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Home My WebLink AboutMinutes - TM - 03/27/2004 Index Annual Town Meeting — March 27, 2004 Article # Description of Article 1 Hear and act on reports. Adopted unanimously. 2 Accept town report. Adopted unanimously. 3 Operating budget. Adopted. 4 Unpaid bills. Withdrawn. 5 Additional appropriations Fiscal Year 04. Adopted 6 Citizen's petition—police investigation. Withdrawn. 7 Add Large House Site Plan Review to zoning bylaw. Adopted. 8 Add Demolition of Historic Buildings to general bylaw. Withdrawn. 9 Add Political Sign Amendment to zoning bylaw. Adopted. 10 Amend Section 2.1 of zoning bylaw—definition Multi-family Dwelling. Adopted. 11 Little Harbor Engineering. Adopted. 12 Community Preservation Fund a. Recommendation A— Funding Sub Accounts—Adopted unanimously. b. Recommendation B— Housing Authority—Adopted unanimously. c. Recommendation C—Alumni Field Improvements—Adopted unanimously. d. Recommendation D—Construct New Playground Library site—Adopted. e. Open space purchase—Adopted unanimously. f. Remaining balance retained —Adopted unanimously. 13 Land purchases for watershed and open space purposes—Adopted unanimously. 14 Water Department—Land Acquisition—Adopted unanimously. 15 Water Department—donation of land—Adopted unanimously. 16 Water Department—abandon public way"Old Road"—Adopted unanimously. 17 After article 11. 18 Water Department—improvements to water distribution system—Adopted unanimously. 19 Water Department special act to sell water for 40 years. Withdrawn 20 Culvert repair—West Corner—Adopted unanimously. 21 Drainage improvements—Newtonville—Adopted unanimously. 22 Additional easement for James Lane—Adopted unanimously. 23 Sea wall engineering—town's share—Adopted unanimously. 24 Elderly exemptions increased—Adopted unanimously. 25 School construction borrowing—special act—Adopted. 26 Add Section 42 to general bylaws—Licenses and Permits; Collections—adopted unanimously. 27 Amend Section 40 of general bylaws—Building Permits appealed to Board of Appeals. Adopted. 1 Annual Town Meeting -- March 27, 2004 At the Annual Town Meeting held on Saturday, March 27, 2004 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 9:30 a.m. were Carol St. Pierre, Janice Rosano, Debra Krupczak, Kathleen Rhodes, Margaret Hernan and Nancy Barrett. Tellers were appointed and sworn in by the Moderator, George L. Marlette III. The Moderator called the meeting to order at 10:15 a.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled for Precinct 1 — 279 and Precinct 2 — 209 for a grand total of 488. Deacon Rooney gave the invocation. Members of the Girl Scouts called the pledge of allegiance. 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. Representative Garrett Bradley and William E. O'Donnell, Register of Deeds was recognized at this time. Article 1: To act upon the reports of the various Town Officers as printed in the Annual Town Report for 2003. Moved that the reports of the various Town Officers as printed in the Annual Town Report for 2003 be accepted, and filed with the permanent records of the Town. Motion adopted unanimously. Article 2: To hear the reports of any Committee heretofore chosen and act thereon. Moved that the reports of any committee heretofore chosen be heard and accepted and that committee continue in office. Reports were heard from Roseanne McMorris for the Board of Selectmen, Ralph Dormitzer on the Citizens Action Committee for Logan Runway, Joseph Nedrow on the Senior Housing Committee and Robert Spofford on the School Building Committee. Motion adopted unanimously. Article 3: To see if the Town will vote to fix salaries and compensation of Elected Officers, and to see what 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 ensuing fiscal year. 2 APPENDIX A TOWN MANAGER'S RECOMMENDATIONS, ARTICLE 3 ANNUAL TOWN MEETING MARCH 27, 2004 Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 2002 Fiscal 2003 Fiscal 2004 Fiscal 2005 Fiscal 2005 GENERAL GOVERNMENT 114 Moderator Personal Services $1.00 $2.00 $573.00 $573.00 $573.00 122 Board of Selectmen Elected Officials $5,499.84 $5,499.84 $5,500.00 $5,500.00 $5,500.00 General Expenses $100,383.35 $79,781.07 $90,832.00 $66,012.00 $66,012.00 129 Town Manager Personal Services $90,000.00 $102,500.00 $105,475.00 $105,475.00 $105,475.00 Town Hall Clerical $362,728.64 $401,969.00 $420,990.00 $399,263.00 $399,263.00 General Expenses $3,192.00 $6,122.29 $6,360.00 $6,360.00 $6,360.00 131 Advisory Committee General Expenses $0.00 $145.00 $345.00 $345.00 $345.00 133 Reserve Fund Reserve Fund $0.00 $0.00 $193,000.00 $100,000.00 $100,000.00 135 Director of Finance/Town Accountant Personal Services $75,200.00 $82,900.00 $87,865.00 $87,865.00 $87,865.00 General Expenses $29,023.10 $31,018.19 $27,300.00 $30,300.00 $30,300.00 141 Board of Assessors Elected Officials $3,699.96 $3,699.96 $3,700.00 $3,700.00 $3,700.00 Personal Services $61,375.60 $56,239.00 $59,682.00 $60,320.00 $60,320.00 General Expenses $16,649.19 $9,670.07 $11,505,00 $51,505.00 $26,505.00 145 Treasurer Collector Personal Services $57,999.76 $60,999.88 $62,769.00 $62,969.00 $62,969.00 General Expenses $32,881.29 $41,027.09 $42,750.00 $42,750.00 $42,750.00 151 Legal Budget General Expenses $185,935.4600 $181,891.66 $170,000.00 $120,000.00 $120,000.00 152 Miscellaneous Town Reports $14,850.26 $12,418.86 $16,000.00 $16,000.00 $16,000.00 Parking Clerk $177.50 $1,962.00 $2,500.00 $2,500.00 $2,500.00 Annual Audit $8,500.00 $8,500.00 $8,500.00 $8,500.00 $8,500.00 South Shore Coalition-Refuse $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 Water Purchase $39,126.63 $35,000.00 $45,000.00 $67,000.00 $67,000.00 Plumbing&Gas Inspections $7,030.00 $9,642.16 $6,500.00 $6,500.00 $6,500.00 Sealer Weights/Measures Salary $2,599.92 $2,599.92 $2,600.00 $2,600.00 $2,600.00 Sealer Weights/Measures Expenses $282.11 $450.00 $450.00 $450.00 $450.00 Emergency Management Salaries $350.00 $0.00 $450.00 $450.00 $450.00 Veteran's Agent Salary $1,466.63 $1,599.96 $1,600.00 $1,600.00 $1,600.00 Veteran's Agent Expenses $488.50 $0.00 $1,000.00 $1,000.00 $1,000.00 Commission on Disabilities $0.00 $0.00 $100.00 $100.00 $100.00 3 Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 2002 Fiscal 2003 Fiscal 2004 Fiscal 2005 Fiscal 2005 Historical Commission $0.00 $0.00 $200.00 $200.00 $200.00 Historical Preservation Salary $600.00 $600.00 $600.00 $600.00 $600.00 Historical Preservation Expenses $174.89 $182.53 $200.00 $200.00 $200.00 Keeper of the Town Clock $0.00 $100.00 $100.00 $100.00 $100.00 Keeper of the Town Pump $100.00 $100.00 $100.00 $100.00 $100.00 Town Celebrations $1,700.00 $1,700.00 $2,500.00 $2,500.00 $2,500.00 161 Town Clerk&Elections Elected Officials $50,399.96 $52,920.00 $54,455.00 $54,455.00 $54,455.00 Part-time Salaries $7,711.70 $12,682.62 $13,833.00 $16,466.00 $16,466.00 General Expenses $17,718.46 $11,458.63 $9,706.00 $10,562.00 $10,562.00 171 Conservation Commission General Expenses $26,416.30 $27,052.74 $27,800.00 $27,800.00 $27,800.00 175 Planning Board Payroll&General Expenses $51,980.20 $60,543.30 $44,730.00 $44,730.00 $44,730.00 176 Zoning Board of Appeals General Expenses $1,751.20 $4,383.72 $4,385.00 $4,385.00 $4,385.00 ------------------------------------------------------------------------------------------------------------------------------- TOTAL GENERAL GOVERNMENT $1,261,994.27 $1,311,361.49 $1,535,955.00 $1,415,735.00 $1,390,735.00 ----------------------------------------------------------------- ----------------------------------------------------------------- PUBLIC SAFETY 210 Police Department Personal Services $1,445,190.29 $1,503,973.07 $1,511,318.00 $1,519,634.00 $1,519,634.00 General Expenses $77,770.59 $97,628.54 $96,850.00 $99,850.00 $99,850.00 Cruiser Purchase $51,923.00 $74,000.00 $28,000.00 $84,000.00 $28,000.00 220 Fire Department Personal Services $1,314,784.44 $1,446.969.36 $1,454,669.00 $1,512,604.00 $1,468,462.00 General Expenses $122,153.27 $146,080.22 $146,520.00 $218,510.00 $159,610.00 Hydrant Rental $127,607.87 $131,575.00 $27,414.00 $142,073.00 $67,414.00 241 Building Commissioner Personal Services $57,400.00 $60,400.00 $62,140.00 $62,140.00 $62,140.00 General Expenses $3,544.99 $3,955.00 $3,955.00 $3,955.00 $3,955.00 245 Electrical Inspector General Expenses $14,499.29 $14,430.13 $16,500.00 $16,500.00 $16,500.00 295 Harbor Master Personal Services $61,157.80 $65,043.00 $61,153.00 $61,1533.00 $61,153.00 General Expenses $4,590.60 $5,953.15 $7,400.00 $7,400.00 $7,400.00 296 Shellfish Constable Personal Services $0.00 $500.00 $500.00 $500.00 $500.00 General Expenses $0.00 $500.00 $0.00 $0.00 $0.00 ------------------------------------------------------------------------------------------------------------------------------- TOTAL PUBLIC SAFETY $3,280,762.14 $3,551,007.47 $3,416,419.00 $3,728,319.00 $3,494,618.00 4 Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 2002 Fiscal 2003 Fiscal 2004 Fiscal 2005 Fiscal 2005 SCHOOLS 300 Cohasset Public Schools Osgood Elementary School Salaries $1,449,682.92 $1,623,693.00 $1,627,541.00 $1,535,829.00 $1,535,829.00 Expenses $180,309.64 $162,003.00 $171,425.00 $282,102.00 $282,102.00 Special Education Salaries $216,382.89 $396,532.00 $413,789.00 $525,340.00 $525,340.00 Special Education Expenses $6,162.85 $1,745.00 $3,115.00 $2,865.00 $2,865.00 Sub Total $1,852,538.30 $2,183,973.00 $2,215,870.00 $2,346,136.00 $2,346,136.00 Deer Hill Elementary School Salaries $1,376,785.16 $1,642,220.00 $1,686,829.00 $1,597,486.00 $1,597,486.00 Expenses $126,733.42 $106,310.00 $112,337.00 $233,442.00 $233,442.00 Special Education Salaries $252,239.71 $345,003.00 $391,855.00 $452,031.00 $452,031.00 Special Education Expenses $2,614.11 $3,463.00 $2580.00 $2,409.00 $2,409.00 Sub Total $1,758,372.40 $2,096,996.00 $2,193,601.00 $2,285,368.00 $2,285,368.00 Middle/Senior High School Salaries $3,465,926.61 $3,848,372.00 $3,707,839.00 $3,796,346.00 $3,796,346.00 Expenses $464,173.17 $423,997.00 $627,689.00 $874,857.00 $874,857.00 Special Education Salaries $332,990.33 $368,163.00 $362,985.00 $359,479.00 $359,479.00 Special Education Expenses $3,977.80 $2,256.00 $4,931.00 $4,731.00 $4,731.00 Sub Total $4,267,067.91 $4,642,788.00 $4,703,444.00 $5,035,413.00 $5,035,413.00 All District Salaries $484,260.70 $475,412.00 $547,196.00 $601,032.00 $601,032.00 Expenses $333,960.92 $521,277.00 $376,950.00 $491,028.00 $491,028.00 Special Education Salaries $385,979.45 $207,640.00 $255,232.00 $280,140.00 $280,140.00 Special Education Expenses $862,420.52 $715,519.00 $926,536.00 $904,683.00 $904,683.00 Sub Total $2,066,621.59 $1,919,798.00 $2,105,914.00 $2,276,883.00 $2,276,883.00 ---------------------------------------------------------------------------------------------------------------------------------- Total Cohasset Public Schools $9,944,600.20 $10,843,555.00 $11,218,829.00 $11,943,800.00 $11,943,800.00 301 South Shore Vocational Technical Regional Assessment $55,125.00 $79,280.00 $58,238.00 $59,238.00 $59,238.00 ---------------------------------------------------------------------------------------------------------------------------------- TOTAL SCHOOLS $9,999,725.20 $10,922,835.00 $11,278,067.00 $12,003,038.00 $12,003,038.00 ------------------------------------------------------------------ ------------------------------------------------------------------ PUBLIC WORKS 422 Department of Public Works Personal Services $553,802.93 $634,236.80 $690,671.00 $694,605.00 $694,605.00 General Expenses $571,096.80 $448,936.20 $508,454.00 $550,840.00 $550,840.00 Building Maintenance $311,461.80 $303,660.93 $373,445.00 $396,822.00 $396,822.00 Snow& Ice Control $37,1748.75 $156,401.92 $50,626.00 $50,626.00 $50,626.00 Street Lighting $53,390.75 $48,410.48 $55,890.00 $55,890.00 $55,890.00 ---------------------------------------------------------------------------------------------------------------------------------- TOTAL PUBLIC WORKS $1526,931.03 $1,591,646.33 $1,679,086.00 $1,748,783.00 $1,748,783.00 -------------------------------------------------------------------- -------------------------------------------------------------------- 5 Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 2002 Fiscal 2003 Fiscal 2004 Fiscal 2005 Fiscal 2005 HEALTH&SANITATION 440 Sewers General Expenses $439,598.85 $610,679.58 $814,264.00 $871,678.00 $871,678.00 510 Board of Health Personal Expenses $91,680.72 $95,595.00 $102,541.00 $102,541.00 $126,274.00 General Expenses $10,108.9 $9,724.45 $12,241.00 $32,241.00 $12,241.00 ------------------------------------------------------------------------------------------------------------------------------------- TOTAL HEALTH &SANITATION $541,388.47 $715,999.03 $929,046.00 $1,006,460.00 $1,010,193.00 -------------------------------------------------------------------- -------------------------------------------------------------------- HUMAN SERVICES 541 Elder Affairs Board Personal Services $98,434.24 $103,062.44 $122,417.00 $144,979.00 $122,617.00 General Expenses $29,067.89 $28,911.38 $30,825.00 $36,605.00 $36,605.00 ------------------------------------------------------------------------------------------------------------------------------------- TOTAL HUMAN SERVICES $127,502.13 $131,973.82 $153,242.00 $181,584.00 $159,222.00 -------------------------------------------------------------------- -------------------------------------------------------------------- CULTURE AND RECREATION 610 Library Personal Services $267,873.05 $289,560.00 $324,056.00 $342,271.00 $336,878.00 General Expenses $70,237.00 $82,064.73 $78,833.00 $84,418.00 $84,418.00 630 Recreation Commission Personal Expenses $104,520.21 $119,444.09 $116,505.00 $116,505.00 $116,505.00 General Expenses $4,371.75 $6,258.18 $6,380.00 $6,380.00 $6,.380.00 ------------------------------------------------------------------------------------------------------------------------------------- TOTAL CULTURE&RECREATION $447,002.01 $497,327.00 $525,774.00 $549,574.00 $544,181.00 -------------------------------------------------------------------- -------------------------------------------------------------------- OTHER BUDGETS 710 Debt Service Principal $762,589.52 $933,197.81 $1,033,271.00 $1,160,300.00 $1,014,301.00 Interest $386,068.75 $469,372.69 $390,109.00 $400,472.00 $421,322.00 Excluded Debt $1,743,982.21 $2,085,571.90 $2,381,703.00 $2,366,540.00 $2,366,540.00 911 Benefits and Insurance Pension-County Assessment $624,671.00 $634,692.00 $727,611.00 $793,665.00 $793,665.00 Pension-Non Contributory Assessment $3,316.80 $3,316.80 $3,400.00 $3,400.00 $3,400.00 Workers Compensation Insurance $49,999.00 $69,013.00 $105,000.00 $105,000.00 $105,000.00 Unemployment Insurance $4,581.40 $2,262.25 $5,000.00 $5,000.00 $5,000.00 6 Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 2002 Fiscal 2003 Fiscal 2004 Fiscal 2005 Fiscal 2005 Health Insurance $1,308,289.89 $1,601,127.00 $1731,715.00 $1,872,901.00 $1,872,901.00 Life Insurance $5,086.02 $5,440.47 $5,200.00 $6,760.00 $6,760.00 Medicare Tax-Employer Contribution $134,673.53 $155,776.00 $149,000.00 $180,000.00 $175,000.00 Property&Liability Insurance $157,302.32 $185,491.09 $175,000.00 $195,000.00 $195,000.00 ------------------------------------------------------------------------------------------------------------------------------------- TOTAL OTHER BUDGETS $5,180,560.44 $6,144,261.01 $6,708,009.00 $7,089,038.00 $6,938,889.00 -------------------------------------------------------------------- -------------------------------------------------------------------- WATER DEPARTMENT 450 Water Department General Expenses $624,905.40 $690,220.01 $770,187.00 $888,100.00 $888,100.00 Other Appropriations $106,785.59 $14,193.28 $131,296.00 $131,296.00 $131,296.00 Maturing Debt $661,910.00 $661,910.00 $656,910.00 $663.160.00 $663,160.00 Interest $402,983.32 $353,819.98 $371,545.00 $406,279.00 $406,279.00 ------------------------------------------------------------------------------------------------------------------------------------- TOTAL WATER DEPARTMENT $1796,584.31 $1,725,143.27 $1,929,938.00 $2,088,835.00 $2,088,835.00 -------------------------------------------------------------------- -------------------------------------------------------------------- TOTAL OPERATING BUDGET $24,162,450.00 $26,591,554.42 $28,155,536.00 $29,811,366.00 $29,378,494.00 -------------------------------------------------------------------- -------------------------------------------------------------------- SUMMARY General Government $1,261,994.27 $1,311,361.49 $1,535,955.00 $1415,735.00 $1390,735.00 Public Safety $3,280,762.14 $3,551,007.47 $3,416,419.00 $3,728,319.00 $3,494,618.00 Schools $9,999,725.20 $10,922,835.00 $11,278,067.00 $12,003,038.00 $12,003,038.00 Department of Public Works $1,526,931.03 $1,591,646.33 $1,679,086.00 $1,748,783.00 $1,748,783.00 Health and Sanitation $541,988.47 $715,999.03 $929,046.00 $1,006,460.00 $1,010,193.00 Human Services $127,502.13 $131,973.82 $153,242.00 $181,584.00 $159,222.00 Culture and Recreation $447,002.01 $497,327.00 $525,774.00 $549,574.00 $544,181.00 Other Budgets $5,180,560.44 $6,144,261.01 $6,708,009.00 7,089,038.00 $6,938,889.00 Water Department $1,796,584.31 $1,725,143.27 $1,929,938.00 $2,088,835.00 $2,088,835.00 ------------------------------------------------------------------------------------------------------------------------------------- TOTAL OPERATING BUDGET $24,162,450.00 $26,591,554.42 $28,155,536.00 $29,811,366.00 $29,378,494.00 -------------------------------------------------------------------- -------------------------------------------------------------------- 7 Pay Position Group Authorized Schedule Hours Schedule 1- Regular Employees Board of Assessors Deputy/Assessor/Appraiser Contract 1 40 Assistant/Assessor H 1 7 30 Building Department Contract 1 40 Clerk D 1 7 21 Civilian Dispatch Communication Supervisor H 1 1 40 Communication Officer F 3 1 40 Communication Officer F 1 1 16 Elder Affairs Director Contract 1 40 Elder Advocate G 1 1 24 Van Driver F 1 1 19 Clerk G 1 1 25 Fire Department Fire Chief Contract 1 40 Captain FS-12 4 5 42 Firefighter— Paramedic FS-11 9 5 42 Firefighter— EMT FS-10 7 5 42 Firefighter— Mechanic FS-10 1 5 42 Private FS-09 3 5 42 Harbor Department Harbormaster Contract 1 1 40 Health, Board of Health Agent Contract 1 40 Health/Sewer Secretary H 1 7 40 Library Chief Librarian Contract 1 40 Staff Librarian L5 1 6 35 Staff Librarian L5 1 6 32 Library Assistant L4 1 6 32 Library Technician L3 1 6 35 Library Technician L3 1 6 19 Senior Clerk L2 1 6 35 Planning Board/Conservation Commission Town Planner Contract 1 25 Secretary G 1 7 40 8 Police Department Police Chief Contract 1 Sergeant PS-11 4 4 40 Patrolman PS-09 14 4 37.5 Secretary G 1 7 35 Public Works, Department of Superintendent Contract 1 40 General Foreman K 1 1 40 Working Foreman 1 4 1 40 Heavy Equipment Operator G 3 1 40 Skilled Utility Worker F 4 1 40 Tree Climber F 1 1 40 Maintenance Worker F 3 1 40 Skilled Utility Worker Cemetery F 1 1 40 Clerk G 1 1 30 Recreation Director Contract 1 40 Selectmen, Board of Adm. Assist.Human Resources H 1 1 40 Secretary/Receptionist F 1 1 35 Director of Finance/Town Accountant Dir. Finance/Town Accountant Contract 1 40 Assistant Town Accountant G 1 7 21 Administrative Assistant G 1 7 40 Town Clerk Assistant Town Clerk G 1 7 40 Town Manager Town Manger Contract 1 40 Treasurer/Collector Treasurer/Collector Contract 1 40 Assistant Treasurer/Collector H 1 7 40 Assistant to Treasurer G 1 7 25 Schedule 1 a — Elected Employees Town Clerk $54,455 Clerk, Board of Registrars $329 Moderator $1 Board of Selectmen: Chair $1,500 Members (4) at $1,000 $4,000 Board of Assessors: Chair $1,300 Members (2) at A$1,200 $2,400 9 Schedule 2a — Part Time Positions Annual Veterans' Agent $1,600 Member, Board of Registrars $326 Sealer of Weights and Measurers $2,600 Town Archivist $600 Director of Emergency Management $350 Asst. Dir. of Emergency Management $100 Shellfish Constable $500 Animal Control Officer $17,220 Keeper of the Town Clock $100 Keeper of the Town Pump $100 Schedule 2b — Part Time Positions Hourly ** Assistant Harbor Master $10.00 Casual Labor $6.75 Election Officers $8.85 Election Clerk $9.10 Election Warden $9.36 Summer Patrolman $14.00 Police Matron $13.00 Deputy Building Inspector (H-Min) $16.40 Library Pages $8.00 Recording Secretary $12.07 Schedule 3 — Part Time Positions Constable — Per Notice $20.00 Schedule 4 — Informational Only Police Department (Collective Bargaining Unit) Schedule 5 — Informational Only Fire Department (Collective Bargaining Unit) Schedule 6 — Informational Only Library (Collective Bargaining Unit) Schedule 7 — Informational Only Municipal Clerical and Custodial (Collective Bargaining Unit) Exempt Positions — Per the Fair Labor Standards Act Deputy Assessor Appraiser Chief Librarian Building Commissioner Police Chief Director of Finance/Town Accountant Recreation Director Elder Affairs Director Superintendent of Public Works Fire Chief Town Manager Harbormaster Treasurer/Collector Health Agent Town Planner 10 APPENDIX B SALARY& RATE SCHEDULES- FISCAL 2005 0% PAY GRADE 1st 2nd 3rd 4th 5th 6th 7th A Hourly 9.5716 10.1174 10.6624 11.2079 11.7532 12.3122 12.8663 35 Hrs. 335.01 354.11 373.18 392.28 411.36 430.93 450.32 40 Hrs. 382.86 404.70 426.50 448.32 470.13 492.49 514.65 B Hourly 10.3352 10.9352 11.5214 12.1213 12.6668 13.2669 13.8638 35 Hrs. 361.73 382.73 403.25 424.25 443.34 464.34 485.23 40 Hrs. 413.41 437.41 460.86 484.85 506.67 530.68 554.55 C Hourly 11.1941 11.7941 12.4213 13.0350 13.6893 14.3574 15.0035 35 Hrs. 391.79 412.79 434.75 456.23 479.13 502.51 525.12 40 Hrs. 447.76 471.76 496.85 521.40 547.57 574.30 600.14 D Hourly 12.0669 12.7759 13.4302 14.1257 14.8211 15.5030 16.2006 35 Hrs. 422.34 447.16 470.06 494.40 518.74 542.61 567.02 40 Hrs. 482.68 511.04 537.21 565.03 592.84 620.12 648.02 E Hourly 13.0213 13.7848 14.4940 15.2438 15.9936 16.7436 17.4970 35 Hrs. 455.75 482.47 507.29 533.53 559.78 586.03 612.40 40 Hrs. 520.85 551.39 579.76 609.75 639.74 669.74 699.88 F Hourly 14.0576 14.8755 15.6528 16.4164 17.2618 18.0662 18.8791 35 Hrs. 492.02 520.64 547.85 574.57 604.16 632.32 660.77 40 Hrs. 562.30 595.02 626.11 656.66 690.47 722.65 755.16 11 G Hourly 15.2028 16.0347 16.9209 17.7798 18.6389 19.4707 20.3468 35 Hrs. 532.10 561.21 592.23 622.29 652.36 681.47 712.14 40 Hrs. 608.11 641.39 676.84 711.19 745.56 778.83 813.87 H Hourly 16.4028 17.3298 18.2708 19.2251 20.1249 21.0522 21.9995 35 Hrs. 574.10 606.54 639.48 672.88 704.37 736.83 769.98 40 Hrs. 656.11 693.19 730.83 769.01 805.00 842.09 879.98 1 Hourly 17.7253 18.7071 19.7297 20.7250 21.7340 22.7429 23.7663 35 Hrs. 620.39 654.75 690.54 725.38 760.69 796.00 831.82 40 Hrs. 709.01 748.28 789.19 829.00 869.36 909.72 950.65 J Hourly 19.1297 20.1933 21.2840 22.3476 23.4930 24.5836 25.6899 35 Hrs. 669.54 706.77 744.94 782.17 822.26 860.43 899.15 40 Hrs. 765.19 807.73 851.36 893.90 939.72 983.34 1027.60 K Hourly 20.6704 21.8158 23.0293 24.1747 25.3473 26.5334 27.7273 35 Hrs. 723.46 763.55 806.03 846.11 887.16 928.67 970.46 40 Hrs. 826.82 872.63 921.17 966.99 1013.89 1061.34 1109.09 L Hourly 22.3339 23.6156 24.8837 26.1517 27.4061 28.6468 29.9359 35 Hrs. 781.69 826.55 870.93 915.31 959.21 1002.64 1047.76 40 Hrs. 893.36 944.62 995.35 1046.07 1096.24 1145.87 1197.44 M Hourly 24.1337 25.4562 26.8335 28.2105 29.5877 30.9648 32.3581 35 Hrs. 844.68 890.97 939.17 987.37 1035.57 1083.77 1132.53 40 Hrs. 965.35 1018.25 1073.34 1128.42 1183.51 1238.59 1294.32 N Hourly 26.0290 27.5016 28.9877 30.4329 31.9329 33.4189 34.9228 35 Hrs. 911.02 962.56 1014.57 1065.15 1117.65 1169.66 1222.30 40 Hrs. 1041.16 1100.06 1159.51 1217.32 1277.32 1336.76 1396.91 12 O Hourly 28.1288 29.7104 31.3330 32.9419 34.5234 36.1053 37.7300 35 Hrs. 984.51 1039.86 1096.66 1152.97 1208.32 1263.69 1320.55 40 Hrs. 1125.15 1188.42 1253.32 1317.68 1380.94 1444.21 1509.20 13 Moved that Twenty Nine Million Three Hundred Seventy Eight Thousand Four Hundred Ninety Four ($29,378,494.00) Dollars be appropriated for the Fiscal Year 2005 Annual Town Budget to be allotted as follows: Sixty Three Thousand Nine Hundred Eighty Five ($63,985.00) Dollars for salaries of elected Town Officials consisting of the Town Clerk $54,455.00; Clerk, Board of Registrars, $329.00; Moderator, $1.00; Selectmen, Chairman, $1,500.00, Members (4) at $1,000.00, $4,000.00; Board of Assessors, Chairman, $1,300.00, Members (2) at $1,200.00, $2,400.00; and the remaining Twenty Nine Million Three Hundred Fourteen Thousand Five Hundred Nine ($29,314,509.00) Dollars for Personal Services, Expenses and Capital Outlays, Interest on Maturing Debt and other charges for various departments as recommended for purposes in Appendix A as attached to these Town Manager's Recommended Motions for the 2004 Annual Town Meeting and Appendix B of the Warrant for the 2004 Annual Town Warrant, a copy of which Appendices are incorporated here by reference, and to meet the appropriation, the following transfers are made: $2,088,835.00 from Water Revenue $ 279,716.00 from Stabilization Fund $ 120,284.00 from Surplus Reserve $ 80,000.00 from Pension Reserve $ 30,000.00 from Sale of Lots $ 10,000.00 from Waterways Fund and the remaining balance of $26,769,659.00 is raised from taxation and other general revenues of the Town; and further that the Salary Rate and Schedule as printed in the Warrant and shown in Appendix B be adopted. Amendment offered by Alfred Slanetz. Motion to amend the Budget: By transferring $105,000.00 to Department Number 300 Cohasset Public Schools form Department Number 210 Police Department Line Item Personal Services with the request that the Cohasset School Committee retain the three teachers that it proposed to eliminate from Osgood and Deer Hill Schools. Amendment is defeated. Amendment offered by Roy Fitzsimmons. Moved that we reduce the School Budget by$400,000. Amendment is defeated. Amendment offered by Andrew Quigley. Decrease $40,000.00 from Department Number 422 Department of Public Works by $40,000.00 and decrease $65,000.00 from Department 133 Reserve Fund and transfer $105,000.00 to Department 300 Cohasset Public Schools. Amendment offered by Alfred Slanetz. Decrease $40,000 from Department Number 151 Legal Budget in place of transferring $40,000.00 from Department Number 422 Department of Public Works as offered in the amendment by Andrew Quigley. Amendment offered by Alfred Slanetz is defeated. Amendment offered by Andrew Quigley is defeated. A 2/3's vote is required. Main motion is adopted by the required 2/3's. 14 Resolution offered by Richard Flynn, Chairman of the School Committee. WHEREAS Dr. Edward Malvey has, for the past six years, faithfully served as the Superintendent of the Cohasset School District making the well being of the entire school community as his first priority. AND WHEREAS Dr. Edward Malvey has diligently overseen the successful renovation and reconstruction of the Deer Hill School and the Cohasset Middle High School, leaving us with buildings that the entire community can be proud of, that will benefit future generations of Cohasset children, AND WHEREAS Dr. Edward Malvey has conscientiously endeavored to keep Cohasset students, teachers and administrators motivated to achieve new heights academically, while dealing realistically with current budget realities, and at the same guiding us through the re-accreditation process, LET IT BE KNOWN, that I, on behalf of the Cohasset School Committee and the Town of Cohasset extend our deepest appreciation and thanks on the day, March 27, 2004, to Dr. Edward Malvey for all of this hard work and dedication as Superintendent and wish him future success, good luck and a warm wind at his back in whatever he pursues. Resolution adopted unanimously. Article 4: 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 year. VENDOR AMOUNT REQUESTED Moved that the article be withdrawn from consideration. Motion adopted unanimously. Article 5: 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, needed by various departmental budgets and appropriations to complete the fiscal year ending June 30, 2004. Board of Selectmen Expenses $ 20,000.00 Legal Expenses $ 125,000.00 Police Department Salaries $ 60,000.00 Police Department Expenses $ 10,000.00 Fire Department Salaries $ 75,000.00 Fire Department Expenses $ 10,000.00 School Department Budget $200,000.00 Total $500,000.00 Moved that Five Hundred Thousand ($500,000.00) Dollars, to be expended by the Town Manager, needed by various departmental budgets and appropriations to complete the fiscal year ended June 30, 2005, be transferred as follows: Transfer Funds From: Surplus Revenue $279,716.00 Overlay Surplus $ 75,000.00 Advisory Committee Reserve Fund $ 68,000.00 Workers' Compensation Insurance $ 29,171.00 Pension County Assessment $48,113.00 Total $500,000.00 15 Transfer Funds To: Board of Selectmen Expenses $ 20,000.00 Legal Expenses $ 125,000.00 Police Department Salaries $ 60,000.00 Police Department Expenses $ 10,000.00 Fire Department Salaries $ 75,000.00 Fire Department Expenses $ 10,000.00 School Department Budget $200,000.00 Total $500,000.00 Motion is adopted. Article 6: To see if the Town will vote to approve hiring an independent counsel and to raise and appropriate, transfer from available funds, and/or borrow, pursuant to any applicable statute, a sum or sums of money, for the purpose of investigating the alleged misconduct, the actions taken t remedy the misconduct and identify any potential abuse of power, fraud, or deceit that may have taken place and to report findings to the Town by April 30, 2004. This article is intended to take effect upon passage in Fiscal Year 2004. Moved that the article be withdrawn from consideration. Motion adopted unanimously. Article 7: To see if the Town will add a new note 12 after the table of Uses in Section 4.3 of the Cohasset Zoning Bylaw 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 Bylaws be hereby amended by adding the following new definition: "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, unheated space 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 House Site Plan Review" process as follows: 5.5 LARGE HOUSE SITE PLAN REVIEW 5.5.1 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 2/18/04 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. 5.5.2 Where the RGFA exceeds these limits, the proposed work shall be submitted for Site Plan Review by the Planning Board as the permit granting authority. The Planning Board may approve or approve with conditions by a majority vote of the Planning Board a Large House Site Plan, as long as that the application for review is complete and the application meets the mitigation objectives set forth below. The visual compatibility with the 16 surrounding area is promoted and negative impacts substantially mitigated through such efforts as the following: a. Use of building design and massing, building materials, and architectural techniques that place the building in harmony with the prevailing character and scale of buildings in the neighborhood. b. Selection of a location on the lot, including the use of setbacks greater than the minimum required, integration into the existing terrain and surrounding landscape, and building orientation, in such a way to avoid or mitigate any differences in architectural scale from that prevailing in the neighborhood. c. Retention of existing mature trees and other vegetation and addition of new landscaping features to visually soften the impact of house construction. d. Avoidance of use of wetlands, and minimization of use of steep slopes, flood plains, hilltops; e. Preservation of natural or historic features of the site, and minimization of tree, vegetation and soil removal, blasting and grade changes. f. Maximum retention of open space. g. Treatment of the areas within the front yards setback unless inappropriate for other reasons, being consistent with that prevailing in the vicinity, such as whether such areas are retained in a natural state, or have had understory vegetation cleared and replaced with dense plantings, or have extensive mown lawns, or street edge — defining elements such as fences, walls or hedges that are prevalent in other residences along the street. h. Avoidance of prominent on-lot automobile impact through location and orientation of garage entrances, curved driveway alignment and narrow width of driveways as they approach the street, and other means. i. Site design being configured to avoid large changes in existing grades and earth removal, and avoidance of use of planting species not either indigenous to or common within the vicinity. j. Consideration being given to abutting properties, protecting their privacy, access to sun and light, screening utilities and objectionable features, and preserving the integrity of existing vegetation that abuts or overhangs property boundaries. 5.5.3 (a) Submission requirements and procedures for this review shall be governed by Section 12.6(3)-(10) inclusive of the Zoning Bylaws, incorporated here by reference. (b) The Planning Board may supplement the standards and criteria set forth in Section 5.5.2 by the promulgation of rules and regulations. (c) The Planning Board may waive strict compliance with or applicability of any standard or criteria upon an appropriate finding that such is not applicable to the particular proposal before the Board. 5.5.4 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 Site Plan Review under this subsection, 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 proves. Moved that a new note 12 be added in Section 4.3 of the Cohasset Zoning Bylaw that reads as follows: "12. 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 adding the following new definition: "Residential Gross Floor Area ("RGFK) — 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, unheated space and attached or detached garages."; and, further, that Section 5 of the Zoning Bylaw, Area Regulations, be hereby amended by inserting a new sub section 5.5 to create a "Large House Plan Review" process as follows: 5.5 LARGE HOUSE PLAN REVIEW 5.5.1 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 2/18/04 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 17 any of the other area regulations set forth in Section 5 that may or may not have an impact upon the calculation of RGFA. 5.5.2 Where the RGFA exceeds these limits, the proposed work shall be submitted for a Large House Plan Review by the Planning Board. The Planning Board shall review and discuss the Large House Plan with the applicant and abutters, toward the objective of making the proposed plan harmonious with, and not harmful, injurious or objectionable to existing uses in the area. 5.5.3 A person applying for a Large House Plan Review shall file an application with the Planning Board, including copies of a site plan and a filing fee, as required by the Planning Board. The application and site plan shall include the elements to be reviewed by the Planning Board and shall also include such further information as the Planning Board shall reasonably require by rule or regulation. Not less then two permanent survey monuments shall be located on the property in question and shown on the plan, unless waived by the Planning Board. In subsequent applications concerning the same subject matter, the Planning Board may waive the filing of plans and documents to the extent they duplicate those previously filed. Copies of the rules and regulations concerning the Large House Plan Review shall be filed with the Town Clerk. 5.5.4 (a) The Planning Board shall hold a hearing within 35 days of the filing of an application with the Town Clerk for a Large House Plan Review with respect to a residential building or structure having an RGFA exceeding the threshold established by section 5.5.1. (b) The Planning Board shall, within one week of receipt of site plan application, transmit to appropriate town boards and departments, for review, one copy of the application and site plan. (c) Notice of such hearing shall be given to the applicant and all abutters in the manner called for in the Planning Board rules and regulations. (d) Within 21 days after the conclusion of the public hearing, the Planning Board shall inform the Building Inspector that the hearing has been completed and furnish the Building Inspector, in writing, with any recommendations which are relevant to the issuance of the building permit. A 2/3's vote required. Motion adopted by the required 2/3's. Resolution offered by Patricia Martin, Member of the School Committee for Mark DeGiacomo. WHEREAS Mark DeGiacomo has served as a two term member of the Cohasset School Committee working diligently since 1998 on behalf of our teachers, administrators and staff, coaches, parents, students and community. AND WHEREAS Mark DeGiacomo's tireless efforts as Committee Member and Chairperson have resulted in a legacy in the renovation and construction of two state of the art learning facilities, the creation of a brand new separate middle school as well as new playing fields for boys baseball and girls softball. AND WHEREAS Mark DeGiacomo's outstanding leadership and fierce advocacy for our schools in times of challenge has maintained the community support needed to empower our schools to become recognized as one of the finest school systems in the commonwealth noted for its outstanding MCAS and SAT scores, college placements and scholarly achievements, I, THEREFORE, on behalf of the entire school and Cohasset community, offer our deepest measure of appreciation and thanks on the day, March 27, 2004, to you, Mark DeGiacomo, for you incredible loyalty, hard work and unwavering support and dedication to our children and to our schools. You will be missed. Resolution adopted unanimously. Article 8: 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 "Demolition of Historically Significant Buildings": 18 Section 41. Demolition of Historically Significant Buildings 1. Purpose This bylaw is adopted to protect and preserve buildings within the Town which reflect or constitute distinctive features of the architectural, cultural, economic, political or social history of the Town and to encourage the preservation and restoration rather that demolition of such buildings and structures. By furthering these purposes the public interest shall be promoted making the Town a more attractive and desirable place in which to live, learn and work, while maintaining the historical flavor and diversity of same. To achieve this purpose the Cohasset Historical Commission is empowered to advise the Building Inspector with respect to the issuance of permits for Demolition. The Commission shall offer its advice to owners of any building within the Town that may fall within the terms of this bylaw. 2. Definitions Commission-the Cohasset Historical Commission Demolition - the intentional act of pulling down, destroying, removing, or razing a building or commencing the work of total or substantial destruction with intent of completing same. Noncontributing - is defined as being buildings within Districts that are listed by the National Park Service as not contributing to the historical value of the District. Premises-the parcel of land on which the building is located. Regulated buildings-the provisions of this bylaw shall apply only to buildings that satisfy one or more of the following criteria: a. All buildings listed in the National Register of Historic Places either individually or as components of National Register Historic districts in Cohasset, except those officially designated as being "noncontributing" buildings. b. All buildings listed in the Massachusetts State Register of Historic Places either individually or as components of the Massachusetts State Register of Historic Places in Cohasset, except those officially designated as being "noncontributing" buildings. C. Buildings listed in publication of the Cohasset Bicentennial Committee entitled "Town of Cohasset Heritage Trail" issued 1970, as amended by the Cohasset Historical Society in 1999 ("the published list"). Copies of the published list shall be on file and available for review by members of the public at the office of the Town Clerk and at the Commission's office. d. Buildings fifty years or more in age having association with a major historic event(s), or person(s) important or significant to Cohasset's and/or the region's cultural, economic, political or social history and development as may be determined by the Cohasset Historical Commission. e. Buildings fifty years or more in age that are associated with an important or famous architect and/or builder and are representative of their works or are historically or architecturally significant in terms of uniqueness, period style, or method or building construction as may be determined by the Cohasset Historical Commission. f. Buildings fifty years or more in age though not necessarily individually outstanding historically or architecturally, that are significant in one or both those categories within the context of their neighborhood, as may be determined by the Cohasset Historical Commission. 3. Procedures A. No permit for the demolition of any building or shall be issued other than in conformity with this bylaw. Upon receipt of an application for a demolition permit, the Building Inspector shall forward a copy of permit to the Commission. B. Within thirty (30) business days of receipt of the application from the Building Inspector to the Commission, the Commission shall make a determination whether or not the building is a "regulated building." If the Commission determines that the building is not regulated by this bylaw, it shall sign the permit immediately and forward it to the Building Inspector who shall issue the permit, provided it otherwise meets all applicable requirements. If the Commission determines that the building is a regulated building, it shall review the application for demolition at a public hearing to be held within thirty (30) business days of determining that the building is a regulated building. The Commission shall publish a notice of the hearing in a newspaper of local circulation during each of the two weeks preceding the date of the public hearing, noting the date, location, and subject of the hearing. The applicant for the demolition permit shall pay for such notice. The Commission shall provide notice of such hearing to the applicant by mail, postage prepaid, at least 14 days before the hearing. 19 C. No less than ten (10) business days after the public hearing on the demolition permit, the Commission shall make its determination and notify the applicant in writing stating its reasons with a copy to the Building Inspector. D. If a determination is made that the building meets one of the six criteria of a "regulated building", the Building Inspector shall not issue a demolition permit for a period of six (6) months from the date of notification to the Building Inspector. During this period, the applicant is required to make reasonable, good faith efforts to identify alternatives to demolition in order to preserve relocate or rehabilitate the building. E. If the said building is torn down without the necessary permit, no permit to rebuild or construct at the premise will be issued for a period of 3 (three)years. F. Nothing in this Section 41, "Demolition of Historically Significant Buildings" shall prohibit the Building Inspector, Board of Health or other legally authorized public official from ordering the immediate demolition of any building which is determined to be imminently dangerous or unsafe to the public. The Building Inspector, Board of Health or other legally authorized public official shall file a copy of any such order of emergency demolition with the Commission. Moved that the General Bylaws of the Town, Article VII "Safety and Public Order" be hereby amended by adding the following new section entitled "Demolition of Historically Significant Buildings": Section 41. Demolition of Historically Significant Buildings 1. Purpose This bylaw is adopted to protect and preserve buildings within the Town which reflect or constitute distinctive features of the architectural, cultural, economic, political or social history of the Town and to encourage the preservation and restoration rather that demolition of such buildings and structures. By furthering these purposes the public interest shall be promoted making the Town a more attractive and desirable place in which to live, learn and work, while maintaining the historical flavor and diversity of same. To achieve this purpose the Cohasset Historical Commission is empowered to advise the Building Inspector with respect to the issuance of permits for Demolition. The Commission shall offer its advice to owners of any building within the Town that may fall within the terms of this bylaw. 2. Definitions Commission-the Cohasset Historical Commission Demolition - the intentional act of pulling down, destroying, removing, or razing a building or commencing the work of total or substantial destruction with intent of completing same. Noncontributing - is defined as being buildings within Districts that are listed by the National Park Service as not contributing to the historical value of the District. Premises-the parcel of land on which the building is located. Regulated buildings-the provisions of this bylaw shall apply only to buildings that satisfy one or more of the following criteria: a. All buildings listed in the National Register of Historic Places either individually or as components of National Register Historic districts in Cohasset, except those officially designated as being "noncontributing" buildings. b. All buildings listed in the Massachusetts State Register of Historic Places either individually or as components of the Massachusetts State Register of Historic Places in Cohasset, except those officially designated as being "noncontributing" buildings. C. Buildings listed in publication of the Cohasset Bicentennial Committee entitled "Town of Cohasset Heritage Trail" issued 1970, as amended by the Cohasset Historical Society in 1999 ("the published list"). Copies of the published list shall be on file and available for review by members of the public at the office of the Town Clerk and at the Commission's office. d. Buildings fifty years or more in age having association with a major historic event(s), or person(s) important or significant to Cohasset's and/or the region's cultural, economic, political or social history and development as may be determined by the Cohasset Historical Commission. e. Buildings fifty years or more in age that are associated with an important or famous architect and/or builder and are representative of their works or are historically or architecturally significant in terms of uniqueness, period style, or method or building construction as may be determined by the Cohasset Historical Commission. f. Buildings fifty years or more in age though not necessarily individually outstanding historically or architecturally, that are significant in one or both those categories within the context of their neighborhood, as may be determined by the Cohasset Historical Commission. 20 3. Procedures A. No permit for the demolition of any building or shall be issued other than in conformity with this bylaw. Upon receipt of an application for a demolition permit, the Building Inspector shall forward a copy of permit to the Commission. B. Within thirty (30) business days of receipt of the application from the Building Inspector to the Commission, the Commission shall make a determination whether or not the building is a "regulated building." If the Commission determines that the building is not regulated by this bylaw, it shall sign the permit immediately and forward it to the Building Inspector who shall issue the permit, provided it otherwise meets all applicable requirements. If the Commission determines that the building is a regulated building, it shall review the application for demolition at a public hearing to be held within thirty (30) business days of determining that the building is a regulated building. The Commission shall publish a notice of the hearing in a newspaper of local circulation during each of the two weeks preceding the date of the public hearing, noting the date, location, and subject of the hearing. The applicant for the demolition permit shall pay for such notice. The Commission shall provide notice of such hearing to the applicant by mail, postage prepaid, at least 14 days before the hearing. C. No less than ten (10) business days after the public hearing on the demolition permit, the Commission shall make its determination and notify the applicant in writing stating its reasons with a copy to the Building Inspector. D. If a determination is made that the building meets one of the six criteria of a "regulated building", the Building Inspector shall not issue a demolition permit for a period of six (6) months from the date of notification to the Building Inspector. During this period, the applicant is required to make reasonable, good faith efforts to identify alternatives to demolition in order to preserve relocate or rehabilitate the building. E. If the said building is torn down without the necessary permit, no permit to rebuild or construct at the premise will be issued for a period of 3 (three)years. F. Nothing in this Section 41, "Demolition of Historically Significant Buildings" shall prohibit the Building Inspector, Board of Health or other legally authorized public official from ordering the immediate demolition of any building which is determined to be imminently dangerous or unsafe to the public. The Building Inspector, Board of Health or other legally authorized public official shall file a copy of any such order of emergency demolition with the Commission. Amendment offered by Peter Pratt. Moved that the Representatives of the Town in the general court be requested to seek legislation that would authorize the Building Inspector to enforce the following bylaw and the general bylaws of the Town, Article VII "Safety and Public Order" be amended by adding the following new section entitled "Demolition of Historically Significant Buildings." Motion is adopted. Leonora Jenkins moved that this article be indefinitely postponed. Hand count taken — Yes 134: No 63. Motion for postponement adopted. Resolution offered by Roseanne McMorris, Chairman of the Board of Selectmen. BE IT RESOLVED THAT: WHEREAS, Thomas J. Callahan has served for six years as a Selectmen of the Town, and for one year as chairman; and WHEREAS, Thomas J. Callahan has also served for nine years on the Conservation Commission, four years on the Water Resource Protection Committee, one year on the Commission on Disabilities, two years on the Drug and Alcohol Committee, two years on the Community Preservation Committee, and four years on the Growth and Development Task Force; and WHEREAS, the Town of Cohasset acknowledges his contribution towards assisting the Town's citizens in the difficult struggle to determine an acceptable balance between their quality of life and its cost through taxation; and WHEREAS, he has brought insight into the many problems that have faced the Town with his ability to solve problems. NOW, THEREFORE, BE IT RESOLVED: 21 That the citizens of Cohasset, in Town Meeting assembled, on this 27t" day of March, 2004, express their appreciation to Thomas J. Callahan for his active and dedicated interest in the promotion of sound Town government to the general welfare of all. Resolution adopted unanimously. Article 9: To see if the Town will amend Section 2 of the Cohasset Zoning Bylaws by inserting the following definition: "Sign—Political": "Any sign on which a person's candidacy for public office is announced or advertised or which expresses the view of the owner or occupant on a matter of public concern." And, further, that Section 6 "Sign Regulations", subsection 6.1 "Administration", be hereby amended by striking 6.1.1 in its entirety and replacing same with the following: "No sign (except a posting or an identification sign, not exceeding two square feet in area, or a political sign attached to a residence or in the front yard) shall be erected altered or relocated without a building permit. Permit review shall be confined to determining whether the sign conforms to this Bylaw. The Building Inspector may require a drawing and other pertinent information before issuing a permit." And, further, that subsection 6.3 be hereby amended by adding a new note 14 as follows: "No sign, other than identifying accessory signs, shall be posted or affixed upon any public structure or public building, except as may be authorized or required by law." And, further, that subsection 6.4 be hereby amended by striking subsection 6.4.1 in its entirety and replacing same with the following: "All signs shall be accessory signs except temporary and political signs." And, further, that subsection 6.4 be hereby amended by striking 6.4.7 in its entirety and replacing same with the following: "Political signs posted by the owner or occupant of the property." And, further, that subsection 6.4 be hereby amended by adding a new note 8 as follows: "Nonaccessory signs are prohibited in residential districts, except as provided for in subsections 6.4.6 and 6.4.7." And, further, that subsection 6.4 be hereby amended by adding a new note 9 as follows: "Any sign, the physical condition or appearance of which has substantially deteriorated, shall be removed." Moved that Section 2 of the Zoning Bylaw of the Town be hereby amended by inserting the following definition: "Sign—Political": "Any sign on which a person's candidacy for public office is announced or advertised or which expresses the view of the owner or occupant on a matter of public concern." And, further, that Section 6 "Sign Regulations", subsection 6.1 "Administration", be hereby amended by striking 6.1.1 in its entirety and replacing same with the following: "No sign (except a posting or an identification sign, not exceeding two square feet in area, or a political sign attached to a residence or in the front yard) shall be erected altered or relocated without a building permit. Permit review shall be confined to determining whether the sign conforms to this Bylaw. The Building Inspector may require a drawing and other pertinent information before issuing a permit." And, further, that subsection 6.3 be hereby amended by adding a new note 14 as follows: "No sign, other than identifying accessory signs, shall be posted or affixed upon any public structure or public building, except as may be authorized or required by law." And, further, that subsection 6.4 be hereby amended by striking subsection 6.4.1 in its entirety and replacing same with the following: "All signs shall be accessory signs except temporary and political signs." And, further, that subsection 6.4 be hereby amended by striking 6.4.7 in its entirety and replacing same with the following: "Political signs posted by the owner or occupant of the property." 22 And, further, that subsection 6.4 be hereby amended by adding a new note 8 as follows: "Nonaccessory signs are prohibited in residential districts, except as provided for in subsections 6.4.6 and 6.4.7." And, further, that subsection 6.4 be hereby amended by adding a new note 9 as follows: "Any sign, the physical condition or appearance of which has substantially deteriorated, shall be removed." A 2/3's vote required. Motion adopted by the required 2/3's. Article 10: To see if the Town will vote to amend Section 2.1 of the Cohasset Zoning Bylaws by adding a second sentence to the definition of Dwelling Multi-family so that the new definition in entirety shall read: "A building containing three or more dwelling units. All housing units permitted by Special Permit issued by the Planning Board pursuant to Section 16 "Senior Multi-family Residence Overlay District" of the Cohasset Zoning Bylaws, and all housing units permitted by Comprehensive Permit issued by the Zoning Board of Appeals pursuant to Chapter 40B of Massachusetts General Laws, shall be considered multi-family dwelling units for purposes of the enumeration of both "the total number of multi-family dwelling units of any kind erected in Cohasset", and of the "dwelling units of the Town", as specified in Section 16.10.3 hereunder; and under Section 16.10 "Further Requirements", at Subsection 3, in the first sentence, the number"20%" shall be changed to the number 15%". Moved that Section 2.1 of the Cohasset Zoning Bylaws be hereby amended by adding a second sentence to the definition of Dwelling Multi-family so that the new definition in entirety shall read: "A building containing three or more dwelling units. All housing units permitted by Special Permit issued by the Planning Board pursuant to Section 16 "Senior Multi-family Residence Overlay District" of the Cohasset Zoning Bylaws, and all housing units permitted by Comprehensive Permit issued by the Zoning Board of Appeals pursuant to Chapter 40B of Massachusetts General Laws, shall be considered multi-family dwelling units for purposes of the enumeration of both "the total number of multi-family dwelling units of any kind erected in Cohasset", and of the "dwelling units of the Town", as specified in Section 16.10.3 hereunder; and under Section 16.10 "Further Requirements", at Subsection 3, in the first sentence, the number "20%" shall be changed to the number "15%"'; and under Section 16.10 "Further Requirements", at Subsection 3, add the following new last sentence: "Developments and/or projects for which the Board of Selectmen as Chief Elected officials of the Town apply to the Department of Housing and Community Development for approval under the Local initiative program pursuant to 760 C.M.R. 45.00 et seq., shall neither be subject to nor precluded by the 15% limitation stated in this Section 16.10.3. Robert Sturdy moved that this article be withdrawn from consideration. Motion is defeated. Main motion requires a 2/3's vote. Main motion adopted by the required 2/3's. Resolution offered by Susan Kent, Chairwoman of the Advisory Board. WHEREAS, Galt Grant has faithfully served the people of the Town of Cohasset as a member of the Advisory Committee for the past six years, which is the same position he held thirty years ago; WHEREAS, as a member of the Advisory Committee, Galt Grant has been a committed advocate, meticulous fact- finder, enthusiastic innovator, a moderating voice of experience, and occasional referee; WHEREAS, over these many years of service, we have had the benefit of his wisdom, hard work, patience and good humor; and WHEREAS, over these many years of service, Galt Grant has had one agenda, which is to promote and protect the interest of the people of the Town of Cohasset; NOW, THEREFORE, be it resolved by the citizens of Cohasset in Town Meeting assembled, on this 27th day of March 2004, to express our gratitude to Galt Grant and deeply thank him for his dedication and devotion to our Town. Resolution adopted unanimously 23 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, with the intention that these funds be available in Fiscal Year 2004 and thereafter, to be expended by the Town Manager, in consultation with the Board of Sewer Commissioners, for the purpose of developing engineering documents, specifications and corresponding cost estimates for the provision of the sewer collection and treatment system in the Little Harbor Sewer District and the Atlantic Avenue Sewer District, this system specifically intended to serve single and multifamily dwelling units, which existed as of the date of the vote of Article 8, of the 2002 Annual Town Meeting, as previously defined and approved. Moved that One Hundred Thousand ($100,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, for the purpose of developing engineering documents, specifications and corresponding cost estimates for the provision of the sewer collection and treatment system in the Little Harbor Sewer District and the Atlantic Avenue Sewer District, this system specifically intended to serve single and multifamily dwelling units, which existed as of the date of the vote of Article 8, of the 2002 Annual Town Meeting, as previously defined and approved; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of One Hundred Thousand ($100,000.00) 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, such borrowing to be general obligations of the Town with the intent that such bonds shall be repaid from Sewer Department Revenues. This article is intended to take effect upon passage in Fiscal Year 2004. A 2/3's vote is required. Motion adopted by the required 2/3's. Resolution offered by John McNabb, Chairman of the Water Commission. BE IT RESOLVED THAT; WHEREAS, Robert Kasameyer has served the Town of Cohasset as a member of the Board of Water Commissioners for ten years, from 1994 through 2004; and WHEREAS, Robert Kasameyer joined the Water Commission in 1994-1995 helped lead the Water Commission out of crisis and disarray by putting the Water Department under contract operations, conducting an emergency engineering analysis of the distribution system, and building a new water main up Forest Ave. to solve the immediate water crisis; and WHEREAS, Robert Kasameyer helped lead the Water Commissioners to develop and implement long range plans, rehabilitate the distribution system, build the second water storage tank on Scituate Hill, put the Water Department on a firm financial footing, and to continue making improvements; and WHEREAS, Robert Kasameyer on May 8, 2003 accepted the DEPARTMENT Public Water System Award for the Cohasset Water Department, which was recognized as one of the top 10% of water systems in the state. NOW, THEREFORE BE IT RESOLVED that the Town of Cohasset, in Town Meeting assembled this twenty-seventh day of March 2004 hereby declare their deep appreciation of the outstanding service rendered to the Town of Cohasset by Robert Kasameyer and wish him success in his future endeavors. Resolution adopted unanimously. Article 17: 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, and to transfer a sum or sums from Article 20 of the March 29, 2003 Annual Town Meeting, for the Water Commission to complete various water system improvements projects including, but not limited to, improvements to the Lily Pond Water Treatment Plant, cleaning and lining water pipes, replacing water pipes, capital maintenance, and other improvements to wells, storage tanks and the water distribution system, the purchase, acquisition, or taking by eminent domain of property, and other measures to protect the sources of public drinking water supply; and that to provide said funding the Treasurer, with the approval of the Board of Selectmen, is hereby authorized a sum of money and to issued and notes of the Town, therefore, such borrowing to be general obligations of the Town with the intent that such bonds shall be repaid from Water Department Revenues. 24 Moved that Three Million ($3,000,000.00) Dollars be hereby appropriated, with the intention that these funds be available in FY 2004 and thereafter, for the Water Commission to complete various water system improvement projects including, but not limited to, improvements to the Lily Pond Water Treatment Plant, cleaning and lining water pipes, replacing water pipes, capital maintenance, and other improvements to wells, storage tanks and the water distribution system, the purchase, acquisition, or taking by eminent domain of property, and other measures to protect the sources of public drinking water supply; and that to fund the Three Million ($3,000,000.00) Dollars appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Three Million ($3,00,000.00) Dollars under and pursuant to Chapter 44, Section 8 of the Massachusetts General Laws, as amended, and to issue bonds and notes of the Town, therefore, such borrowing to be general obligations of the Town with the intent that such bonds shall be repaid from Water Department Revenues. A 2/3's vote is required. Motion adopted unanimously. Article 12: To see if the Town will vote to adopt and approve the recommendations of the Community Preservation Committee for Fiscal Year 2005, and to see if the Town will vote to implement such recommendations by appropriating a sum 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 the Town adopt and approve the recommendations of the Community Preservation Committee for Fiscal Year 2004 as follows: Recommendation A: Moved that Fiscal Year 2005 revenues to the Community Preservation Fund be divided to the following sub accounts to be administered by the Community Preservation Committee as follows: Moved that One Hundred Sixty Two Thousand Eight Hundred Five ($162,805.00) Dollars be transferred from the Community Preservation Fund to the following sub accounts to be administered by the Community Preservation Committee in FY 2005: Historical Resources Sub Account: $ 46,516.00 Open Space Sub Account: $ 46,516.00 Community Housing Sub Account: $ 46,516.00 Administrative Sub Account: $ 23,257.00 Total Budget: $162,805.00 Motion adopted unanimously. Recommendation B: Moved that Forty Six Thousand Five Hundred Sixteen ($46,516.00) Dollars be transferred from the Community Preservation Fund Housing Sub Account and Thirty Three Thousand Four Hundred Eighty Four ($33,484.00) Dollars be transferred from the Community Preservation Fund, for a total sum of Eighty Thousand ($80,000.00) Dollars, with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager, for the purposes of making various improvements to the Cohasset Housing Authority 60 Elm Street Apartment Complex. Motion adopted unanimously. Recommendation C: Moved that Ninety Eight Thousand Five Hundred ($98,500.00) Dollars be transferred from the Community Preservation Fund with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager, for improvements, including but not limited to, the installation of drainage structures, to Alumni Field located at the Cohasset Middle High School Complex on Pond Street. 25 Motion adopted unanimously. Recommendation D: Moved that Fifteen Thousand ($15,000.00) Dollars be transferred from the Community Preservation Fund with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager, to assist in the construction of a new playground at the site of the Paul Pratt Memorial Library Building and the Our World Children's Discovery Museum located on Ripley Road, subject to the condition that this money is to be spent only after Our World Children's Discovery Museum demonstrates to the satisfaction of the Town Manager that it has raised sufficient funds necessary for the completion of this project. Motion adopted. Recommendation F: Moved that any remaining balance in the Community Preservation Fund in FY 2005 be retained for future Community Preservation Committee Recommendations and action by Town Meeting. Motion adopted unanimously. At 5:30 p.m. on motion made and seconded, the Moderator adjourned the meeting to Monday, March 29, 2004 at 7 p.m. at the Cohasset High School Sullivan Gym. Monday, March 29, 2004 The Town Clerk appointed checkers and the Moderator appointed tellers. 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 Pre. 1 - 80; Pre. 2 -71; for a total of 151. Recommendation E: Moved that Eight Hundred Thousand ($800,000.00) Dollars be hereby appropriated, with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager to supplement the amount requested under Article 13 of this Town Meeting Warrant to authorize the Board of Selectmen to acquire by purchase, gift, or eminent domain taking all or a portion of the following parcels of land found on Assessor's Map 65: Parcel 6 (described by deed recorded in Norfolk County Registry of Deeds Book 17101 Page 85); Parcel 7 (described by deed recorded in Norfolk County Registry of Deeds Book 15452 Page 553); Parcel 8 (described by deed recorded in Norfolk County Registry of Deeds Book 5124 Page 647); Parcel 9 (described by deed recorded in Norfolk County Registry of Deeds Book 5204 Page 388); Parcel 10 (described by deed recorded in Norfolk County Registry of Deeds Book 5572 Page 170); Parcel 18 and Parcel 20 (described by deed recorded in Norfolk County Registry of Deeds Book 2115 Page 412) and on Assessor's Map 66: Parcel 1; Parcel 2; Parcel 4; Parcel 5 (described by deed recorded in Norfolk County Registry of Deeds Book 4778 Page 572); Parcel 6; Parcel 7 (described by deed recorded in Norfolk County Registry of Deeds Book 5244 Page 104). All the property is to be acquired in fee simple title for watershed, open space and recreation purposes; that to fund this Eight Hundred Thousand ($800,000.00) Dollar appropriation, One Hundred Thirty Five Thousand ($135,000.00) Dollars is transferred from the Community Preservation Fund Open Space Sub Account; Two Hundred Sixty Five Thousand ($265,000.00) Dollars is transferred from the Community Preservation Fund; and that the Treasurer, with the approval of the Board of Selectmen, borrow the sum of Four Hundred Thousand ($400,000.00) 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, as general obligations of the Town with the intent that the principal and interest payments are to be paid each year from the Community Preservation Fund Open Space Account, subject to the following conditions: 1. That no more than Four Hundred Thousand ($400,000.00) Dollars may be spent on the acquisitions of the so- called "James Property" (Assessors' Map 65, Parcel 18, described by deed recorded in Norfolk County Registry of Deeds Book 2115, Page 412); 2. That the contribution of the Community Preservation Funds to purchase the remaining lots does not exceed fifty-seven (57%) percent of the purchase price of each lot; 26 3. That the Town grant a conservation restriction to the Trustees of Reservations requiring that this land be used only for watershed, open space and recreation purposes. A 2/3's vote required. Motion adopted unanimously. Article 13: To see if the Town will vote to authorize the Board of Selectmen, Board of Water Commissioners or the Conservation Commission as the Town may determine, to acquire by purchase, gift, or eminent domain taking all or a portion of the following parcels of land found on Assessor's Map 65: Parcel 6 (described by deed recorded in Norfolk County Registry of Deeds Book 17101 page 85); Parcel 7 (described by deed recorded in Norfolk County Registry of Deeds Book 15452 Page 553); Parcel 8 (described by deed recorded in Norfolk County Registry of Deeds Book 5124 Page 647); Parcel 9 (described by deed recorded in Norfolk County Registry of Deeds Book 5204 Page 388); Parcel 10 (described by deed recorded in Norfolk County Registry of Deeds Book 5572 page 170); Parcel 18 and Parcel 20 (described by deed recorded in Norfolk County Registry of Deeds Book 2115 Page 412) and on Assessor's Map 66; Parcel 1; Parcel 2' Parcel 4' Parcel 5 (described by deed recorded in Norfolk County Registry of Deeds book 4778 page 572); parcel 6; Parcel 7 (described by deed recorded Norfolk County Registry of Deeds Book 5244 Page 104); Parcel 13 (described by deed recorded in Norfolk County Registry of Deeds Book 5042 page 447) and Parcel 14 (described by deed recorded in Norfolk County Registry of Deeds Book 2037 Page 45) and on Assessor's Map 67, Parcel 001 and on Assessor's Map 72, Parcels 001 and 002 (described by deed recorded in Norfolk County Registry of Deeds Book 10470 Page 210). All the property is to be acquired in fee simple title for watershed and open space purposes. This article is intended to take effect upon passage in Fiscal Year 2004. Moved to authorize the Board of Selectmen, to acquire by purchase, gift, or eminent domain taking all or a portion of the following parcels of land found on Assessor's Map 65: Parcel 6 (described by deed recorded in Norfolk County Registry of Deeds Book 17101 Page 85); Parcel 7 (described by deed recorded in Norfolk County Registry of Deeds Book 15452 Page 553); Parcel 8 (described by deed recorded in Norfolk County Registry of Deeds Book 5124 Page 647); Parcel 9 (described by deed recorded in Norfolk County Registry of Deeds Book 5204 Page 388); Parcel 10 (described by deed recorded in Norfolk County Registry of Deeds Book 5572 Page 170); Parcel 18 and Parcel 20 (described by deed recorded in Norfolk County Registry of Deeds Book 2115 Page 412) and on Assessor's Map 66: Parcel 1; Parcel 2; Parcel 4; Parcel 5 (described by deed recorded in Norfolk County Registry of Deeds Book 4778 Page 572); Parcel 6; Parcel 7 (described by deed recorded in Norfolk County Registry of Deeds Book 5244 Page 104). All the property is to be acquired in fee simple title for watershed, open space and recreation purposes. This article is intended to take effect upon passage in Fiscal Year 2004. A 2/3's vote required. Motion adopted unanimously. Article 14: To see if the Town will vote to authorize the Board of Water Commissioners to acquire by purchase, gift, or eminent domain taking all or part of the following parcels of land: As found on Assessor's map 56: Parcels 14, 16 and 16A on Doane Street (described by deed recorded In Norfolk County Registry of Deeds Book 11406 page 161); Parcel 15 on Doane Street (described by deed recorded in Norfolk County Registry of Deeds Book 8972 Page 726); Parcel 12 on Beechwood Street (described by deed recorded in Norfolk County Registry of Deeds Book 2554 Page 502); Parcel 13 on Doane Street (described by deed recorded in Norfolk County Registry of Deeds Book 4629 Page 514); Parcel 17 on East Doane Street (described by deed recorded in Norfolk County Registry of Deeds Book 2833 Page 244); on Assessor's Map 54: Parcels 24 and 25 on Beechwood Street (described by deed recorded in Norfolk County Registry of Deeds Book 8526 page 35); and the tract bounded westerly by the boundary line of Wompatuck State Park beginning at its intersection with Old Road then southeasterly and southerly to its intersection with Doane Street, southerly along the northern boundaries of the Assessor's Map 56 Parcels 58-001, 16A, 16 and 15, and Assessor's Map 54 Parcel 22; easterly by Assessor's Map 54 Parcels 22, 36, 34, 26, 33, 32, 24 and 25; northeasterly by Assessor's Map 54 Parcel 9; southeasterly by Assessor's Map 54 Parcel 9; northeasterly by a parcel marked "n/a: and by Assessor' Map 60 Parcels 9 and 10; and northwesterly by "Old Road" shown on Assessor's Map 66. All the property is to be acquired in fee simple title for all purposes which the Board of Water Commissioners may hold property and further that this article is intended to take effect upon passage in Fiscal Year 2004. 27 Moved to authorize the Board of Water Commissioners to acquire by purchase, gift, or eminent domain taking all or part of the following parcels of land: As found on Assessors' Map 60, Parcels 9 and 10; Assessors' Map 59: Parcel 11 on King Street and Parcel 12 on King Street (described by deed recorded in Norfolk County Registry of Deeds, Book 6228 Page 343); on Assessors' Map 56: Parcels 14, 16 and 16A on Doane Street (described by deed recorded in Norfolk County Registry of Deeds Book 11406 page 161); Parcel 15 on Doane Street (described by deed recorded in Norfolk County Registry of Deeds Book 8972 Page 726); Parcel 12 on Beechwood Street (described by deed recorded in Norfolk County Registry of Deeds Book 2554 Page 502); Parcel 13 on Doane Street (described by deed recorded in Norfolk County Registry of Deeds Book 4629 Page 514); Parcel 17 on East Doane Street (described by deed recorded in Norfolk County Registry of Deeds Book 2833 Page 244); on Assessors' Map 54: Parcels 24 and 25 on Beechwood Street (described by deed recorded in Norfolk County Registry of Deeds Book 8526 Page 35); Parcel 33 on Riverview Drive (described by deed recorded in Norfolk County Registry of Deeds Book 6306 Page 724); and the tract bounded westerly by the boundary line of Wompatuck State Park beginning at its intersection with Old Road then southeasterly and southerly to its intersection with Doane Street; southerly along the northern boundaries of the Assessor's Map 56 Parcels 58-001, 16A, 16 and 15, and Assessors' Map 54 Parcel 22; easterly by Assessors' Map 54 Parcels 22, 36, 34, 26, 33, 32, 24 and 25; northeasterly by Assessors' Map 54 Parcel 9; southeasterly by Assessors' Map 54 Parcel 9; northeasterly by a Parcel marked "n/a" and by Assessors' Map 60 Parcels 9 and 10; and northwesterly by "Old Road" shown on Assessors' Map 66. All the property is to be acquired in fee simple title for all purposes which the Board of Water Commissioners may hold property and further that this article is intended to take effect upon passage in Fiscal Year 2004. A 2/3's vote required. Motion adopted unanimously. Article 15: To see if the Town will vote to authorize the Board of Water Commissioners to acquire by purchase, gift, or eminent domain taking the parcel of land described on Assessor's Map 54 as Parcel 19 and more particularly described in the deed record in Norfolk County Registry of Deeds Book 8642 Page 58. All the property shall be acquired in fee simple title for all purposed for which the Board of Water Commissioners may hold property and further that this article is intended to take effect upon passage in Fiscal Year 2004. Moved to authorize the Board of Water Commissioners to acquire by purchase, gift, or eminent domain taking the parcel of land described on Assessor's Map 54 as Parcel 19 and more particularly described in the deed recorded in Norfolk County Registry of Deeds Book 8642 Page 58. All the property shall be acquired in fee simple title for all purposes for which the Board of Water Commissioners may hold property and further that this article is intended to take effect upon passage in Fiscal Year 2004. A 2/3's vote required. Motion adopted unanimously. Article 16: To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, or eminent domain taking the fee simple title in the property now known as Old Road together with any and all private rights of passage as may exist over said Old Road. Said Old Road is shown as "Old Road — Laid Out in 1670-72 on Assessor's Maps 59, 60, 61, 65, 66, 67, and 69. This article is intended to take effect upon passage in Fiscal Year 2004. Moved to authorize the Board of Water Commissioners to acquire by purchase, gift, or eminent domain taking the fee simple title in the property now known as Old Road together with any and all private rights of passage as may exist over said Old Road. Said Old Road is shown as "Old Road — Laid Out in 1670-72" on Assessors' Maps 59, 60, 61, 65, 66, 67, and 69. This article is intended to take effect upon passage in Fiscal Year 2004. A 2/3's vote required. Motion adopted unanimously. Article 18: To see if the Town will vote to appropriate a sum or sums of money for the construction of improvements to the Water Distribution System, Wellfields, and to the Lily Pond Water Treatment Plant, and for construction of Stormwater Best Management Practices in the watershed of the public drinking water supply and to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise, and further that this article is intended to take effect upon passage in Fiscal Year 2004. 28 Moved that Twenty One Million Six Hundred Eighty Two Thousand One Hundred Ninety ($21,682,190.00) Dollars be hereby appropriated for the construction of improvements to the Water Distribution System, Wellfields, and to the Lily Pond Water Treatment Plant, and for construction of Stormwater Best Management practices in the watershed of the public drinking water supply; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Twenty One Million Six Hundred Eighty Two Thousand One Hundred Ninety ($21,682,190.00) Dollars under and pursuant to Chapter 44, Section 8 of the Massachusetts General Laws, as amended, and/or Chapter 29C of the Massachusetts General Laws, or any other enabling authority, and to issue bonds and notes of the Town, therefore, such borrowing to be general obligations of the Town with the intent that such bonds shall be repaid from Water Department Revenues; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C, as amended; and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; and further that this article is intended to take effect upon passage in Fiscal Year 2004. A 2/3's vote required. Motion adopted unanimously. Article 19: To see if the Town will vote to request its representatives in the General Court to introduce legislation to authorize representatives in the General Court to introduce legislation to authorize the Water Department to provide water service to customers outside the Town of Cohasset for periods of up to forty years or take any other action related thereto and to authorize the Board of Water Commissioners to make constructive changes in perfecting the language of this legislation in order to secure its passage, it being the intent to authorize the General Court with the approval of the Board of Water Commissioners to modify the specific text of the requested legislation to secure the public policy objectives set forth herein, such legislation to read substantially as set forth below. AN ACT TO AUTHORIZE THE TOWN OF COHASSET WATER COMMISSION TO CONTRACT FOR THE SALE OF WATER FOR FORTY YEARS Section 1. Section 2 of Chapter 128 of the Acts of 1886, as amended by section 1 of Chapter 489 of the Acts of 1946 and as further amended by Chapter 436 of the Acts of 1998, is further amended in the sentence that reads "Any such contracts may be for a period not to exceed twenty years" by striking the word "twenty" and inserting in place thereof the word "forty." Section 2. This act shall take effect upon passage. and further that this article is intended to take effect upon passage in Fiscal Year 2004. Moved to amend the last sentence of Section 10(f) of Article III of the General Bylaws by striking the word "twenty" and inserting in its place thereof the word "forty" and further moved to request the Town's representatives in the General Court to introduce legislation to authorize the Water Department to provide water service to customers outside the Town of Cohasset for periods of up to forty years or take any other action related thereto and to authorize the Board of Water Commissioners to make constructive changes in perfecting the language of this legislation in order to secure its passage, it being the intent to authorize the General Court with the approval of the Board of Water Commissioners to modify the specific text of the requested legislation to secure the public policy objectives set forth herein, such legislation to read substantially as set forth below. AN ACT TO AUTHORIZE THE TOWN OF COHASSET WATER COMMISSION TO CONTRACT FOR THE SALE OF WATER FOR FORTY YEARS Section 1. Section 2 of Chapter 128 of the Acts of 1886, as amended by section 1 of Chapter 489 of the Acts of 1946 and as further amended by Chapter 436 of the Acts of 1998, is further amended in the sentence that reads "Any such contracts may be for a period not to exceed twenty years" by striking the word "twenty" and inserting in place thereof the word "forty." Section 2. This act shall take effect upon passage. and further that this article is intended to take effect upon passage in Fiscal Year 2004. 29 Amendment offered by Gary Vanderweil. Amend Article 19 as follows: Wherever the word "forty" or the words "forty years" appear, add immediately after such work or words the phrase "with the approval of Town Meeting. Additional amendment offered by Gary Vanderweil. After the words "with the approval of Town Meeting" except emergencies shall not require Town Meeting approval. Additional amendment is adopted. Original amendment as amended was a hand count. Yes 78: No 41. Motion adopted. Moved by Glenn Pratt that this article be indefinitely postponed. Motion adopted. Article 20: To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow, a sum or sums of money, with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager, to pay the Town of Cohasset's share, in conjunction with funds from the Towns of Hingham and Hull, for the engineering design and study to replace the West Corner Culvert located on Route 228 at the Hingham, Hull and Cohasset town line. Moved that Twenty Five Thousand ($25,000.00) be hereby appropriated, with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager, to pay the Town of Cohasset's share, in conjunction with funds from the Towns of Hingham and Hull, for the engineering design and study to replace the West Corner Culvert located on Route 228 at the Hingham, Hull and Cohasset town line; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Twenty Five Thousand ($25,000.00) 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. A 2/3's vote required. Motion adopted unanimously. Article 21: To see if the Town will vote to authorize improvements, pursuant to Massachusetts General Laws, Chapter 40, Section 6N, to the private way off of Atlantic Avenue that services several homes commonly known as "Newtonville", and to raise and appropriate, transfer from available funds, and/or borrow, pursuant to any applicable statute, a sum or sums of money, with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager, for said improvements, including drainage, which borrowing is to be repaid by betterments assessed upon the properties benefited thereby. Moved to authorize improvements, pursuant to Massachusetts General Laws, Chapter 40, Section 6N, to the private way off of Atlantic Avenue that services several homes commonly known as "Newtonville", and that One Hundred Thousand ($100,000.00) Dollars be hereby appropriated, with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager, for said improvements, including drainage; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow One Hundred Thousand ($100,000.00) 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, which borrowing is to be repaid by betterments assessed upon the properties benefited thereby. A 2/3's vote required. Motion adopted unanimously. Article 22: To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, an additional easement in James Lane, said additional easement comprising of approximately 1,310 square feet, all as shown on a plan entitled "Site Plan, James Lane, Cohasset, MA 02025", dated December 29, 2003, and prepared by John Cavanaro Consulting, 179 CJC Highway, Cohasset, MA 02025, which plan is on file in the Office of the Town Clerk, and 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, with the intention that these funds be available in FY 2004 and thereafter, with the intention that these funds be available in Fiscal Year 2004 and thereafter, to be expended by the Town Manager for this purpose. 30 Moved to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, an additional easement in James Lane, said additional easement comprising of approximately 1,310 square feet, all as shown on a plan entitled "Site Plan, James Lane, Cohasset, MA 02025", dated December 29, 2003, and prepared by John Cavanaro Consulting, 179 CJC Highway, Cohasset, MA 02025, which plan is on file in the Office of the Town Clerk, and that Sixty Four Thousand Two Hundred ($64,200.00) Dollars is hereby appropriated, with the intention that these funds be available in FY 2004 and thereafter, to be expended by the Town Manager, for this purpose, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Sixty Four Thousand Two Hundred ($64,200.00) 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. A 2/3's vote required. Motion adopted unanimously. Article 23: 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 providing the Town's fifty (50%) percent share of the cost for the engineering design and development of bid specifications for improvements to the sea wall between the Mill River Marina and the Atlantica Restaurant on Border Street. The article is intended to take effect upon passage in Fiscal Year 2004. Moved that Twenty Five Thousand ($25,000.00) Dollars be transferred from Overlay Surplus, to be expended by the Town Manager, for the purpose of providing the Town's fifty (50%) percent share of the cost for the engineering design and development of bid specifications for improvements to the sea wall between the Mill River Marina and the Atlantica Restaurant on Border Street. The article is intended to take effect upon passage in Fiscal Year 2004. Motion adopted unanimously. Article 24: To see if the Town will vote in accordance with Massachusetts General Laws, Chapter 59, Section 5, Clause 41 C, to increase the Gross Receipts Limit to $18,000.00 for a single person and $23,000.00 for a married couple, and to increase the Whole Estate Limit to $33,000.00 for a single person and $35,000.00 for a married couple. Moved that in furtherance of elderly tax exemption and relief from property taxes, in accordance with Massachusetts General Laws, Chapter 59, Section 5, Clause 41C, to increase the Gross Receipts Limit to $18,000.00 for a single person and $23,000.00 for a married couple, and to increase the Whole Estate Limit to $33,000.00 for a single person and $35,000.00 for a married couple. Motion adopted unanimously. Article 25: To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to enact a special act (i) authorizing the Town to issue the bonds authorized by the Town by votes of the Town passed under Article 4 of the Warrant for the for the December 6, 1999 Special Town Meeting and under Article 13 of the Warrant for the March 25, 2000 Annual Town Meeting in the total amount of $42,190,000.00, to renovate, reconstruct, make extraordinary changes, furnish, and pay for the architectural fees, and all other related costs, to the Deer Hill School and Middle/High School for the creation of additional space, handicapped accessibility, and to meet the educational specifications established by the Cohasset School Committee, for a period of not more than 23 years without regard to the term of any temporary loans incurred in anticipation of the bonds; (ii) providing that the first principal payment with respect to such bonds need not be made until 4 years from the date of the bonds; and (iii) providing how interest with respect to the bonds, and any temporary loans incurred in anticipation thereof, shall be treated for the purpose of computing the amount of any state school facilities or similar grant to be received with respect to the school projects. 31 Moved that the Town request its representatives in the General Court to introduce legislation (i) authorizing the Town to issue the bonds authorized by the Town by votes of the Town passed under Article 4 of the Warrant for the for the December 6, 1999 Special Town Meeting and under Article 13 of the Warrant for the March 25, 2000 Annual Town Meeting in the total amount of $42,190,000.00, to renovate, reconstruct, make extraordinary changes, furnish, and pay for the architectural fees, and all other related costs, to the Deer Hill School and Middle/High School for the creation of additional space, handicapped accessibility, and to meet the educational specifications established by the Cohasset School Committee, for a period of not more than 23 years without regard to the term of any temporary loans incurred in anticipation of the bonds; (ii) providing that the first principal payment with respect to such bonds need not be made until 4 years from the date of the bonds; and (iii) providing how interest with respect to the bonds, and any temporary loans incurred in anticipation thereof, shall be treated for the purpose of computing the amount of any state school facilities or similar grant to be received with respect to the school projects, and to authorize the General Court, with the approval of the Board of Selectmen, to modify the specific text of the requested legislation to secure the public policy objectives set forth herein, such legislation to read substantially as set forth below: AN ACT RELATIVE TO THE ISSUANCE OF CERTAIN BONDS BY THE TOWN OF COHASSET Section 1. Notwithstanding the provisions of any general or special law to the contrary, the Town of Cohasset is authorized to issue the bonds authorized by the Town by votes of the Town passed under Article 4 of the Warrant for the December 6, 1999 Special Town Meeting and under Article 13 of the Warrant for the March 25, 2000 Annual Town Meeting in the total amount of $42,190,000.00, to renovate, reconstruct, make extraordinary changes, furnish and pay for the architectural fees, and all other related costs, to the Deer Hill Elementary School and Middle/High School for the creation of additional space, handicapped accessibility, and to meet the educational specifications established by the Cohasset School Committee, for a period of not more than 23 years. The first payment of principal with respect to the bonds shall be made not later than 4 years after the date thereof and the period during which the bonds maybe outstanding shall not exceed 19 years from the date of the first principal payment date with respect to the bonds and shall not be reduced by the terms of any temporary loan or loans issued in anticipation of the bonds. For the purposes of computing the amount of any state school facilities or similar grant to be received by the Town with respect to the projects to be financed with the proceeds of the bonds pursuant to Chapter 70B of the General Laws, or otherwise, the final approval cost of such projects shall include all interest incurred by the Town with respect to any temporary loan or loans issued in anticipation of the bonds, but shall not include interest incurred by the Town with respect to the bonds for the period from the date of the bonds to the date one year prior to the date of the first principal payment due with respect to the bonds. Section 2. This act shall take effect upon its passage. Amendment offered by Lee Jenkins. To substitute the amount of $25,314,000 in place of $42,190,000. Amendment defeated. Motion is adopted. Article 26: To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 40, Section 57, as amended, entitled "Local licenses and permits; denial, revocation or suspension for failure to pay municipal taxes or charges", which reads as follows: "Any city or town which accepts the provisions of this section, may by bylaw or ordinance deny any application for, or revoke or suspend a building permit, or any local license or permit including renewals and transfers issued by any board, officer, department for any person, corporation or business enterprise, who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, including amounts assessed under the provisions of section twenty-one D or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate whose owner has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges. Such bylaw or ordinances shall provide that: 32 (a) The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board. (b) The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposed of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate. (c) Any party may be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. (d) The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter two hundred and sixty-eight A in the business or activity conducted in or on said property. This section shall not apply to the following licenses and permits: open burning; section thirteen of chapter forty-eight, bicycle permits; section eleven A of chapter eighty-five; sales of articles for charitable purposes, section thirty-three of chapter one hundred and one; children work permits, section sixty-nine of chapter one hundred and forty-nine; clubs, associations dispensing food or beverage licenses, section twenty-one E or chapter one hundred and forty; dog licenses, section one hundred and thirty-seven of chapter one hundred and forty, fishing, hunting, trapping license, section twelve of chapter one hundred and thirty-one; marriage licenses, section twenty-eight of chapter two hundred and seven and theatrical events, public exhibition permits, section one hundred and eighty-one of chapter one hundred and forty. A city or town may exclude any local license or permit from this section by bylaw or ordinance." And, further, 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 "Licenses and Permits; Collections": Section 42. Licenses and Permits, Collections 1. Procedure The Town licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on the list furnished to the licensing authority from the Tax Collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the Collector; provided, however, that written notice is given the party and the Collector, as required by 33 applicable provisions of law, and the party is given a hearing, to be held not earlier than 14 days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the Town licensing authority shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives certificate issued by the Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as of the day of issuance of said certificate. 2. Payment Agreements Any party so owing such tax, fee, assessment, betterment or other municipal charge may be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit, and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. 3. Waivers The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct of indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in MGL, c. 268A, § 1, in the business or activity in or on said property. 4. Applicability and Exemptions This article shall apply to all licenses and permits issued by any Town of Cohasset board, commission or officer, including, to the extent allowed by applicable law, building permits, certificates of appropriateness, orders of conditions, septic system permits, sewer permits, zoning variances and special permits, but excluding the following licenses and permits: A. All licenses and permits exempted by MGL, c. 40, § 57; B. Open Burning, MGL, c. 48, § 13; C. Sales of Articles for Charitable Purposes, MGL, c. 101, § 33; D. Children Work Permits, MGL, c. 149, § 69; E. Clubs, associations dispensing food or beverage licenses, MGL, c. 140, § 21 E; F. Dog Licenses, MGL, c. 140, § 137; G. Fishing, hunting, trapping license, MGL, c. 131, § 12; and H. Marriage Licenses, MGL, c. 207, § 28 Moved to accept the provisions of Massachusetts General Laws, Chapter 40, Section 57, as amended, entitled "Local licenses and permits; denial, revocation or suspension for failure to pay municipal taxes or charges", and, further, that the General Bylaws of the Town, Article VII "Safety and Public Order" be hereby amended by adding the following new section entitled "Licenses and Permits; Collections": Section 41. Licenses and Permits; Collections 1. Procedure The Town licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on the list furnished to the licensing authority from the Tax Collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the Collector; provided, however, that written notice is given the party and the Collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than 14 days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the Town licensing authority shall be made 34 only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives certificate issued by the Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as of the day of issuance of said certificate. 2. Payment Agreements Any party so owing such tax, fee, assessment, betterment or other municipal charge may be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit, and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. 3. Waivers The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct of indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in MGL, c. 268A, § 1, in the business or activity in or on said property. 4. Applicability and Exemptions This article shall apply to all licenses and permits issued by any Town of Cohasset board, commission or officer, including, to the extent allowed by applicable law, building permits, certificates of appropriateness, orders of conditions, septic system permits, sewer permits, zoning variances and special permits, but excluding the following licenses and permits: A. All licenses and permits exempted by MGL, c. 40, § 57; B. Open Burning, MGL, c. 48, § 13; C. Sales of Articles for Charitable Purposes, MGL, c. 101, § 33; D. Children Work Permits, MGL, c. 149, § 69; E. Clubs, associations dispensing food or beverage licenses, MGL, c. 140, § 21 E; F. Dog Licenses, MGL, c. 140, § 137; G. Fishing, hunting, trapping license, MGL, c. 131, § 12; and H. Marriage Licenses, MGL, c. 207, § 28 Amendment offered by Kevin O'Donnell. Moved to add under 4. Applicability and Exemptions the letter I. Firearm license c. M.G.L. c.140 § 31. Motion to amend is adopted. Main motion as amended is adopted unanimously. Article 27: To see if the Town will vote to amend Article VII, "Safety and Public Order" of the General Bylaws ("the Bylaws") as follows: By deleting the second to last sentence in Section 40 of the Bylaws which sentence states: "Building Permits may be appealed to the Board of Appeals" so that the revised Section 40 will read as follows: 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: "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." Moved that the General Bylaws of the Town, Article VII "Safety and Public Order" be hereby amended as follows: 35 By deleting the second to last sentence in Section 40 of the Bylaws which sentence states: "Building Permits may be appealed to the Board of Appeals" so that the revised Section 40 will read as follows: 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: "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. It was moved and seconded at 10 p.m. that this meeting stand adjourned only for the election to be held on Saturday, April 3, 2004. A True Record, ATTEST: Marion L. Douglas, Town Clerk 36