HomeMy WebLinkAboutMinutes - TM - 04/02/2005 Index Annual Town Meeting—April 2, 2005
Article # Description of Article
1 Accept town report. Adopted unanimously.
2 Hear and act on reports. Adopted unanimously.
3 Operating budget. Adopted.
4 Community Preservation Fund
a. Recommendation A—Funding Sub Accounts—Adopted unanimously.
b. Recommendation B—Housing Authority improvements. Adopted
unanimously.
c. Recommendation C—Restoration to Captain John Wilson House. Adopted
unanimously.
d. Remaining balance retained—Adopted unanimously.
5 Unpaid bills from previous year. Adopted unanimously.
6 Additional appropriations Fiscal Year 05. Adopted
7 Zoning Bylaw—Demolition delay. Motion defeated.
8 Zoning Bylaw—Land alteration. Motion defeated.
9 Zoning Bylaw—Large home plan review. Withdrawn.
10 Zoning Bylaw— Section 8 amendments. Motion defeated.
11 Feasibility study funding—Sewer Commission. Adopted.
12 Little Harbor/Atlantic Ave project funding. Adopted.
13 Deep Run/Rust Way project funding. Adopted.
14 Betterments 50150—Sewer Commission. Adopted.
15 Water Department—donation of land—Adopted unanimously.
16 General Bylaw—Financial reporting. Adopted.
17 General Bylaw—Revolving& Enterprise fund reporting. Adopted.
18 Water Department—water rates and project funding. Adopted
19 Assessors Compensation. Adopted
20 Alternative Energy Committee. Adopted unanimously.
21 General Bylaw—Vernal pools. Adopted.
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Annual Town Meeting—April 2, 2005
At the Annual Town Meeting held on Saturday, April 2, 2005 at the Cohasset High School
Sullivan Gymnasium the following articles were contained in the warrant and acted upon as
follows.
Checkers sworn in by the Town Clerk, Marion L. Douglas at 9:30 a.m. were Carol St. Pierre,
Janice Rosano, Debra Krupczak, Kathleen Rhodes, Margaret Hernan and Geraldine Ainslie.
Tellers were appointed and sworn in by the Moderator, George L. Marlette III.
The Moderator called the meeting to order at 10:10 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 —316 and Precinct
2— 152 for a grand total of 468 voters. A moment of silence was observed for Pope John Paul II.
Citizens recited 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.
Article 1
To act upon the reports of the various Town Officers as printed in the Annual Town Report for
2004.
MOVED that the reports of the various Town Officers as printed in the Annual Town Report for
2004 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.
Michael Sullivan gave a report for the Board of Selectmen. A report of the School Investigation
Committee was given by Richard Avery and Gabriel Gomez.
MOVED that the reports of any committees heretofore chosen be heard and accepted.
Motion adopted unanimously.
It was moved by Alex Koines to advance articles 16 and 17.
Motion defeated.
2
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.
3
APPENDIX A
TOWN MANAGER'S RECOMMENDATIONS,ARTICLE 3
Town
Department Manager
Dept. Budget Budget Request Recommend.
No. Appropriation Fiscal2004 Fiscal2006 Fiscal2006 Fiscal2006
GENERAL GOVERNMENT
114 Moderator:
Personal Services 573 573 573 573
122 Selectmen:
Personal Services 5,500 5,500 5,500 5,500
General Expenses 135,832 66,012 66,800 58,800
129 Town Manager: 41,500
Personal Services 105,475 105,475 115,O00 115,000
Town Hall Clerical 420,990 399,263 423,147 422,148
General Expenses 6,360 6,360 6,600 6,550
131 Advisory Committee:
General Expenses 345 345 345 345
133 Reserve Fund:
Reserve Fund 100,000 167,000 125,O00 125,000
135 Director of Finance
Personal Services 87,865 87,865 92,639 92,639
General Expenses 27,300 35,300 30,300 28,968
141 Assessors:
Personal Services-Elected 3,700 3,700 3,700 3,700
Personal Services 59,682 60,320 62,130 62,130
General Expenses 11,505 11,505 13,055 11,855
Revaluation 0 20,000 5,000 0
145 Treasurer-Collector:
Personal Services 62,769 62,969 65,O02 65,002
General Expenses 42,750 42,750 42,750 40,450
151 Legal:
Town Counsel 295,000 180,000 180,O00 150,000
161 Town Clerk:
Personal Services-Elected 54,455 54,455 57,119 57,119
Personal Services 13,833 16,466 12,670 11,307
General Expenses 9,706 10,562 9,135 8,735
Capital Outlay 0 0 16,250 0
171 Conservation Commission:
General Expenses 27,800 27,800 37,800 37,400
175 Planning Board:
Personal Services 30,000 30,000 30,900 10,300
General Expenses 14,730 14,730 14,730 4,400
176 Zoning Board of Appeals:
General Expenses 4,385 4,385 4,385 4,385
195 Town Reports:
General Expenses 16,000 16,000 16,O00 15,000
197 Parking Clerk:
General Expenses 2,500 2,500 2,500 2,000
199 Unclassified:
Audit of Accounts 8,500 8,500 8,500 8,500
Water Purchase 45,000 67,000 67,O00 50,000
So.Shore Coalition 4,000 4,000 4,O00 4,000
GENERAL GOVERNMENT 1,638,055 1,511,335 1,518,530 1,401,806
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APPENDIX A
TOWN MANAGER'S RECOMMENDATIONS,ARTICLE 3
Town
Department Manager
Dept. Budget Budget Request Recommend.
No. Appropriation Fiscal2004 Fiscal2005 Fiscal2006 Fiscal2006
PUBLIC SAFETY
210 Police.
Personal Services 1,571,318 1,519,634 1,618,472 1,531,197
General Expenses 106,850 103,850 114,840 95,750
Capital Outlay 28,000 28,000 28,840 0
220 Fire:
Personal Services 1,529,669 1,468,462 1,610,393 1,572,642
General Expenses 156,520 159,610 213,145 147,345
Hydrant Services 27,414 67,414 155,495 67,414
241 Building Inspector:
Personal Services 62,140 62,140 67,700 67,700
General Expenses 3,955 3,955 5,550 5,400
242 Plumbing&Gas Inspector:
General Expenses 6,500 6,500 8,000 8,000
244 Weights&Measures:
Personal Services 2,600 2,600 2,600 2,600
General Expenses 450 450 450 45C
245 Wire:
General Expenses 16,500 16,500 17,500 17,500
291 Civil Defense:
Salaries&Expenses 450 450 5,450 5,350
295 Harbor:
Personal Services 61,153 61,153 62,589 62,589
General Expenses 7,400 7,400 7,400 5,100
296 Shellfish Constable:
Personal Services 500 500 500 500
TOTAL PUBLIC SAFETY 3,581,419 3,508,618 3,918,924 3,589,537
SCHOOLS
300 Cohasset Public Schools:
Salaries&Expenses 11,418,829 12,037,300 12,869,382 12,869,382
301 Vocational Assessment 59,238 86,988 95,770 95,770
TOTAL SCHOOLS 11,478,067 12,124,288 12,965,152 12,965,152
422 Public Works
Personal Services 690,671 694,605 727,764 700,327
General Expenses 508,454 562,840 542,945 521,751
423 Snow Removal 50,626 50,626 51,156 51,156
426 Maintenance Division
Payroll&Expenses 373,445 426,822 456,056 456,056
424 Street Lighting
General Expenses 55,890 55,890 58,000 58,000
TOTAL PUBLIC WORKS 1,679,086 1,790,783 1,835,921 1,787,290
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APPENDIX A
TOWN MANAGER'S RECOMMENDATIONS,ARTICLE 3
Town
Department Manager
Dept. Budget Budget Request Recommend.
No. Appropriation Fiscal2004 Fiscal2005 Fiscal2006 Fiscal2006
440 Sewer
General Expenses 814,264 871,678 877,315 875,315
TOTAL SEWER 814,264 871,678 877,315 875,315
-------------------------------------------
510 Board of Health.
Personal Services 102,541 126.274 130,412 123,527
General Expenses 12,241 12,241 13,980 12,100
541 Council on Aging:
Personal Services 122,417 122.617 129,188 126,972
General Expenses 30,825 36,605 40,967 31,160
543 Veterans'Services:
Personal Services 1,600 1.600 1,600 1,600
General Expenses 1,000 1,000 1,000 425
599 Commission on Disabilities:
General Expenses 100 100 100 100
TOTAL HEALTH&WELFARE 270,724 300,437 317,247 295,884
-------------------------------------------
610 Library:
Personal Services 324,056 336.878 371,144 355,683
General Expenses 78,833 84,418 118,211 100,211
630 Recreation:
Personal Services 116,505 116.505 118,490 118,425
General Expenses 6,380 6,380 6,380 6,380
690 Common Historical District:
General Expenses 200 200 200 200
691 Historic Preservation
Personal Services 800 800 800 800
General Expenses 200 200 200 200
692 Celebrations:
General Expenses 2,500 2,500 2,500 2,500
TOTAL CULTURE&RECREATION 529,474 547,881 617,925 534,399
-------------------------------------------
710 Principal:
General Expenses 1,033,271 1,014,301 1,152,935 1,152,935
751 Long Term Interest:
General Expenses 390,109 421,322 418,085 418,085
752 Excluded Debt
General Expenses 2,381,703 2,366,540 3,216,270 3,216,270
TOTAL DEBT SERVICE 3,805,083 3,802,163 4,787,290 4,787,290
-------------------------------------------
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APPENDIXA
TOWN MANAGER'S RECOMMENDATIONS,ARTICLE 3
Town
Department Manager
Dept. Budget Budget Request Recommend.
No. Appropriation Fiscal2004 Fiscal2005 Fiscal2006 Fiscal2006
911 Pensions:
Norfolk County 679,498 843,884 1,003,173 1,003,173
Non-Contributory 3,400 3,400 3,400 0
912 Workers'Compensation:
General Expenses 71,829 105,000 105,000 90,000
913 Unemployment:
General Expenses 5,000 5,000 5,000 5,000
914 Health Insurance:
General Expenses 1,731,715 1,873,251 2,059,000 1,966,000
915 Life Insurance:
General Expenses 5,200 6,760 8,000 8,000
916 Medicare Tax
General Expenses 149,000 175,000 190,000 190,000
945 Property&Liability Insurance
General Expenses 180,000 230,000 243,750 222,500
TOTAL BENEFITS&INSURANCE 2,825,642 3,242,295 3,617,323 3,484,673
450 Water Department:
General Expenses 770,187 888,100 1,069,320 1,069,320
Town Hall Services 31,296 31,296 31,296 31,296
Maturing Debt-Principal 656,910 663,160 708,531 708,531
Maturing Debt-Interest 371,545 406,279 446,331 446,331
Capital 100,000 100,000 100,000 100,000
------------------------------ --------------------------------
TOTAL WATER 1,929,938 2,088,835 2,355,478 2,355,478
------------------------------ --------------------------------
TOTAL OPERATING BUDGET 28,551,752 29,788,313 32,811,105 32,126,824
General Government 1,638,055 1,511,335 1,518,530 1,401,806
Public Safety 3,581,419 3,508,618 3,918,924 3,589,537
Education 11,478,067 12,124,288 12,965,152 12,965,152
Public Works 1,679,086 1,790,783 1,835,921 1,787,290
Sewer 814,264 871,678 877,315 875,315
Health&Welfare 270,724 300,437 317,247 295,884
Culture&Recreation 529,474 547,881 617,925 584,399
Debt 3,805,083 3,802,163 4,787,290 4,787,290
Benefits&Insurance 2,825,642 3,242,295 3,617,323 3,484,673
Water 1,929,938 2,088,835 2,355,478 2,355,478
TOTAL OPERATING BUDGET 28,551,752 29,788,313 32,811,105 32,126,824
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APPENDIX B
SALARIES AND RATE SCHEDULES FY 2006
3%
GRADE 1st 2nd 3rd 4th 5th 6th 7th
A Hourly 9,86 10.42 10.98 11.54 12,11 12,68 13,25
35 Hrs. 345.06 364.73 384.38 404.04 423.7 443.85 463.83
40 Hrs. 394.35 416.84 439.29 461.77 484.23 507.26 530.09
B Hourly 10.65 11.26 11.87 12.48 13.05 13.66 14.28
35 Hrs. 372.58 394.21 415.35 436.97 456.64 478.27 499.79
40 Hrs. 425.81 450.53 474.68 499.4 521.87 546.6 571.19
C Hourly 11.53 12.15 12.79 13.43 14.1 14.79 15.45
35 Hrs. 403.55 425.18 447.79 469.91 493.5 517.58 540.88
40 Hrs. 461.2 485.92 511.76 537.04 564 591.52 618.14
D Hourly 12.43 13.16 13.83 14.55 15.27 15.97 16.69
35 Hrs. 435.01 460.57 484.16 509.23 534.3 558.88 584.03
40 Hrs. 497,16 526.37 553.32 581.98 610.63 638.72 667.46
E Hourly 13.41 14.2 14.93 15.7 16.47 17.25 18.02
35 Hrs. 469.42 496.94 522.51 549.54 576.57 603.61 630.77
40 Hrs. 536.48 567.93 597.15 628.04 658.94 689.84 720.88
F Hourly 14.48 15.32 16.12 16.91 17.78 18.61 1945.
35 Hrs. 50678 536.26 564.28 591.81 622.29 651.29 680.59
40 Hrs. 579.17 612.87 644.9 676.36 711.19 744.33 777.82
G Hourly 15.66 16.52 17.43 18.31 19.2 2005. 2096.
35 Hrs. 548.06 578.05 610 640.96 671.93 701.92 733.5
40 Hrs. 626.36 660.63 697.14 732.53 767.92 802.19 838.29
H Hourly 16,89 17.85 18.82 19.8 2073 21,68 22,66
35 Hrs. 591.32 624.74 658.66 693.06 725.5 758.93 793.08
40 Hrs. 675,8 713.99 752.76 792.07 829.15 867.35 906.38
1 Hourly 18.26 19.27 20.32 21.35 22.39 23.43 24.48
35 Hrs. 639 674.39 711.26 747.14 783.51 819.88 856.78
40 Hrs. 730.28 770.73 812.86 853.87 895.44 937.01 979.17
J Hourly 19.7 20.8 21.92 23.02 24.2 25.32 26.46
35 Hrs. 689,63 727.97 767.29 805.63 846.92 886.24 926.12
40 Hrs. 788.14 831.96 876.9 920.72 967.91 1,012.84 1,058.42
K Hourly 21.29 22.47 23.72 24.9 26.11 27.33 28.56
35 Hrs. 745.17 786.46 830.21 871.5 913.77 956.53 999.57
40 Hrs. 851.62 898.81 948.81 996 1,044.31 1,093.18 1,142.36
L Hourly 23 24.32 25.63 26.94 28,23 2951 30,83
35 Hrs. 805.14 851.34 897.06 942.77 987.99 1,032.72 1,079.19
40 Hrs. 920.16 972.96 1,025.21 1,077.45 1,129.13 1,180.25 1,233.36
M Hourly 24.86 26.22 27.64 29.06 30.48 31.89 33.33
8
9
PAY POSITIONS
GROUP AUTHORIZED SCHEDULE HOURS
Schedule 1 - Regular Employees
Board of Assessors
Deputy Assessor/Appraiser Contract 1 40
Assistant Assessor H 1 7 35
Administrative Assistant G 1 7 35
Building Department
Building Commissioner/Zoning Officer Contract 1 40
Clerk E 1 7 21
Civilian Dispatch
Communications Supervisor H 1 1 40
Communications Officer F 3 1 40
Communications Officer F 2 1 16
Elder Affairs
Director Contract 1 40
Outreach Coordinator 1 1 1 28
Volunteer Coordinator G 1 1 18
Van Driver F 2 1 19
Clerk G 1 1 15
Fire Department
Fire Chief Contract 1 40
Captain FS - 13 4 5 42
Lieutenant FS - 12 9 5 42
Firefighter- EMT FS- 10 4 5 42
Firefighter- Paramedic FS - 11 11 5 42
Harbor Department
Harbormaster Contract 1 1 40
Board of Health
Office Manager/Inspector Contract 1 40
Health Agent Contract 1 15
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
10
Senior Clerk L2 1 6 35
Planning Board/Conservation Commission
Town Planner Contract 1 8
Secretary G 1 7 25
Police Department
Police Chief Contract 1 40
Sergeant PS - 11 5 4 37.5
Patrolman PS - 09 13 4 37.5
Secretary G 1 7 40
Department of Public Works
Superintendent Contract 1 40
General Foreman K 1 1 40
Working Foreman 1 4 1 40
Heavy Equipment Operator G 4 1 40
Skilled Utility Worker F 2 1 40
Tree Climber F 1 1 40
Maintenance Worker F 1 1 40
Maintenance Worker G 1 1 40
Skilled Utility Worker- Cemetery F 1 1 40
Administrative Assistant G 1 1 30
Recreation
Director Contract 1 40
Board of Selectmen
Administrative Assistant/Human
Resources H 1 1 40
Secretary/Receptionist F 1 1 35
Director of Finance/Town Accountant
Director of Finance/Town Accountant Contract 1 40
Assistant Town Accountant G 1 7 25
Town Clerk
Assistant Town Clerk G 1 7 40
Town Manager
Town Manager Contract 1 40
Treasurer/Collector
Treasurer/Collector Contract 1 40
Assistant Treasurer/Collector H 1 7 40
Assistant to Treasurer G 1 7 35
11
Schedule 1a - Elected Employees
Town Clerk $57,119
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$1,200 $2,400
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
Assistant Director of Emergency
Management $100
Shellfish Constable $500
Animal Control Officer $13,770
Keeper of the Town Clock $100
Keeper of the Town Pump $100
Schedule 2b - Part Time Positions Hourly"
Assistant Harbor Master $12.00
Casual Labor $6.75
Election Officers $10.00
Election Clerk $10.00
Election Warden $10.00
Summer Patrolman $14.00
Police Matron $13.00
Deputy Building Inspector(H-Min) $16.89
Library Pages $8.00
Recording Secretary $12.07
Schedule 3 - Part Time Positions
Constable - Per Notice $20.00
Schedule 4- Informational Only
(Collective Bargaining
Police Department Unit)
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Schedule 5 - Informational Only
(Collective Bargaining
Fire Department Unit)
Schedule 6 - Informational Only
(Collective Bargaining
Library Unit)
Schedule 7 - Informational Only
(Collective Bargaining
Municipal Clerical and Custodial 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
Director of Facilities
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CAPITAL BUDGET - APPENDIX C
TOWN OF COHASSET
CAPITAL BUDGET
FV 2005TO FV 2009
DEPARTMENTATEM 2004 2005 2006 2007 2008 2009
Board of Selectmen
Private Ways Repair $25,000 $50,000 $25,000 $25,000 $25,000
Harbor Seawall $600,000
Border Street Bridge $50,000
Sandy Beach Parking Lot $75,000
Forest Avenue Sidewalk
Beechwood Street Sidewalk $100,000
Police Department
Cruiser Replacement Program $60 000 $56,000 $70,000 $60,000 $60,000 $60,000
Police Station Construction $4,000,000
Portable Radio Replacement
Computer Upgrades $30,000
Cruiser Radio Replacement $34,000
Fire Department
Replace Chief's Vehicle $35,000
Refurbish Engine One $40,000
Replace Ambulance $150,000
Replace Engine Two $300,000
School Department
School Bus Replacement $60,000 $60,000 $60,000 $600,000
Technology Upgrades $100,000 $100,000 $100,000 $100,000
Department of Public Works
Loam and Seed Town Common/Inc.Sprinkler System $60,000
Replace Sidewalk on Town Common $10,000
Replace Vehicles $62,000
Replace 1986 Dump Truck $75,000
Replace 1982 Ford Bucket Truck $100,000
New Mowing Machine $25,000
Replace 1988International $80,000
Replace 1985 CAT Loader $150,000
Replace 1988 655 Loader and Backhoe $85,000
Replace 1989 Peterbilt $100,000
Paul Pratt Library
Upgrade OCLN Terminals $12,000 $12,000 $12,000 $12,000
,GRAND TOTAL $179,000 $758,000 $692,000 $587,000 $4,492,000 $1,197,000
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MOVED that Thirty One Million Eight Hundred Eighty Six Thousand Eight Hundred Twenty
Four ($31,886,824) Dollars be appropriated for the Fiscal Year 2006 Annual Town Budget to be
allotted as follows: $66,649 for salaries of elected Town Officials consisting of the Town Clerk
$57,119; 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 $31,820,175 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 2005 Annual Town Meeting and Appendix B of the Warrant for
the 2005 Annual Town Warrant, a copy of which Appendices are incorporated here by reference,
and to meet the appropriation, the following transfers are made:
$2,355,478 from Water Revenue
$ 875,325 from Sewer Revenue
$ 325,000 from Free Cash
$ 75,000 from Overlay Surplus
$ 80,000 from Pension Reserve
$ 11,645 from Waterways Fund
$ 10,000 from Wetlands Fund
$ 50,000 from Sale of Burial Lots
And the remaining balance of$28,104,376 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.
Corrections to appendix A under Schools Dept. 300 -recommended for fiscal 2006 is
$12,533,612 with a total for schools of$12,629,382 and the total operating budget of
$31,886,824.
Motion adopted.
Proclamation offered by Roseanne McMorris, member of the Board of Selectmen.
WHEREAS, George Marlette has served as the Town Moderator from 1992 to 2005; and
WHEREAS, he has also served for five years on the Board of Registrars and three years on the
School Facilities Committee; and
WHEREAS he has dedicated his time and efforts to ensure the citizens of Cohasset a safe and
effective Town Meeting.
NOW, therefore, BE IT RESOLVED, that we the Board of Selectmen of the Town of Cohasset
are honored to recognize him as a valued member of this community, and acknowledge with
great admiration the positive results that his spirit of volunteerism and kindness has achieved.
15
GIVEN under our hands and the seal of the TOWN OF COHASSET this second day of April
in the year Two Thousand Five.
Proclamation adopted unanimously.
Article 4
To see if the Town will vote to adopt and approve the recommendations of the Community
Preservation Committee for Fiscal Year 2006, and to see if the Town will vote to implement
such recommendations by appropriating a sum or sums of money from the Community
Preservation Fund established pursuant to Chapter 44B of the General Laws, and by authorizing
the Board of Selectmen, with the approval of the Community Preservation Committee to acquire,
by purchase, gift or eminent domain such real property interests in the same of the Town, or
enforceable by the Town, including real property interests in the form of permanent affordable
housing restrictions and historical preservation restrictions that will meet the requirements of
Chapter 184 of the General Laws, as may be necessary or proper to carry out the foregoing.
Recommendation A:
MOVED that Fiscal Year 2006 revenues to the Community Preservation Fund be divided to the
following sub accounts to be administered by the Community Preservation Committee as
follows:
Historical Resources Sub Account (10%) $ 53,769.00
Open Space Sub Account (10%) $ 53,769.00
Community Housing Sub Account (10%) $ 53,769.00
Total Budget $161,307.00
Motion adopted unanimously.
Recommendation B:
MOVED that Fifty Three Thousand Seven Hundred Sixty Nine ($53,769.00) Dollars be
transferred from the Community Preservation Fund Housing Sub Account and Three Hundred
Forty Six Thousand Two Hundred Thirty One ($346,231.00) be transferred from the Community
Preservation Fund, for a total of Four Hundred Thousand ($400,000.00) Dollars, with the
intention that these funds be available in Fiscal 2005 and thereafter, which funds are to be
expended by the Town Manager for the purposes of making various improvements to the
Cohasset Housing Authority's 60 Elm Street Apartment Complex, provided however, because
the funds appropriated herein are represented to be only a portion of the funds necessary to
complete the improvements, this appropriation shall not be expended by the Town Manager,
nor the transfers voted in this motion shall not be implemented, unless, prior to the end of Fiscal
Year 2006, the Cohasset Housing Authority has demonstrated to the Town Manager's
satisfaction, that all additional funds necessary for the completion of the improvements have
been secured and is in place, whether through donations, grants, or other sources of funds, to
supplement the appropriation contained in this motion, and provided further that in the event the
Housing Authority fails to make this demonstration by that date, then this appropriation shall
16
expire and the transfers herein voted shall not come to pass, so that the money appropriated
herein will remain in the Community Preservation Fund Housing Sub Account and the
Community Preservation Fund in the amounts as set forth above as of June 30, 2006.
Motion adopted unanimously.
Recommendation C:
MOVED that the sum of Ninety Thousand Four Hundred Ninety Eight ($90,498.00) Dollars be
transferred from the Community Preservation Fund Historical Resources Sub Account and the
sum of Nine Thousand Seven Hundred Forty Six ($9,746.00) Dollars be transferred from the
Community Preservation Fund, for a total sum of One Hundred Thousand Two Hundred Forty
Four ($100,244) Dollars, to be expended by the Town Manager for the purposes of performing
restoration work to the Cohasset Historical Society's Captain John Wilson House and all other
related work, provided, however, that the Board of Selectmen be hereby authorized to acquire in
return for such sum a historic preservation restriction in compliance with Chapter 184 of the
General Laws and the specific work items be performed with the prior approval of the
Community Preservation Committee.
Motion adopted unanimously.
Recommendation D:
MOVED that any remaining balance in the Community Preservation Fund in Fiscal 2006 be
retained for future Community Preservation Committee Recommendations and action by Town
Meeting.
Motion adopted unanimously.
Article 5:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or
borrow, pursuant to any applicable statute, a sum or sums of money, to be expended by the Town
Manager, to pay for unpaid bills from previous fiscal years.
VENDOR AMOUNT REQUESTED
Deutsch, Williams, Brooks, DeRensis $59,455
MOVED that Fifty Nine Thousand Four Hundred Fifty Five ($59.455) Dollars be appropriated,
to be expended by the Town Manager to pay for unpaid bills from previous fiscal years, as
follows:
VENDOR AMOUNT
Deutsch, Williams, Brooks, DeRensis $59,455
17
And to meet this appropriation, the sum of Fifty Nine Thousand Four Hundred Fifty-Five ($59,455) Dollars
be transferred from the unexpended balance of Article 7 of the 2003 Annual Town Meeting.
An 8/10's vote required. Motion adopted by the required 8/10's.
Article 6•
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, 2005.
Department Budget Request Purpose
Advisory Comm. Reserve Fund $100,000 School Expenses
Legal Expenses $ 40,000 Town Counsel
Police Department Salaries $100,000 Overtime Shortfall
Fire Department Salaries $ 75,000 Overtime Shortfall
School Dept. Expenses $100,000 Various Expenses
Building Maintenance Expenses $ 30,000 Various Expenses
Unemployment Expenses $ 16,000 Various Expenses
MOVED that Four Hundred Sixty One Thousand($461,000) Dollars, be hereby transferred to
the Fiscal 2005 budgetary items set forth below amending the amounts appropriated by the Town
pursuant to Article 3 of the 2004 Annual Town Meeting(which appropriations may have been
amended at the December 6, 2004 Special Town Meeting), which funds after transfer are to be
expended by the Town Manager, to supplement certain departmental budgets and appropriations
set forth below to complete the fiscal year ending June 30, 2005, as follows.
Transfer Funds to:
Advisory Comm. Reserve Fund $100,000.00
Legal Expenses $ 40,000.00
Police Department Salaries $100,000.00
Fire Department Salaries $ 75,000.00
School Dept. Expenses $100,000.00
Building Maintenance Expenses $ 30,000.00
Unemployment Expenses $ 16,000.00
TOTAL AMOUNT TRANSFERRED $461,000.00
And to fund these transfers, Four Hundred Sixty One Thousand($461,000) Dollars be
transferred from the unexpended balance of Article 7 of the 2003 Annual Town Meeting.
Motion adopted.
18
Resolution offered by Frederick Koed, member of the Board of Selectmen.
WHEREAS, Martha K. Gjesteby
Has served for nine years on the Board of Selectmen, 1987 through 1996.
Has served two terms on the School Committee 1979 through 1986.
Has served on numerous other elected and appointed committees such as Capital Budget,
Planning Board, MAPC, Historic Commission and other community organizations over a thirty
year period of time..
Now, THEREFORE, Be it resolved,
That the citizens of Cohasset, in Town Meeting assembled, on this 2nd day of April 2005, express
their sincere appreciation to Martha K. Gjesteby for her guidance, her leadership and her service.
Resolution adopted unanimously.
Article 7:
To amend the Zoning Bylaw of the Town by adding a new Section 17 as follows:
17. Demolition of Historically Significant Buildings
17.1. 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 than demolition of such
buildings. By furthering these purposes the public welfare shall be promoted, making the Town
a more attractive and desirable place in which to live, learn and work, while maintaining the
historic flavor and diversity of same.
To achieve this purpose the Cohasset Historic Commission is empowered to advise the Building
Inspector with respect to the issuance of permits for demolition, and to hold hearings and make
determinations as set forth below. The Commission shall offer its advice and expertise to owners
of any building within the town that may fall within the terms of this by-law.
17.2. Definitions:
17.3.
Commission—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.
19
Noncontributing—a building that is listed by the National Park Service as not contributing to the
historical value of the District in which it is located.
Premises—The parcel of land on which the building is located
Regulated Building - a building that satisfies one or more of the following criteria:
1. All buildings listed on the National Register of Historic Places, either individually
or as components of National Register Historic Districts in Cohasset, except those
officially designated as being "non-contributing"buildings:
2. All buildings listed on 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 "non-contributing"
buildings:
3. Buildings listed in publication of the Cohasset Bicentennial Committee entitled
"Town of Cohasset "Heritage Trail" first issued in 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. The published list is herby
incorporated by reference in this Section 17.
4. Buildings one hundred (100) years or more in age associated with one or more
historic persons or events, or with broad architectural, cultural, economic,
political or social history of the Town.
5. Buildings one hundred (100) years or more in age historically or architecturally
significant in terms of period style, method or building constructions or
association with a significant architect or builder either by itself or as part of a
group of buildings.
17.3. Procedures:
1. No permit for the demolition of any building shall be issued other than in
conformity with this Section 17. Upon receipt of an application for a demolition
permit, the Building Inspector shall forward a copy of the permit application to
the Commission.
2. The Building Inspector shall initially determine if a building is a potentially
Regulated Building, either by inclusion on a federal, state or local register or by
reason of age. Any building the age of which cannot be reasonably determined by
the Building Inspector shall be referred to the Commission. If then referred to the
Commission, within thirty (30) days, the Commission shall hold and conclude a
public hearing for the purpose of determining whether or not the building is a
"regulated building." The Commission shall publish a notice of the hearing in a
20
newspaper of local circulation at least one week 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 one week
before the hearing. No less than ten (10) business days after the close of 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.
3. 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 application requirements.
4. If the Commission determines that the building is 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 expected to work with the Commission to make a
reasonable, good faith effort to identify alternatives to demolition in order to
preserve, relocate or rehabilitate the building.
5. In addition to all other available enforcement remedies, if the said building is torn
down without the necessary demolition permit, no building permit to rebuild or
construct at the premises will be issued for a period of three (3)years.
6. Nothing in this Section, "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 Cohasset Zoning Bylaw be hereby amended by inserting a new Section 17 to
the Zoning Bylaw, as follows:
17. Demolition of Historically Significant Buildings
17.1. 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 than demolition of such
buildings. By furthering these purposes the public welfare shall be promoted, making the Town
a more attractive and desirable place in which to live, learn and work, while maintaining the
historic flavor and diversity of same.
To achieve this purpose the Cohasset Historic Commission is empowered to advise the Building
Inspector with respect to the issuance of permits for demolition, and to hold hearings and make
21
determinations as set forth below. The Commission shall offer its advice and expertise to owners
of any building within the town that may fall within the terms of this by-law.
17.2. Definitions:
Commission—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—a building that is listed by the National Park Service as not contributing to the
historical value of the District in which it is located.
Premises—The parcel of land on which the building is located
Regulated Building - a building that satisfies one or more of the following criteria:
1. All buildings listed on the National Register of Historic Places, either individually
or as components of National Register Historic Districts in Cohasset, except those
officially designated as being "non-contributing"buildings:
2. All buildings listed on 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"non-contributing"
buildings:
3. Buildings listed in publication of the Cohasset Bicentennial Committee entitled
"Town of Cohasset"Heritage Trail" first issued in 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. The published list is herby
incorporated by reference in this Section 17.
4. Buildings one hundred(100)years or more in age associated with one or more
historic persons or events, or with broad architectural, cultural, economic,
political or social history of the Town.
5. Buildings one hundred(100)years or more in age historically or architecturally
significant in terms of period style, method or building constructions or
association with a significant architect or builder either by itself or as part of a
group of buildings.
17.3. Procedures:
1. No permit for the demolition of any building shall be issued other than in
conformity with this Section 17. Upon receipt of an application for a demolition
22
permit, the Building Inspector shall forward a copy of the permit application to
the Commission.
2. The Building Inspector shall initially determine if a building is a potentially
Regulated Building, either by inclusion on a federal, state or local register or by
reason of age. Any building the age of which cannot be reasonably determined by
the Building Inspector shall be referred to the Commission. If then referred to the
Commission,within thirty(30) days, the Commission shall hold and conclude a
public hearing for the purpose of determining whether or not the building is a
"regulated building." The Commission shall publish a notice of the hearing in a
newspaper of local circulation at least one week 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 one week
before the hearing. No less than ten(10)business days after the close of 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.
3. 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 application requirements.
4. If the Commission determines that the building is 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 expected to work with the Commission to make a
reasonable, good faith effort to identify alternatives to demolition in order to
preserve, relocate or rehabilitate the building.
5. In addition to all other available enforcement remedies, if the said building is torn
down without the necessary demolition permit, no building permit to rebuild or
construct at the premises will be issued for a period of three (3)years.
6. Nothing in this Section, "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.
A 2/3's vote required. Motion is defeated.
Representative Garrett Bradley was recognized at this time.
23
Resolution offered by Robert Spofford, member of the Board of Selectmen.
WHEREAS, Roseanne M. McMorris has served for nine years as a Selectmen of the Town;
and
WHEREAS, she has also served for four years on the Conservation Commission, and currently
serves on the Senior Housing Committee; and
WHEREAS, she has displayed great strength of purpose in the search for solutions to the ever-
changing problems engendered by a vital community.
NOW, therefore, BE IT RESOLVED, in Town Meeting assembled on the 2nd day of April
2005, we the Board of Selectmen of the Town of Cohasset acknowledge with gratitude the large
role she has played in the efforts of those volunteers who have served well in the interest of the
general welfare of their fellow townspeople.
GIVEN under our hands and the seal of the TOWN OF COHASSET this second day of April
in the year Two Thousand Five.
Resolution adopted unanimously.
Article 8:
That Section 11 of the Zoning Bylaw, "Regulations Governing Earth Removal", be stricken in its
entirety, and replaced with the following:
Section 11 —Earth Removal, Land Clearing &Land Alteration
11.1 Purpose
The purpose of this section is to:
A) To protect the health, safety and property of the residents of the Town of Cohasset by:
1) regulating clearing, grading and earth removal activities associated with residential
land development;
2) preserving as much as practicable existing trees, vegetation and land forms;
3) preventing erosion and sedimentation and controlling stormwater runoff,
4) minimizing fragmentation of wildlife habitat and loss of vegetation; and
B) To promote land development and site planning practices that is responsive to the Town's
scenic character without preventing the reasonable development of land.
11. 2 Definitions:
In this section, the following words have the meanings indicated:
24
Clearing - Removal or causing to be removed, through either direct or indirect actions, trees,
shrubs, topsoil, subsoil and gravel, and/or ledge (but only such ledge that does not
constitute Exposed Ledge Face as defined herein and any vegetation upon it) from a site,
or any material change in the use or appearance of the land. Actions considered to be
clearing include, but are not limited to: causing irreversible damage to roots or trunks;
destroying the structural integrity of vegetation; and/or any filling, excavation, grading,
or trenching in the root area of a tree which has the potential to cause irreversible
damage.
Excavating—The act of removing pre-existing, topsoil, subsoil, rock, gravel or ledge by digging,
blasting or any other means.
Exposed Ledge Face — Any portion of rock ledge lying above a height of two feet or greater
above pre-existing grade at any given point.
Developed Lot—A lot having existing building(s) and structure(s)upon it.
Filling - The act of transporting or placing additional, new material onto the pre-existing surface
of the land.
Grading - Any excavating, filling, clearing, or movement of earth, or the creation of impervious
surface, or any combination thereof, which alters the existing surface of the land.
Total Cleared Area — The total area of the lot that has been subjected to clearing, excavating,
grading or filling by human activity including but not limited to the portion which is
covered by buildings, structures or other impervious material per the definition of Lot
Coverage.
Undeveloped Lot-A lot having no existing building(s) and structure(s)upon it.
11. 3 Applicability, Standards &Exemption
A) Applicability
1) Any project in any zoning district involving clearing, excavating, filling or grading
activities conducted in connection with new construction, reconstruction or
replacement of a residential building or structure, shall be subject to the following
Land Alteration Standards, absent grant of a special permit by the Planning Board as
the permit granting authority, or unless such activities are specifically exempted from
this section. Any clearing, excavating, filling or grading activity conducted on an
undeveloped lot within one year prior to a proposal to conduct any of the building
activities listed above shall be presumed to have been made in connection with that
activity and thus subject to the limitations of this section.
2) Notwithstanding the above-stated applicability of this section to residential
development, with respect to commercial activities this Section 11 shall not overrule
or negate the applicability of any other provision of this Zoning Bylaw regarding
commercial uses or structures; thus, this section does not authorize commercial
mining, quarrying, sand & gravel, earth removal or timber removal activities or other
activities prohibited elsewhere in the Zoning Bylaw. Clearing, excavating, filling or
grading activities on commercial lots shall be governed by the site plan review
process set forth in section 12.6.
25
3) This section does not preclude review of a proposed building or structure that would
be subject to section 5.5 of this Zoning Bylaw.
B) Land Alteration Standards
1) In the case of clearing on developed lots, the total cleared area, including pre-existing
cleared area together with the proposed cleared area, shall be no more than 50% of
the lot. With respect to a developed lot that already exceeds 50% total cleared area, a
structure that otherwise complies with the Zoning Bylaw may be added within that
lot's previously-cleared area without the need for relief under this section.
2) In the case of clearing on undeveloped lots, total cleared area shall be no more than
50%.
3) In the case of excavating of soils, gravel or ledge (but only such ledge that does not
constitute Exposed Ledge Face as defined herein), such excavation and removal shall
be limited to no more than ten (10) cubic yards in the aggregate in any twelve month
period.
4) In the further case of excavating, and in the case of filling and grading, finished
elevation shall differ from pre-existing elevation by no more than five feet at any
point.
5) Exposed Ledge Face shall not be excavated, chipped, blasted or otherwise altered.
6) Clearing for utility trenching shall be limited to the minimum area necessary to
maneuver a backhoe or other construction equipment. Roots should be cut cleanly
rather than pulled or ripped out during utility trenching. Tunneling for utilities
installation should be utilized wherever feasible to protect root systems of trees.
C) Exemptions - The following activities are exempt from the above limitations:
1) The removal of soil and subsurface material necessarily excavated in connection
with the lawful construction of a building, structure, sewage system, or other
utility, provided that the quantity of material removed does not unnecessarily
exceed that actually displaced by the portion of the building, structure, road,
driveway, sidewalk, or path below finished grade.
2) Construction and maintenance of public and private streets and utilities within
town-approved roadway layouts and easements;
3) Work conducted in accordance with any prior and still-valid earth removal permit,
special permit or building permit issued pursuant to the predecessor version of
this Section 11 or other sections of the Cohasset Zoning Bylaw.
4) Construction or installation of public utilities, if no other location on the lot is
feasible.
5) Exploratory work associated with the siting of a new or replacement individual
sewage disposal system, provided that such activity shall be limited to the
minimum area necessary to maneuver a backhoe or other construction equipment,
and which is otherwise being monitored by the appropriate boards having
jurisdiction.
6) Construction of a replacement individual sewage disposal system, provided that
such construction shall be limited to the minimum area necessary for all
26
components and buffer zones needed for the system, and is otherwise permitted
by the appropriate boards having jurisdiction.
7) Non-commercial cutting for fuel,provided that clear-cutting does not occur.
D) The Planning Board as special permit granting authority under this Section 11 shall adopt
and may from time to time amend rules relative to the issuance of such permits and shall
file a copy of said rules in the office of the Town Clerk.
11.4. Review and Decision
A) A copy of any permit application before a board other than the Planning Board for work
involving clearing, excavating, filling or grading activities shall be submitted to the
Planning Board by the other board for determination as to whether the proposed clearing,
excavating, filling or grading activity exceeds the Land Alteration Standards set forth in
Section 11.313 above or is an exempt activity. The Planning Board may authorize by
special permit work that would exceed such standards providing that the Planning Board
finds that such work:
a. shall not be substantially more detrimental to the neighborhood if there were
compliance with the Land Alteration Standards set forth in Section 11.3B, and
b. shall not be injurious or dangerous to the public health or environment or
hazardous because of traffic congestion or other reason.
B) The filing requirements and decision-making procedures, criteria and timelines set forth in
Section 12.4 of this Zoning Bylaw and in applicable state statutes governing special
permits, shall govern applications for special permits under this Section 11,with the
exception that the Planning Board shall act as special permit granting authority under this
Section 11.
C) If the proposed project is a subdivision, then any review necessary under this section shall
be decided in conjunction with the review and submission requirements for approval of
the subdivision.
11.5 Security
The Planning Board may require a performance guarantee in a form acceptable to the Town to
cover the costs associated with compliance with this section, in the same manner and on the
same conditions as are applicable to performance guarantees related to subdivision projects as
may then be applicable.
11.6 Enforcement
The Town may enforce this Section 11 through any means authorized by applicable law,
including without limitation all means authorized pursuant to the Zoning Act, M.G.L. c.40A §1
et seq and pursuant to Section 12.2 of this Zoning Bylaw.
11.7 Severability:
27
If a court of competent jurisdiction holds any provision of this section invalid, the remainder of
the section shall not be affected thereby. The invalidity of any section or sections or parts of any
section or sections of this section shall not affect the validity of the remainder of the Town's
zoning bylaw.
CITIZENS' PETITION
NAME ADDRESS NAME ADDRESS
Tom Callahan 35 Hillside Drive Alyson Callahan 35 Hillside Drive
Mark Degiacomo 59 Beach Street Lynne Degiacomo 59 Beach Street
Rick Swanborg 48 Nichols Road Anne Swanborg 48 Nichols Road
Barbara Wallner 40B Nichols Road Richard Cate 40B Nichols Road
John Beck 44 Nichols Road Stacey Weaver 44 Nichols Road
MOVED that Section 11 of the Zoning Bylaw, "Regulations Governing Earth Removal", be
deleted in its entirety, and replaced with the following:
Section I I —Earth Removal, Land Clearing & Land Alteration
11.1 Purpose
The purpose of this section is to:
A) To protect the health, safety and property of the residents of the Town of Cohasset by:
5) regulating clearing, grading and earth removal activities associated with residential
land development;
6) preserving as much as practicable existing trees, vegetation and land forms;
7) preventing erosion and sedimentation and controlling stormwater runoff;
8) minimizing fragmentation of wildlife habitat and loss of vegetation; and
C) To promote land development and site planning practices that is responsive to the
Town's scenic character without preventing the reasonable development of land.
11. 2 Definitions:
In this section, the following words have the meanings indicated:
Clearing - Removal or causing to be removed, through either direct or indirect actions, trees,
shrubs, topsoil, subsoil and gravel, and/or ledge (but only such ledge that does not
constitute Exposed Ledge Face as defined herein and any vegetation upon it) from a site,
or any material change in the use or appearance of the land. Actions considered to be
clearing include, but are not limited to: causing irreversible damage to roots or trunks;
destroying the structural integrity of vegetation; and/or any filling, excavation, grading,
or trenching in the root area of a tree which has the potential to cause irreversible
damage.
28
Excavating—The act of removing pre-existing, topsoil, subsoil, rock, gravel or ledge by digging,
blasting or any other means.
Exposed Ledge Face — Any portion of rock ledge lying above a height of two feet or greater
above pre-existing grade at any given point.
Developed Lot—A lot having existing building(s) and structure(s)upon it.
Filling - The act of transporting or placing additional, new material onto the pre-existing surface
of the land.
Grading - Any excavating, filling, clearing, or movement of earth, or the creation of impervious
surface, or any combination thereof, which alters the existing surface of the land.
Total Cleared Area — The total area of the lot that has been subjected to clearing, excavating,
grading or filling by human activity including but not limited to the portion which is
covered by buildings, structures or other impervious material per the definition of Lot
Coverage.
Undeveloped Lot-A lot having no existing building(s) and structure(s)upon it.
11. 3 Applicability, Standards &Exemption
B) Applicability
1) Any project in any zoning district involving clearing, excavating, filling or grading
activities conducted in connection with new construction, reconstruction or
replacement of a residential building or structure, shall be subject to the following
Land Alteration Standards, absent grant of a special permit by the Planning Board as
the permit granting authority, or unless such activities are specifically exempted from
this section. Any clearing, excavating, filling or grading activity conducted on an
undeveloped lot within one year prior to a proposal to conduct any of the building
activities listed above shall be presumed to have been made in connection with that
activity and thus subject to the limitations of this section.
2) Notwithstanding the above-stated applicability of this section to residential
development, with respect to commercial activities this Section 11 shall not overrule
or negate the applicability of any other provision of this Zoning Bylaw regarding
commercial uses or structures; thus, this section does not authorize commercial
mining, quarrying, sand & gravel, earth removal or timber removal activities or other
activities prohibited elsewhere in the Zoning Bylaw. Clearing, excavating, filling or
grading activities on commercial lots shall be governed by the site plan review
process set forth in section 12.6.
3) This section does not preclude review of a proposed building or structure that would
be subject to section 5.5 of this Zoning Bylaw.
E) Land Alteration Standards
29
7) In the case of clearing on developed lots, the total cleared area, including pre-existing
cleared area together with the proposed cleared area, shall be no more than 50% of
the lot. With respect to a developed lot that already exceeds 50% total cleared area, a
structure that otherwise complies with the Zoning Bylaw may be added within that
lot's previously-cleared area without the need for relief under this section.
8) In the case of clearing on undeveloped lots, total cleared area shall be no more than
50%.
9) In the case of excavating of soils, gravel or ledge (but only such ledge that does not
constitute Exposed Ledge Face as defined herein), such excavation and removal shall
be limited to no more than ten (10) cubic yards in the aggregate in any twelve month
period.
10)In the further case of excavating, and in the case of filling and grading, finished
elevation shall differ from pre-existing elevation by no more than five feet at any
point.
11)Exposed Ledge Face shall not be excavated, chipped,blasted or otherwise altered.
12)Clearing for utility trenching shall be limited to the minimum area necessary to
maneuver a backhoe or other construction equipment. Roots should be cut cleanly
rather than pulled or ripped out during utility trenching. Tunneling for utilities
installation should be utilized wherever feasible to protect root systems of trees.
F) Exemptions - The following activities are exempt from the above limitations:
8) The removal of soil and subsurface material necessarily excavated in connection
with the lawful construction of a building, structure, sewage system, or other
utility, provided that the quantity of material removed does not unnecessarily
exceed that actually displaced by the portion of the building, structure, road,
driveway, sidewalk, or path below finished grade.
9) Construction and maintenance of public and private streets and utilities within
town-approved roadway layouts and easements;
10)Work conducted in accordance with any prior and still-valid earth removal permit,
special permit or building permit issued pursuant to the predecessor version of
this Section 11 or other sections of the Cohasset Zoning Bylaw.
11)Construction or installation of public utilities, if no other location on the lot is
feasible.
12)Exploratory work associated with the siting of a new or replacement individual
sewage disposal system, provided that such activity shall be limited to the
minimum area necessary to maneuver a backhoe or other construction equipment,
and which is otherwise being monitored by the appropriate boards having
jurisdiction.
13)Construction of a replacement individual sewage disposal system, provided that
such construction shall be limited to the minimum area necessary for all
components and buffer zones needed for the system, and is otherwise permitted
by the appropriate boards having jurisdiction.
14)Non-commercial cutting for fuel,provided that clear-cutting does not occur.
30
G) The Planning Board as special permit granting authority under this Section 11 shall adopt
and may from time to time amend rules relative to the issuance of such permits and shall
file a copy of said rules in the office of the Town Clerk.
11.4. Review and Decision
D) A copy of any permit application before a board other than the Planning Board for work
involving clearing, excavating, filling or grading activities shall be submitted to the
Planning Board by the other board for determination as to whether the proposed clearing,
excavating, filling or grading activity exceeds the Land Alteration Standards set forth in
Section 11.313 above or is an exempt activity. The Planning Board may authorize by
special permit work that would exceed such standards providing that the Planning Board
finds that such work:
c. shall not be substantially more detrimental to the neighborhood if there were
compliance with the Land Alteration Standards set forth in Section 11.313, and
d. shall not be injurious or dangerous to the public health or environment or
hazardous because of traffic congestion or other reason.
E) The filing requirements and decision-making procedures, criteria and timelines set forth in
Section 12.4 of this Zoning Bylaw and in applicable state statutes governing special
permits, shall govern applications for special permits under this Section 11,with the
exception that the Planning Board shall act as special permit granting authority under this
Section 11.
F) If the proposed project is a subdivision, then any review necessary under this section shall
be decided in conjunction with the review and submission requirements for approval of
the subdivision.
11.5 Security
The Planning Board may require a performance guarantee in a form acceptable to the Town to
cover the costs associated with compliance with this section, in the same manner and on the
same conditions as are applicable to performance guarantees related to subdivision projects as
may then be applicable.
11.8 Enforcement
The Town may enforce this Section 11 through any means authorized by applicable law,
including without limitation all means authorized pursuant to the Zoning Act, M.G.L. c.40A §1
et seq and pursuant to Section 12.2 of this Zoning Bylaw.
11.9 Severability:
If a court of competent jurisdiction holds any provision of this section invalid, the remainder of
the section shall not be affected thereby. The invalidity of any section or sections or parts of any
section or sections of this section shall not affect the validity of the remainder of the Town's
zoning bylaw.
31
Amendment by Mark Degiacomo. Add to 11.3 A) Applicability 1) 3rd sentence after structure
the words specifically excluding additions to existing structures and to delete the word
reconstruction as it appears in the motion. Amendment adopted unanimously.
A 2/3's vote is required. Main motion as amended is defeated.
Article 9•
That Section 5.5 of the Zoning Bylaw, "Large House Plan Review", be amended as follows:
First, by deleting section 5.5.2 and replacing it with the following:
5.5.2 Where the RGFA exceeds these limits, the proposed work shall be submitted for a
Special Permit to the Planning Board as the permit-granting authority. The Planning
Board may approve or approve with conditions by a majority vote a Large House special
permit after a public hearing only where such conditions and safeguards as required by
this bylaw have been made, and only after a determination that such approval would not
be detrimental to the public health, safety, welfare, comfort, or the convenience of the
community and would not be adverse to the town's economy or environment. In the case
where the proposed Large House is an addition to or replacement of a pre-existing
building, there shall also be a determination that the new structure is not substantially
more detrimental to the surrounding area than the pre-existing building.
The following criteria shall be applied to the review of these applications, where
applicable:
a. See section 12.4(1)(b)(1), (2) & (3), incorporated by reference.
b. 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
surrounding area.
c. 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 surrounding area.
d. Retention of existing mature trees and other vegetation and addition of new landscaping
features to visually soften the impact of house construction.
e. Avoidance of use of wetlands, and minimization of use of steep slopes, floodplains and
hilltops.
f. Preservation of natural or historic features of the site, and minimization of vegetation and
soil removal, blasting and grade changes.
g. Maximum retention of open space.
h. Treatment of the areas within the front yard setback in a manner consistent with that
prevailing in the surrounding area, unless inappropriate for other reasons, and use of
defining elements such as fences, walls or hedges that are prevalent in other residences
along the street.
32
i. Avoidance of prominent on-lot automobile impact through location and orientation of
garage entrances, use of curved driveway alignments and narrow driveway widths as they
approach the street, and other means.
j. 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
surrounding area.
k. Consideration being given to abutting properties, such as by protecting their privacy,
access to sun and light and water views, screening utilities and objectionable features,
minimizing adverse construction impacts from dust, noise and traffic, and preserving the
integrity of existing vegetation that abuts or overhangs property boundaries.
Second, by adding to section 5.5.4 a new subparagraph(e) as follows:
(e) A special permit granted under this section shall lapse after two years, including the time to
pursue or await determination of any appeals, if substantial use or construction has not
commenced, except for good cause shown.
NAME ADDRESS NAME ADDRESS
Tom Callahan 35 Hillside Drive Alyson Callahan 35 Hillside Drive
Mark Degiacomo 59 Beach Street Lynne Degiacomo 59 Beach Street
Richard Swanborg 48 Nichols Road Anne Swanborg 48 Nichols Road
Barbara Wallner 40B Nichols Road Richard Cate 40B Nichols Road
John Beck 44 Nichols Road Stacey Weaver 44 Nichols Road
MOVED that this article be indefinitely postponed.
Motion adopted unanimously.
Article 10:
Part I:
That the following be added to the list of definitions in Section 2 of the Zoning Bylaw:
New Construction- The erection of all or a portion of a building or structure on a lot where:
a) No building or structure has existed previously (virgin land), or
b) where a building or structure had existed previously but has not existed for the period of
time necessary to deem the use abandoned as defined herein(abandoned use).
Expansion/Extension/Enlargement- Any construction that increases the size of the footprint,
height, width or bulk of an existing building or structure,without demolition involved.
Demolition Full: The complete removal of a pre-existing building or structure down to its
foundation, whether voluntary or involuntary. The pre-existing foundation, however, need not be
33
removed for a building or structure to be deemed to have been fully demolished. Synonymous
with"raze" or"razing".
- Partial: The removal of a portion of a pre-existing building or structure, whether or not down to
its foundation, and whether voluntary or involuntary.
Involuntary—Action with regard to a building, structure or lot resulting from a casualty loss.
Reconstruction - Any construction to repair an existing building or structure, for reasons of
casualty or maintenance, that does not increase the size of the footprint, height, width or bulk of
the existing building or structure.
Replacement - Any construction to take the place of or restore a partial demolition, or to take the
place of and substitute for a full demolition, and whether or not such replacement is on the same
foundation, within the same footprint or in the same location as the previous building or
structure, or portion thereof.
Voluntary -Action with regard to a building, structure or lot resulting from the property owner's
election or choice.
Part II:
And to further make the following amendments to Section 8 of the Zoning Bylaw, "Non-
Conforming Uses, Structures and Lots", as follows:
A) In Section 8.3, introductory paragraph, first line,by inserting the words "new construction of'
after"hereof, "
B) By striking subsection Section 8.7 in its entirety, and replacing it with the following:
1) The voluntary expansion/extension/enlargement, reconstruction or replacement of
a non-conforming single family or two-family building or structure may be
undertaken as of right as long as the expansion/extension/enlargement,
reconstruction or replacement complies in all respects with the Area Regulations
set forth in Section 5.3.1, including lot size, and does not increase any
nonconformity.
2) In all other cases where the preceding subsection (1) does not apply, the board of
appeals may authorize by special permit, the voluntary
expansion/extension/enlargement, reconstruction or replacement of an existing
nonconforming building or structure provided that the board finds that such
expansion/extension/enlargement, reconstruction or replacement:
shall not be substantially more detrimental than the existing non-conforming use
to the neighborhood, and shall not be injurious or dangerous to the public health
or hazardous because of traffic congestion or other reason.
C) By striking subsection 8.9 in its entirety, and replacing it with the following:
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A building or structure devoted to a non-conforming use (whether in whole or in part) and a
building or structure non-conforming in some manner pursuant to Section 5.3.1, may, if
involuntarily demolished, fully or partially, and not deemed abandoned, may be reconstructed or
replaced, within the same portion of the lot, provided that the exterior dimensions of any vertical
section do not exceed that of the original building or structure, provided that there is no increase
in any nonconformity of the original use or building or structure and provided further that the
reconstruction or replacement be substantially completed within three years with respect to
buildings and structures for residential uses and two years with respect to buildings and
structures for business use, of the date of the involuntary demolition or damage.
CITIZENS' PETITION
NAME ADDRESS NAME ADDRESS
Tom Callahan 35 Hillside Drive Allison Callahan 35 Hillside Drive
Mark Degiacomo 59 Beach Street Lynne Degiacomo 59 Beach Street
Richard Swanborg 48 Nichols Road Anne Swanborg 48 Nichols Road
Barbara Wallner 40B Nichols Road Richard Cate 40B Nichols Road
Stacey Weaver 44 Nichols Road John Beck 44 Nichols Road
MOVED that Section 2 and Section 8 of the Cohasset Zoning Bylaw be hereby amended as
follows:
First Amendment: by inserting in Section 2 the following new definitions:
New Construction- The erection of all or a portion of a building or structure on a lot where:
a) No building or structure has existed previously (virgin land), or
b) where a building or structure had existed previously but has not existed for the period of
time necessary to deem the use abandoned as defined herein (abandoned use).
Expansion/Extension/Enlargement - Any construction that increases the size of the footprint,
height, width or bulk of an existing building or structure,without demolition involved.
Demolition
- Full: The complete removal of a pre-existing building or structure down to its foundation,
whether voluntary or involuntary. The pre-existing foundation, however, need not be removed
for a building or structure to be deemed to have been fully demolished. Synonymous with "raze"
or"razing".
- Partial: The removal of a portion of a pre-existing building or structure, whether or not down to
its foundation, and whether voluntary or involuntary.
Involuntary—Action with regard to a building, structure or lot resulting from a casualty loss.
35
Reconstruction - Any construction to repair an existing building or structure, for reasons of
casualty or maintenance, that does not increase the size of the footprint, height, width or bulk of
the existing building or structure.
Replacement - Any construction to take the place of or restore a partial demolition, or to take the
place of and substitute for a full demolition, and whether or not such replacement is on the same
foundation, within the same footprint or in the same location as the previous building or
structure, or portion thereof.
Voluntary - Action with regard to a building, structure or lot resulting from the property owner's
election or choice.
Second Amendment: Section 8 of the Zoning Bylaw, "Non-Conforming Uses, Structures and
Lots"be hereby amended, as follows:
A) In Section 8.3, introductory paragraph, first line, by inserting the words "new construction of
after"hereof, "
B) By deleting subsection Section 8.7 in its entirety, and replacing it with the following:
1) The voluntary expansion/extension/enlargement, reconstruction or replacement of
a non-conforming single family or two-family building or structure may be
undertaken as of right as long as the expansion/extension/enlargement,
reconstruction or replacement complies in all respects with the Area Regulations
set forth in Section 5.3.1, including lot size, and does not increase any
nonconformity.
2) In all other cases where the preceding subsection (1) does not apply, the board of
appeals may authorize by special permit, the voluntary
expansion/extension/enlargement, reconstruction or replacement of an existing
nonconforming building or structure provided that the board finds that such
expansion/extension/enlargement, reconstruction or replacement:
shall not be substantially more detrimental than the existing non-conforming use
to the neighborhood, and shall not be injurious or dangerous to the public health
or hazardous because of traffic congestion or other reason.
C) By deleting subsection 8.9 in its entirety, and replacing it with the following:
A building or structure devoted to a non-conforming use (whether in whole or in part) and a
building or structure non-conforming in some manner pursuant to Section 5.3.1, may, if
involuntarily demolished, fully or partially, and not deemed abandoned, may be reconstructed or
replaced, within the same portion of the lot, provided that the exterior dimensions of any vertical
section do not exceed that of the original building or structure, provided that there is no increase
in any nonconformity of the original use or building or structure and provided further that the
reconstruction or replacement be substantially completed within three years with respect to
buildings and structures for residential uses and two years with respect to buildings and
structures for business use, of the date of the involuntary demolition or damage.
36
Hand count taken. A 2/3 vote is required. Yes 153: No 92. Motion is defeated.
Article 11:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or
borrow pursuant to any applicable statue, a sum or sums of money, with the intention that these
funds be available in FY 2005 and, thereafter, to be expended by the Town Manager with the
approval of the Board of Sewer Commissioners, for the purpose of conducting a feasibility study
to identify and evaluate parcels of land within the Town of Cohasset, suitable for the siting of
municipal communal and/or satellite wastewater treatment and disposal systems to service
substandard and failing septic systems in the Aaron River/Lily Pond Watershed, which would
allow for the sewering of these non-centralized areas
which pose an environmental threat to the Town's drinking water supply or other water resource
areas; and further that these funds also be expended to further evaluate and assess sewering
needs within currently non-sewered areas of the Town to establish a basis for a Facility Plan
(Comprehensive Wastewater Plan) Update which would designate and prioritize expansion areas
of the North and Central Sewer Districts subject to any future available capacity and/or to
establish new sewer districts and to further develop an on-site loan program, originally
authorized by Article 13 at the March 29, 1997 Annual Town Meeting, for any areas not then
designated or prioritized for sewer expansion, which would allow the environmentally sound
resolution to existing pollution sources emanating from current wastewater disposal practices;
that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is
hereby authorized to borrow a sum or sums of money, 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.
MOVED that One Hundred Thousand ($100,000) Dollars be appropriated, with the intention
that these funds be available in FY 2006 and, thereafter, to be expended by the Town Manager
with the approval of the Board of Sewer Commissioners, for the purpose of conducting a
feasibility study to identify and evaluate parcels of land within the Town of Cohasset, suitable
for the siting of municipal communal and/or satellite wastewater treatment and disposal systems
to service substandard and failing septic systems in the Aaron River/Lily Pond Watershed, which
would allow for the sewering of these non-centralized areas which pose an environmental threat
to the Town's drinking water supply or other water resource areas; and further that these funds
also be expended to further evaluate and assess sewering needs within currently non-sewered
areas of the Town to establish a basis for a Facility Plan (Comprehensive Wastewater Plan)
Update which would designate and prioritize expansion areas of the North and Central Sewer
Districts subject to any future available capacity and/or to establish new sewer districts; 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) 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.
Motion adopted by the required 2/3's.
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Resolution offered by Donna McGee, Chairwoman of the Advisory Committee.
BE IT RESOLVED THAT:
WHEREAS, Susan Kent has faithfully served the people of the Town of Cohasset as a member
of the Advisory Committee for the past five years, one as chairman; and
WHEREAS, as a member of the Advisory Committee, Susan Kent has been a thoughtful,
committed member and leader; and
WHEREAS, during her tenure as Chairman, Susan Kent began the process of more openness
and access to Advisory Committee deliberations by initiating televised hearings and
WHEREAS, over these five years, we have had the benefit of her leadership skills, unfailing
good humor and wisdom, as well as a good amount of snack food; and
NOW, THEREFORE, be it resolved by the citizens of Cohasset in Town Meeting assembled,
on this second day of April 2005, to express our gratitude to Susan Kent and declare their deep
appreciation of her outstanding service and dedication to our Town.
Resolution adopted unanimously.
Article 12:
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow
from the Massachusetts Water Pollution Abatement Trust, or otherwise borrow pursuant to any
applicable statute a sum or sums of money to be expended by the Town Manager with the
approval of Board of Sewer Commissioners to implement the following wastewater project and
the Town is herein authorized to acquire by purchase, gift, eminent domain, or otherwise,
temporary and permanent Real Estate easements within private or common ways for the purpose
of laying, constructing, replacing, improving or otherwise maintaining sewer collection pipes,
manholes and appurtenant equipment and structures all in connection with said project; a plan
depicting the impacted ways is available at the Town Clerk's office and at the Paul Pratt
Memorial Library:
To authorize the Little Harbor/Atlantic Avenue Sewer Expansion Project, this system
specifically intended to serve existing dwelling units, as defined by current zoning regulations in
the Districts, such dwellings which existed as of the date of the vote of Article 8, of the 2002
Annual Town Meeting, as previously approved and defined; including the associated expansion
of the Cohasset Wastewater Treatment Plant as set forth in the "Supplement to Final Wastewater
Facility Plan and Environmental Impact Report," dated February 2005 prepared by Tutela
Engineering Associates, Inc., copies of which are available at the Town Clerk's office and at the
Paul Pratt Memorial Library, to approve said "Supplement" and further that the Treasurer of the
Town, with the approval of the Board of Selectmen borrow a sum of money to fund the design,
permitting, bidding, construction and installation of said project which borrowing is to be repaid
by betterments assessed upon the properties benefited thereby, provided however a sum of
38
money 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.
MOVED that Twelve Million ($12,000,000) Dollars be appropriated and expended by the Town
Manager with the approval of Board of Sewer Commissioners to implement the following
wastewater project, including without limitation all costs thereof as defined in Section 1 of Chapter
29C of the General Laws, as most recently amended by St. 1998, c.78: the Little Harbor/Atlantic
Avenue Sewer Expansion Project, this system specifically intended to serve existing dwelling
units, as defined by current zoning regulations in the Districts, such dwellings which existed as
of the date of the vote of Article 8, of the 2002 Annual Town Meeting, as previously approved
and defined; including the associated expansion of the Cohasset Wastewater Treatment Plant as
set forth in the "Supplement to Final Wastewater Facility Plan and Environmental Impact
Report," dated February 2005 prepared by Tutela Engineering Associates, Inc., copies of which
are available at the Town Clerk's office and at the Paul Pratt Memorial Library, and to approve
said "Supplement; and that to meet this appropriation the Treasurer with the approval of the
Selectmen is authorized to borrow Twelve Million ($12,000,000) Dollars and to issue bonds or
notes therefore under Chapter 44 of the General Laws and/or Chapter 29C of the General Laws, as
most recently amended by St. 1998, c.78; that such bonds or notes shall be general obligations of
the Town with the intent that the principal and interest payments for this borrowing is to be repaid
by betterments assessed upon properties benefited thereby; that the Treasurer with the approval of
the 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 most recently amended by St.
1998, c.78; 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 that the Board of Selectmen is authorized to enter into a project regulatory
agreement with the Department of Environmental Protection, to expend all funds available for the
project and to take any other action necessary to carry out the project.
Motion adopted by the required 2/3's.
Article 13
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow
from the Massachusetts Water Pollution Abatement Trust, or otherwise borrow pursuant to any
applicable statute a sum or sums of money to be expended by the Town Manager with the
approval of the Board of Sewer Commissioners to engineer, design, construct and/or otherwise
implement the following wastewater project and the Town is herein authorized to acquire by
purchase, gift, eminent domain, or otherwise, temporary and permanent Real Estate easements
within private or common ways for the purpose of laying, constructing, replacing, improving or
otherwise maintaining sewer collection pipes, manholes and appurtenant equipment and
structures all in connection with said project; a plan depicting the impacted ways is available at
the Town Clerk's office and at the Paul Pratt Memorial Library:
To authorize the expansion of the North Cohasset Sewer District by extending low pressure
sewers to service existing homes along portions of Jerusalem Road, Deep Run and Rust Way in
39
accordance with the priority intents outlined in the Approved May 1997 "Final Facility Plan and
Environmental Impact Report (EOEA #10275), and further defined in the "Supplement to Final
Wastewater Facility Plan and Environmental Impact Report," dated February 2005, prepared by
Tutela Engineering Associates, Inc., and therein referenced as the "Jerusalem Road Sewer
District" a listing of which is available at the Town Clerk's office and at the Paul Pratt Memorial
Library and thereby to allow existing homeowners in these areas to connect to the North
Cohasset Sewer District, all in accordance with the Town's Intermunicipal Agreement with the
Town of Hull, which borrowing is to be repaid by betterments assessed upon the properties
benefited thereby.
MOVED that One Million Two Hundred Thousand ($1,200,000) Dollars be appropriated and
expended by the Town Manager with the approval of the Board of Sewer Commissioners to
engineer, design, construct and/or otherwise implement the following wastewater project,
including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General
Laws, as most recently amended by St. 1998, c.78: to authorize the expansion of the North
Cohasset Sewer District by extending low pressure sewers to service existing homes along
portions of Jerusalem Road, Deep Run and Rust Way in accordance with the priority intents
outlined in the Approved May 1997 "Final Facility Plan and Environmental Impact Report
(EOEA #10275), and further defined in the "Supplement to Final Wastewater Facility Plan and
Environmental Impact Report," dated February 2005, prepared by Tutela Engineering
Associates, Inc., and therein referenced as the "Jerusalem Road Sewer District" a listing of
which is available at the Town Clerk's office and at the Paul Pratt Memorial Library; and thereby
to allow existing homeowners in these areas to connect to the North Cohasset Sewer District, all
in accordance with the Town's Intermunicipal Agreement with the Town of Hull; that to meet
this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow One
Million Two Hundred Thousand ($1,200,000) Dollars and to issue bonds or notes therefore under
Chapter 44 of the General Laws and/or Chapter 29C of the General Laws, as most recently amended
by St. 1998, c.78; that such bonds or notes shall be general obligations of the Town with the intent
that the principal and interest payments for this borrowing is to be repaid by betterments assessed
upon properties benefited thereby that the Treasurer with the approval of the 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 most recently amended by St. 1998, c.78;
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 that the Board of Selectmen is authorized to enter into a project regulatory agreement
with the Department of Environmental Protection, to expend all funds available for the project and
to take any other action necessary to carry out the project.
Motion adopted by the required 2/3's.
Article 14:
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow
from the Massachusetts Water Pollution Abatement Trust, or otherwise borrow pursuant to any
applicable statute a sum or sums of money equal to one half of the principal and interest
40
applicable to the borrowing required by Article 12 and Article 13 to be appropriated from the tax
levy and other general revenues of the Town contingent upon a vote of the Town to exempt such
one half allocation of costs from the limitation on taxes contained in Proposition 2 1/2 by means
of a debt exclusion override.
MOVED that the Treasurer of the Town with the approval of the Board of Selectmen is hereby
authorized to borrow from the Massachusetts Water Pollution Abatement Trust, or otherwise
borrow pursuant to any applicable statute a sum or sums of money equal to one half of the
principal and interest applicable to the borrowing required by Article 12 and Article 13, to be
repaid from the tax levy and other general revenues of the Town, contingent upon a vote of the
Town to exempt such one half allocation of costs for such principal and interests from the
limitation on taxes contained in Proposition 2 1/2 by means of a debt exclusion override pursuant
to Chapter 59, Section 21(k) in which event the amount of betterment proposed shall be reduced
accordingly by the motion for Articles 12 and 13.
Hand count taken—Yes 162: No 32. Motion adopted by the required 2/3's.
Article 15•
To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow
from the Massachusetts Water Pollution Abatement Trust or otherwise borrow pursuant to any
applicable statue, the sum of Three Million Dollars ($3,000,000) to be used by the Town
Manager with the approval of the Board of Health to implement the Town's Comprehensive On-
Site Wastewater Management Plan which plan was adopted by the Board of Health on
September 13, 2004 and is on file at the office of the Town Clerk, as the same may be from time
to time amended.
MOVED that this article be indefinitely postponed.
Motion adopted unanimously.
Article 16•
To see if the town will vote to amend Article VI "Municipal Finance of the General Bylaws of
the Town by adding a new Section 7 as follows:
The town Director of Finance and the School Committee will present to the Selectmen on a
monthly basis an accurate monthly expense status report of the line items in their budget. This
report shall indicate MTD, QTD and YTD figures.
This information shall be available to the public at the Paul Pratt Library and the Town Clerk's
office and shall be updated on a monthly basis.
41
CITIZENS' PETITION
NAME ADDRESS NAME ADDRESS
Leonora Jenkins 198 Jerusalem Road Leland Jenkins 198 Jerusalem Road
James Watson 101 Border Street James Mullen 337 South Main St.
Olive Mullen 337 S. Main Street Ernest Grassey 20 Ledge Way
Norma Grassey 20 Ledge Way Richard Barrow 283 King Street
Karen Quigley 27 Clay Spring Road Gabriel Gomez 59 Highland Avenue
MOVED that the General Bylaws of the Town of Cohasset, Article VI, "Municipal Finance of
the General Bylaws of the Town" be hereby amended by adding a new section 7 as follows:
Section 7. The Town Director of Finance shall present to the Board of Selectmen on a monthly
basis an accurate monthly expense status report of the line items in all town budgets, including
month to date, and year to date figures to track the rate of expenditures, together with any
encumbrances for which the town is obligated to pay in the future. The Cohasset School
Committee shall cause to be prepared on a monthly basis an accurate monthly expense status
report of the expenditure items in the school budget, except as may be otherwise be required by
law, including month to date, and year to date figures to track the rate of expenditures, together
with any encumbrances for which the town is obligated to pay in the future and shall provide a
copy thereof to the Director of Finance of the Town. Copies shall be made available to the
public at the Town Clerk's office and the Paul Pratt Memorial Library.
Motion adopted.
Article 17•
To see if the town will vote to amend Article VI "Municipal Finance" of the General Bylaws of
the Town by adding a new Section 8 as follows:
All revolving and enterprise funds in all town and school departments shall comply with all
MGLs. A detailed income and expense report with MTD, QTD, and YTD totals shall be
presented to the Selectmen on a monthly basis. All costs relating to fee for services including:
salaries, benefits, any and all insurance not limited to worker's compensation and liability,
utilities, maintenance, repairs, cleaning, equipment updates, supplies, rent of space and all other
applicable charges shall be reflected in expense totals.
This monthly information shall be available to the public at the Paul Pratt Library and the Town
Clerk's office and a yearly report shall be included in the Annual Town report.
42
CITIZENS' PETITION
NAME ADDRESS NAME ADDRESS
Leonora Jenkins 198 Jerusalem Road Leland Jenkins 198 Jerusalem Road
James Watson 101 Border Street James Mullen 337 S. Main Street
Olive Mullen 337 S. Main Street Ernest Grassey 20 Ledge Way
Norma Grassey 20 Ledge Way Richard Barrow 283 King Street
Karen Quigley 27 Clay Spring Rd. Gabriel Gomez 59 Highland Avenue
MOVED that the General Bylaws of the Town of Cohasset be hereby amended to by adding a
new Section 8 as follows:
Section 8: The Town Director of Finance shall present to the Board of Selectmen on a monthly
basis an accurate monthly income and expense status report of the expenditures, direct and
indirect in all town revolving and enterprise accounts, including month to date, and year to date
figures to track the rate of expenditures. The Cohasset School Committee shall cause to be
prepared, on a monthly basis an accurate monthly income and expense status report of the
expenditures, direct and indirect in all school revolving and enterprise accounts, including month
to date, and year to date figures to track the rate of expenditures, except as may otherwise be
required by law, with a copy to the town's Director of Finance. Copies shall be made available
to the public at the Town Clerk's office and the Paul Pratt Memorial Library.
Motion adopted.
Article 18•
To see if the Town will vote to amend the current schedule of water rates by adopting the
following new schedule of Rate #1, Metered Residential and Non Residential water rates, to take
effect April 15, 2005:
Rate#1 (Metered Residential and Non Residential)
Size of Meter Charge per quarter plus charge per 100 cf per quarter
no multiplier 1 st Step 2nd Step
0-2,000 cf Over 2,000cf/quarter
5/8" $ 36.74 $4.48 $7.38
3/4" $ 36.74 $4.48 $7.38
1" $ 86.16 $4.48 $7.38
11/2" $ 168.51 $4.48 $7.38
2" $ 267.34 $4.48 $7.38
3" $ 529.61 $4.48 $7.38
4" $ 779.21 $4.48 $7.38
6" $1,647.10 $4.48 $7.38
43
and further 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 17 of the March 27, 2004 Annual Town Meeting and from Article 13 of the
December 6, 2004 Special Town Meeting, for the Water Commission to complete various water
system improvement projects including, but not limited to, improvements to lower the levels of
Total Trihalomethanes (TTHMs) and other disinfection byproducts in tap water, improvements
to the Lily Pond Water Treatment Plant, cleaning water pipes, cleaning and lining water pipes,
replacing water pipes, capital maintenance, and other improvements to wells, storage tanks, the
water distribution system, and other water department facilities, and measures to protect the
sources of public drinking water supply and further to see if the Town will vote to authorize the
Board of Water Commissioners to acquire by purchase, gift, or eminent domain all or part of the
parcel of land as found on Assessors map 65; Parcel 020 (described by deed recorded in Norfolk
County Registry of Deeds Book 2115 Page 412) for watershed, open space and recreation
purposes; and that to provide said funding the Treasurer, with the approval of the Board of
Selectmen, is hereby authorized to borrow a sum of money 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; and further that this article is intended
to take effect upon passage in Fiscal Year 2005.
MOVED that the Town vote to amend the current schedule of water rates by adopting the
following new schedule of Rate #1, Metered Residential and Non Residential water rates, to take
effect April 15, 2005:
Rate #1 (Metered Residential and Non Residential)
Size of Meter Charge per quarter plus charge per 100 cf per quarter
no multiplier 1 st Step 2nd Step
0-2,000 cf Over 2,000cf/quarter
5/8" $ 36.74 $4.48 $7.38
3/4" $ 36.74 $4.48 $7.38
1" $ 86.16 $4.48 $7.38
11/2" $ 168.51 $4.48 $7.38
2" $ 267.34 $4.48 $7.38
3" $ 529.61 $4.48 $7.38
4" $ 779.21 $4.48 $7.38
6" $1,647.10 $4.48 $7.38
Motion adopted.
And it is further MOVED that Four Million Ninety Six Thousand Thirty Two ($4,096,032)
Dollars be hereby appropriated for the Water Commission to complete various water system
improvement projects including, but not limited to, improvements to lower the levels of Total
Trihalomethanes (TTHMs) and other disinfection byproducts in tap water, improvements to the
Lily Pond Water Treatment Plant, cleaning water pipes, cleaning and lining water pipes,
replacing water pipes, capital maintenance, and other improvements to wells, storage tanks, the
water distribution system, and other water department facilities, and measures to protect the
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sources of public drinking water supply and further to see if the Town will vote to authorize the
Board of Water Commissioners to acquire by purchase, gift, or eminent domain all or part of the
parcel of land as found on Assessors map 65; Parcel 020 (described by deed recorded in Norfolk
County Registry of Deeds Book 2115 Page 412) for watershed, open space and recreation
purposes; and that to provide said funding to transfer the sum of$96,032 from Article 13 of the
December 6, 2004 Special Town Meeting, and that the Treasurer, with the approval of the Board
of Selectmen, is hereby authorized to borrow $4,000,000 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; and further that this article is intended
to take effect upon passage in Fiscal Year 2005.
Motion adopted by the required 2/3's.
Article 19: Assessors Compensation
To see if the Town will vote to accept the provision of Massachusetts General Laws Chapter 59,
Section 21 A, which statute provides as follows:
Section 21A In any city or town which accepts this section, an assessor or assistant assessor who
has completed the necessary courses of study and training and has been awarded a certificate by
the International Association of Assessing Officers as a certified assessment evaluator or who
has been awarded a certificate by the Association of Massachusetts Assessors as a certified
Massachusetts assessor shall receive as compensation from such city or town, in addition to the
regular compensation paid by such city or town for services in such office, an amount equal to
ten per cent of such regular compensation; provided, however, that in no event shall such
additional compensation exceed one thousand dollars annually, if such assessor or assistant
assessor is employed on a full-time basis, or five hundred dollars, if such assessor or assistant
assessor is employed on a part-time basis. An assessor who has been awarded both certificates
referred to above shall receive such additional compensation for only one of such certificates. In
order to qualify for such additional compensation, an assessor or assistant assessor shall submit
proof that he has been awarded either or both of the aforesaid certificates to the mayor or the
board of selectmen of such city or town. The additional compensation herein provided shall be
prorated for any twelve month period in which an eligible person does not hold the office of
assessor or assistant assessor for twelve consecutive months.
and further, in order to meet the obligations of said Section 21A, to see if the Town will vote to
raise and appropriate, transfer from available funds or otherwise provide the sum of$2,000 for
the two qualifying employees, to be added to the amounts voted under Board of Assessors
Personnel Services and Town Manager Personal Services Clerical under Article 3 of this Town
Meeting.
MOVED that Massachusetts General Laws Chapter 59, Section 21 A be accepted by the Town
of Cohasset, and further the sum of Two Thousand ($2,000) be raised and appropriated from the
Fiscal 2006 tax levy and other general revenues of the town in order to meet the obligations of
said Section 21A for the two qualifying employees, to be added to the amounts voted under
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Board of Assessors Personnel Services and Town Manager Personal Services Clerical under
Article 3 of this Town Meeting.
Motion adopted.
Article 20:
To see if the Town will vote to establish a committee of nine residents, to be appointed by the
Board of Selectmen, to investigate alternative sources of energy that may be used by the Town
and make report to the Annual Town Meeting of 2006.
MOVED that an Alternate Energy Sources Committee, consisting of nine residents, be
hereby established, to be appointed by a committee consisting of the Moderator, the Chairman of
the Board of Selectmen, and the Chairman of the Advisory Committee, to investigate alternative
sources of energy that may be used by the Town, with the intention that the Committee
would make a report to the Annual Town Meeting of 2006.
Motion adopted unanimously.
Article 21
To see if the Town will vote to amend Section 2, Article XIV of the Wetlands Protection Bylaw
by replacing the words "within twenty-five feet of a vernal pool" with the words "within one
hundred feet of a vernal pool".
MOVED that Section 2, Article XIV of the Wetlands Protection Bylaw be hereby amended by
deleting the words "within twenty-five feet of a vernal pool" and substituting therefore the words
"within one hundred feet of a vernal pool".
Motion adopted.
It was moved and seconded at 6:50 p.m. that this meeting stands adjourned to Saturday,
April 9, 2005 for the election of town offices.
A True Record,ATTEST:
Marion L. Douglas
Town Clerk
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