy of said rules and regulations with
the Town Clerk. Such rules and regulations shall, subject to provisions of this Section 17,
prescribe as minimum the size, contents, form, style and number of plans and specifications, the
Town boards or Departments from which the Planning Board will request written reports and the
procedure for submission and approval of a Special Permit under the provisions of this section.
The Planning Board shall also specify the fees to be paid in connection with application for a
TOD Overlay Development, bonding requirements to satisfy conditions of approval, and
reporting requirements to satisfy compliance with the affordability restrictions. Other
specifications as deemed necessary by the Planning Board shall be included in the Rules and
Regulations. Failure to adopt such Rules and Regulations shall not affect the validity of this
Section 17."
That Section 19.4.1.3.c, be amended by changing "S.P.G.A." to read "SPGA" as is used
throughout the rest of the document, so that Section 19.4.1.3.c as amended shall read as follows:
"c) All signs shall comply with the requirements of the Town's sign regulations unless relief is
granted by the SPGA."
That Section 19.7.2, line 3, be amended to correct the first quotation mark by changing
"Physically remove" to read "Physically remove", so that Section 19.7.2 as amended shall read
as follows: "Upon abandonment or discontinuation of use,the owner shall physically remove the
wind turbine(s) within 90 days from the date of abandonment or discontinuation of use. This
period may be extended at the request of the owner and at the discretion of the SPGA.
"Physically remove" shall include,but not be limited to:"
That Section 19.9.1.Special Permit Granting Authority(SPGA), line 1,be amended by changing
"Wind Turbine(s) is ..." to read "Wind Turbine(s) in ...", so that Section 19.9.1.Special Permit
Granting Authority (SPGA) as amended shall read as follows: "The SPGA for wind energy
conversion facilities, also referred to as Wind Turbine(s) in this bylaw shall be the Planning
Board."
MOVED that the Town's Zoning Bylaws be amended as follows:
That Section 7.1 in the column entitled "Number of Parking Spaces Required Per Unit" for Use
"L" be amended in line 6 by changing the word "on" to "of' so that said Section 7.1, Use L as
amended shall read as follows: "One space per unit unless the apartments are proposed within
that portion of a building existing on 115155 or unless a reduced number is specifically authorized
within the final action of the special permit granting authority upon a finding that one space per
unit is not necessary for public safety and convenience,that the creation of on-site parking spaces
is incompatible with approved design guidelines or that adequate provision for parking has
otherwise been proposed."
That Section 17.3.2, second sub-section "f' reading as follows: "Any other information required
by the Planning Board in the rules and regulations adopted by it with respect to such special
permit process."be amended to be re-labeled as sub-section"g".
That Section 17.4.1, sub-section "g" reading as follows: "Buildings and uses accessory to the
above, including, without limitation, parking garages that are accessory to dwelling units and
cafeterias." be amended to be re-labeled as sub-section"f'.
That Section 17.9.3, be amended in line 1 by changing "Rules are Regulations consistent ..." to
read "Rules and Regulations consistent ..." so that Section 17.9.3 as amended shall read as
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follows: "The Planning Board shall adopt, and from time to time amend, Rules and Regulations
consistent with the provisions of this Zoning Bylaw, Chapter 40A of General Laws and other
applicable provisions of the General Laws and shall file a copy of said rules and regulations with
the Town Clerk. Such rules and regulations shall, subject to provisions of this Section 17,
prescribe as minimum the size, contents, form, style and number of plans and specifications, the
Town boards or Departments from which the Planning Board will request written reports and the
procedure for submission and approval of a Special Permit under the provisions of this section.
The Planning Board shall also specify the fees to be paid in connection with application for a
TOD Overlay Development, bonding requirements to satisfy conditions of approval, and
reporting requirements to satisfy compliance with the affordability restrictions. Other
specifications as deemed necessary by the Planning Board shall be included in the Rules and
Regulations. Failure to adopt such Rules and Regulations shall not affect the validity of this
Section 17."
That Section 19.4.1.3.c, be amended by changing "S.P.G.A." to read "SPGA" as is used
throughout the rest of the document, so that Section 19.4.1.3.c as amended shall read as follows:
"c) All signs shall comply with the requirements of the Town's sign regulations unless relief is
granted by the SPGA."
That Section 19.7.2, line 3, be amended to correct the first quotation mark by changing
"Physically remove" to read "Physically remove", so that Section 19.7.2 as amended shall read
as follows: "Upon abandonment or discontinuation of use,the owner shall physically remove the
wind turbine(s) within 90 days from the date of abandonment or discontinuation of use. This
period may be extended at the request of the owner and at the discretion of the SPGA.
"Physically remove" shall include,but not be limited to:"
That Section 19.9.1.Special Permit Granting Authority(SPGA), line 1,be amended by changing
"Wind Turbine(s) is ..." to read "Wind Turbine(s) in ...", so that Section 19.9.1.Special Permit
Granting Authority (SPGA) as amended shall read as follows: "The SPGA for wind energy
conversion facilities, also referred to as Wind Turbine(s) in this bylaw shall be the Planning
Board."
Report of Planning Board given by Alfred Moore.
A 2/3's vote required. Motion adopted unanimously.
ARTICLE 11: GRANT OF EASEMENT FOR GAS LINE
To see if the Town will vote to authorize the Board of Selectmen to grant a permanent easement
or lesser title interest in under that portion of Town-owned property, commonly known as Town
Hall, identified as Parcel 89 on Assessor Map No. 27 and numbered 41 Highland Avenue, as
shown on that certain plan entitled "Easement Drawing, 29 & 41 Highland Avenue, Cohasset,
MA," a copy of which plan is on file with the Town Manager's Office, for the purposes of
providing gas service to property owned by St. Stephen's Episcopal Church located at 29
Highland Avenue,or to take any other action related thereto.
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MOVED that the Board of Selectmen be authorized to grant a permanent easement or lesser title
interest in, over, or under that portion of Town-owned property, commonly known as Town Hall,
identified as Parcel 89 on Assessor Map No. 27 and numbered 41 Highland Avenue, as shown on
that certain plan entitled "Easement Drawing, 29 &41 Highland Avenue, Cohasset, MA," a copy
of which plan is on file with the Town Manager's Office, for the purposes of providing gas
service to property owned by St. Stephen's Episcopal Church located at 29 Highland Avenue in
Cohasset
A 2/3's vote required. Motion adopted unanimously.
ARTICLE 12: JACOBS MEADOW CULVERT REPAIR AND UPGRADE
To see if the Town of Cohasset will vote to raise and appropriate, transfer from available funds,
or borrow pursuant to any applicable statute a sum of money to be expended by the Town
Manager for the purpose of reconstruction and upgrading the open culvert and tide gates at the
Jacobs Meadow culvert at the American Legion Post, and that the town be authorized to accept
grants, gifts, tax credits, and monies for that intended purpose, to authorize the Board of
Selectmen to acquire by purchase, gift or eminent domain permanent easements or lesser title
interests in all or any portions of the following parcels located off Summer Street and Elm Street
for drainage purposes, or to take any other action related thereto.
Map Parcel Location Man Parcel Location
27 5 85 Elm Street 32 24 80 Summer Street
27 4 87 Elm Street 32 23 84 Summer Street
27 2 95 Elm Street 32 22 88 Summer Street
27 1 97 Elm Street
MOVED that Four Hundred Fifty Thousand($450,000)Dollars be hereby appropriated,with the
intention that these funds be available in FY09 and beyond,to be expended by the Town Manager
to reconstruct and upgrade the open culvert and tide gates at the Jacobs Meadow culvert at the
American Legion; and that to fund this appropriation, the Treasurer, with the approval of the
Board of Selectmen, is hereby authorized to borrow Four Hundred Fifty Thousand ($450,000)
Dollars pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, and
to issue bonds and notes of the Town, therefore, such borrowing to be a general obligation of the
Town.
A 2/3's vote required. Motion adopted unanimously.
ARTICLE 13: CITIZENS' PETITION—TURF FIELD
To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow
pursuant to any applicable statute, a sum of money to be expended by the Town Manager for the
creation of new recreational opportunities by the construction of a synthetic turf field and track at
the Clark Chatterton Athletic Complex, or take any other action related thereto.
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NAME ADDRESS NAME ADDRESS
Ellen Maher 63 Old Pasture Road Glenn Pratt 482 King Street
Chris Haggerty 10 Sankey Road George McGoldrick 744 Jerusalem Road
SallyAnn Chatterton 9 Red Gate Lane Richard Evans 24 Lantern Lane
Wayne Sawchuk 432 Beechwood Street Ralph Froio 327 Forest Ave.
Joseph Fitzgerald 516 CJC Way. Gary Vanderweil 500 Jerusalem Road
MOVED that One Million Fifty Thousand Dollars ($1,050,000) Dollars be hereby appropriated,
with the intention that these funds be available in FY 09 and beyond,to be expended by the Town
Manager to design, permit and construct a synthetic turf field and track at the Clark Chatterton
Athletic Complex; and that to fund this appropriation, the Treasurer, with the approval of the
Board of Selectmen, is hereby authorized to borrow Five Hundred Thousand Dollars ($500,000)
pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, and to issue
bonds and notes of the Town therefore, such borrowing to be a general obligation of the Town;
and Five Hundred Fifty Thousand Dollars ($550,000) to come from donations to be received by
the Town as gifts, provided however, that no money shall be borrowed under this vote unless the
following condition is met: that the Cohasset Sports Partnership will have raised a sum of at least
Five Hundred Fifty Thousand Dollars ($550,000), and delivered same to the Town Manager, by
December 31, 2010 it being the understanding of the Town that said Five Hundred Fifty
Thousand Dollars($550,000) shall be given to the Town by the Cohasset Sports Partnership for
this purpose.
A 2/3's vote required. Motion adopted by the required 2/3's.
It was moved and seconded that this Special Town Meeting be dissolved at 9:15 p.m.
A True Record,ATTEST:
Marion L.Douglas
Town Clerk
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