HomeMy WebLinkAboutMinutes - TM - 04/01/2006 Index Annual Town Meeting —April 1, 2006
1. Annual town report. Adopted unanimously.
2. Reports of committees. Adopted unanimously.
3. Operating budget. Adopted.
4. Community preservation fund
a. Sub accounts — historical resources, open space, community housing. Adopted.
b. Improvements — 60 Elm St. Adopted.
c. Restoration of Town Hall entrance doors. Adopted.
d. Veteran's memorial park project. Adopted.
e. Beechwood Street ball field project. Adopted.
f. Open space acquisition. Adopted.
g. Historic properties restoration. Adopted.
5. Unpaid bills. Adopted.
6. Supplemental appropriations —fiscal 2006. Adopted
7. Rate of interest for tax deferrals for eligible seniors. Adopted unanimously.
8. Tax exemptions. Adopted unanimously.
9. Funding —Veterans memorial. Indefinitely postponed.
10. James Lane easement. Adopted.
11. Cook Estate. Indefinitely postponed.
12. Parking lot construction. Indefinitely postponed.
13. Zoning bylaw— Inclusionary Zoning. Adopted.
14. Zoning bylaw— Off street parking. Adopted.
15. Zoning bylaw— Senior Multi-family residence overlay district. Adopted unanimously.
16. Zoning bylaw— Large house plan review. Indefinitely postponed.
17. Zoning bylaw—Transit oriented development. Adopted.
18. Zoning bylaw— Reconciliation. Adopted unanimously.
19. Funding —Town Planner position. Indefinitely postponed.
20. Water Commission land acquisition. Adopted unanimously.
21. Water Commission easements. Adopted unanimously.
22. Board of Health mutual aid agreements. Adopted unanimously.
23. Eminent domain — Sassafras Rock. Indefinitely postponed.
24. General bylaw— Door-to-Door solicitation. Adopted unanimously.
TOWN OF COHASSET
ANNUAL TOWN MEETING
APRIL 1, 2006
At the Annual Town Meeting held on Saturday, April 1, 2006 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, Deborah Protulis, Abigail Alves and Nancy Barrett. Tellers
were appointed and sworn in by the Moderator, Daniel Evans.
The Moderator called the meeting to order at 10:20 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 — 371 and Precinct 2 — 270 for a
grand total of 641 voters.
It was unanimously voted to dispense with the reading of the call of the Meeting and Return of Service
having been examined by the Moderator and found to be in order.
Citizens recited the pledge of allegiance. Representative Garrett Bradley was recognized at this time.
Article 1: Annual Town Report
To act upon the reports of the various Town Officers as printed in the Annual Town Report for 2005.
MOVED that the reports of the various Town Officers as printed in the Annual Town Report for 2005 be
accepted and filed with the permanent records of the Town.
Motion adopted unanimously.
Article 2: Reports of Committees
To hear the reports of any Committee heretofore chosen and act thereon.
Glenn Pratt, Director of Emergency Management gave a report.
MOVED that the reports of any committees heretofore chosen be heard and accepted.
Motion adopted unanimously.
Commendation offered by Frederick Koed, Chairman of the Board of Selectmen.
WHEREAS, since Michael Sullivan has lived in Cohasset, he has had strong ongoing interest in and the
Public Affairs in the Town of Cohasset;
WHEREAS, Michael Sullivan's interest in the Public Affairs of Cohasset has lead to many years of
dedicated Public Service to the Town of Cohasset;
WHEREAS, Michael Sullivan was elected in 1988 to the Board of Health and served for three years on
the Board, including serving as Chairman of the Board of Health in 1990;
WHEREAS, Michael Sullivan was elected in 1992, 1995, 2000 and 2003 to the Board of Selectmen and
served each of those three year terms;
WHEREAS, the Town of Cohasset could not operate without the dedicated service of may men and
women in various appointive and elective positions;
WHEREAS, such dedication and service to the Town can not come without great sacrifice to personal
matters and family life;
WHEREAS, the Board of Selectmen now recommends this Unanimous Motion of Commendation to
Michael Sullivan:
NOW THEEFORE BE IT RESOLVED that the Citizens of Cohasset, assembled at Annual Town
Meeting hereby acknowledge and affirm their appreciation to Selectmen Michael Sullivan for his
many years of dedicated service to the Town of Cohasset.
GIVEN under our hands and the seal of the TOWN OF COHASSET on this first day of April in the year
Two Thousand Six.
Commendation voted unanimously.
Article 3: Operating Budget
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, or to take any other action related thereto.
APPENDIX A
FISCAL 2007 OPERATING BUDGET
FISCAL 2007
RECOMMENDED SUPPLEMENTAL SUPPLEK
BUDGET
FISCAL 2005 FISCAL 2005 FISCAL 2006 DEPARTMENT WITHOUT CONTINGENT ON CONTING
$1.49
PARTMENT APPROPRIKATED EXPENDED APPROPRIATED REQUESTED OVERRIDE $725K OVERRIDE OVERI
ION
ices 573 573 573 573 573
Total $573 $573 $573 $573 $573
ices 5,500 5,500 5,500 5,500 5,500
nses 66,012 71,150 58,800 58,800 58,800
Total $71,512 $76,650 $64,300 $64,300 $64,300
ices 105,475 99,278 115,000 115,000 115,000
rical 399,263 402,778 400,148 538,814 525,313
nses 6,360 3,421 6,550 44,050 14,050 10,000
Total $511,098 $505,477 $521,698 $697,864 $654,363
iittee
nses 345 0 345 345 345
260,500 260,500 234,000 100,000 100,000
Total $260,845 $260,500 $234,345 $100,345 $100,345
once
'nses 88,015 88,015 92,639 92,639 92,639
nses 40,300 39,863 28,968 28,948 28,948
Total $128,315 $127,878 $121,607 $121,587 $121,587
sors
;nses 64,020 64,020 66,830 66,830 66,830
nses 31,505 30,682 26,855 35,755 27,655
Total $95,525 $94,702 $93,685 $102,585 $94,485
actor
:nses 63,119 63,067 60,002 60,750 60,750
nses 42,750 40,072 40,450 41,750 40,950
Total $105,869 $103,139 $100,452 $102,500 $101,700
I Services 235,000 235,000 150,000 150,000 150,000
Total $235,000 $235,000 $150,000 $150,000 $150,000
ices-Elected 55,455 55,445 57,119 58,119 58,119
ices 18,436 13,630 11,307 18,153 18,153
nses 13,862 12,422 8,735 24,125 11,125
Total $87,753 $81,497 $77,161 $100,397 $87,397
:ommission
nses 27,800 27,664 37,400 37,474 37,374
Total $27,800 $27,664 $37,400 $37,474 $37,374
ices 30,000 26,746 10,300 48,522 0
nses 14,730 11,793 4,400 4,850 14,450 10,000
Total $44,730 $38,539 $14,700 $53,372 $14,450
f Appeals
nses 4,385 2,354 4,385 4,385 3,025
Total $4,385 $2,354 $4,385 $4,385 $3,025
nses 16,000 14,391 15,000 15,000 15,000
Total $16,000 $14,391 $15,000 $15,000 $15,000
nses 2,500 790 2,000 2,000 1,800
Total $2,500 $790 $2,000 $2,000 $1,800
ants 17,000 17,000 8,500 15,000 12,000
4,000 4,000 4,000 4,000 4,000
se 67,000 45,364 50,000 30,000 30,000
Total $88,000 $66,364 $62,500 $49,000 $46,000
'IVE TOTAL $1,679,905 $1,635,518 $1,499,806 $1,601,382 $1,492,399
rY
lent
ices 1,673,128 1,673,128 1,590,416 1,855,034 1,669,632 23,467
nses 103,850 88,962 101,450 100,000 95,350
28,000 23,881 0 28,000 0
Total $1,804,978 $1,785,971 $1,691,866 $1,983,034 $1,764,982
it
ices 1,558,362 1,542,992 1,572,642 1,622,582 1,588,449
nses 161,810 160,301 147,345 232,770 165,295
-es 67,414 65,969 67,414 159,245 87,120
Total $1,787,586 $1,769,262 $1,787,401 $2,014,597 $1,840,864
issioner
ices 62,490 62,490 67,700 69,700 69,200
nses 3,955 4,686 5,400 5,400 5,250
Total $66,445 $67,176 $73,100 $75,100 $74,450
g Inspector
nses 8,280 8,280 8,000 10,000 10,000
Total $8,280 $8,280 $8,000 $10,000 $10,000
sures
ices 2,600 2,600 2,600 2,600 2,600
nses 450 450 450 450 450
Total $3,050 $3,050 $3,050 $3,050 $3,050
rr
nses 16,500 16,247 17,500 18,500 17,500
Total $16,500 $16,247 $17,500 $18,500 $17,500
)enses 450 350 5,350 5,350 5,350
Total $450 $350 $5,350 $5,350 $5,350
ices 61,153 60,479 62,589 69,309 64,309
nses 7,400 6,423 5,100 10,700 8,050
Total $68,553 $66,902 $67,689 $80,009 $72,359
ices 500 500 500 500 500
Total $500 $500 $500 $500 $500
FY TOTAL $3,756,342 $3,717,738 $3,654,456 $4,190,140 $3,789,055
ols
)enses 11,943,800 11,943,800 12,344,382 13,987,198 12,714,714 530,000
Total $11,943,800 $11,943,800 $12,344,382 $13,987,198 $12,714,714
)cTech
sessment 86,988 86,988 95,770 105,910 105,910
Total $86,988 $86,988 $95,770 $105,910 $105,910
OTAL $12,030,788 $12,030,788 $12,440,152 $14,093,108 $12,820,624
CS
Public Works
ices 694,605 669,162 700,327 737,199 697,468
nses 202,667 197,134 161,715 181,318 180,395 0
-iations 365,698 368,857 360,036 404,812 394,036
Total $1,262,970 $1,235,153 $1,222,078 $1,323,329 $1,271,899
nses 50,626 282,217 51,156 51,156 51,156 0
Total $50,626 $282,217 $51,156 $51,156 $51,156
nses 55,890 57,919 58,000 62,000 62,000
Total $55,890 $57,919 $58,000 $62,000 $62,000
�nance
ices 171,557 170,037 202,791 315,119 208,204 54,722
nses 255,265 315,049 243,265 403,500 296,300 40,000
Total $426,822 $485,086 $446,056 $718,619 $504,504
:S TOTAL $1,796,308 $2,060,375 $1,777,290 $2,155,104 $1,889,559
LFARE
i
ices 126,274 121,527 123,527 127,027 119,527
nses 12,241 10,284 12,100 8,600 8,350
Total $138,515 $131,811 $135,627 $135,627 $127,877
ices 122,617 118,082 126,972 160,794 136,514 20,490
nses 36,605 39,503 31,160 49,160 42,510
Total $159,222 $157,585 $158,132 $209,954 $179,024
,es
ices 1,600 1,592 1,600 1,600 1,600
nses 1,000 0 425 425 225
Total $2,600 $1,592 $2,025 $2,025 $1,825
i Disabilities
nses 100 0 100 100 100
Total $100 $0 $100 $100 $100
LFARE TOTAL $300,437 $290,988 $295,884 $347,706 $308,826
ECREATION
s
ices 336,878 328,838 355,683 390,518 350,345 0
nses 84,418 84,418 100,211 113,235 110,085
Total $421,296 $413,256 $455,894 $503,753 $460,430
ices 116,505 109,173 118,425 118,425 118,425
nses 6,380 6,115 6,380 6,380 6,380
Total $122,885 $115,288 $124,805 $124,805 $124,805
rical Commission
nses 200 0 200 200 100
Total $200 $0 $200 $200 $100
arvation
ices 800 800 800 800 800
nses 200 0 200 200 200
Total $1,000 $800 $1,000 $1,000 $1,000
nses 2,500 2,500 2,500 5,000 5,000
Total $2,500 $2,500 $2,500 $5,000 $5,000
REC.TOTAL $547,881 $531,844 $584,399 $634,758 $591,335
E
Principle 1,014,301 1,014,183 1,152,935 1,195,005 1,195,005
(Interest 421,322 421,307 418,085 415,323 415,323
ciple 901,094 905,093 1,494,160 1,543,826 1,543,826
rest 1,465,446 1,461,447 1,722,110 1,388,817 1,388,817
E TOTAL $3,802,163 $3,802,030 $4,787,290 $4,542,971 $4,542,971
JSURANCE
sment 843,884 847,284 983,173 1,105,000 1,105,000 17,000
:cry 3,400 0 0 0 0
Total $847,284 $847,284 $983,173 $1,105,000 $1,105,000
sensation
nses 105,000 69,789 70,000 90,000 80,000 2,500
Total $105,000 $69,789 $70,000 $90,000 $80,000
nses 5,000 18,980 35,000 20,000 20,000
Total $5,000 $18,980 $35,000 $20,000 $20,000
,e
nses 1,872,901 1,800,271 1,966,000 2,241,240 2,207,920 15,000
Total $1,872,901 $1,800,271 $1,966,000 $2,241,240 $2,207,920
nses 6,760 7,691 8,000 9,000 9,000 200
Total $6,760 $7,691 $8,000 $9,000 $9,000
nses 175,000 174,750 190,000 205,000 200,000 1,621
Total $175,000 $174,750 $190,000 $205,000 $200,000
iility Insurance
nses 230,000 231,881 202,500 218,000 218,000
Total $230,000 $231,881 $202,500 $218,000 $218,000
JSURANCE $3,241,945 $3,150,646 $3,454,673 $3,888,240 $3,839,920
FUNDS
;et Sewer
nses 487,280 521,380 500,166 520,206 538,706
:apital 98,292 35,320 57,292 82,292 82,292
ises 46,409 46,409 52,730 54,312 54,312
24,149 24,149 47,420 20,137 20,137
Total $656,130 $627,258 $657,608 $676,947 $695,447
t Sewer
nses 141,681 192,579 143,874 149,390 155,640
:apital 58,333 58,333 54,333 52,750 52,750
ises 15,534 15,534 19,500 20,085 20,085
Total $215,548 $266,446 $217,707 $222,225 $228,475
;e Fund
nses 888,100 742,813 1,069,320 1,189,600 1,188,600
-iations 31,296 20,477 31,296 32,000 32,000
100,000 0 100,000 0 0
Principle 663,160 681,935 708,531 777,159 777,159
Interest 406,279 387,341 446,331 695,391 695,391
Total $2,088,835 $1,832,566 $2,355,478 $2,694,150 $2,693,150
FUNDS TOTAL $2,960,513 $2,726,270 $3,230,793 $3,593,322 $3,617,072
$30,116,282 $29,946,197 $31,724,743 $35,046,732 $32,891,761 $725,000 $'
33,616,761 3,
APPENDIX B
SALARIES AND RATE SCHEDULE - FISCAL YEAR 2007
Grade Step 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. 345.10 364.70 384.30 403.90 423.85 443.80 463.75
40
Hrs. 394.40 416.80 439.20 461.60 484.40 507.20 530.00
B Hourly 10.65 11.26 11.87 12.48 13.05 13.66 14.28
35
Hrs. 372.75 394.10 415.45 436.80 456.75 478.10 499.80
40
Hrs. 426.00 450.40 474.80 499.20 522.00 546.40 571.20
C Hourly 11.53 12.15 12.79 13.43 14.10 14.79 15.45
35
Hrs. 403.55 425.25 447.65 470.05 493.50 517.65 540.75
40
Hrs. 461.20 486.00 511.60 537.20 564.00 591.60 618.00
D Hourly 12.43 13.16 13.83 14.55 15.27 15.97 16.69
35
Hrs. 435.05 460.60 484.05 509.25 534.45 558.95 584.15
40
Hrs. 497.20 526.40 553.20 582.00 610.80 638.80 667.60
E Hourly 13.41 14.20 14.93 15.70 16.47 17.25 18.02
35
Hrs. 469.35 497.00 522.55 549.50 576.45 603.75 630.70
40
Hrs. 536.40 568.00 597.20 628.00 658.80 690.00 720.80
F Hourly 14.48 15.32 16.12 16.91 17.78 18.61 19.45
35
Hrs. 506.80 536.20 564.20 591.85 622.30 651.35 680.75
40
Hrs. 579.20 612.80 644.80 676.40 711.20 744.40 778.00
G Hourly 15.66 16.52 17.43 18.31 19.20 20.05 20.96
35
Hrs. 548.10 578.20 610.05 640.85 672.00 701.75 733.60
40
Hrs. 626.40 660.80 697.20 732.40 768.00 802.00 838.40
H Hourly 16.89 17.85 18.82 19.80 20.73 21.68 22.66
35
Hrs. 591.15 624.75 658.70 693.00 725.55 758.80 793.10
40 675.60 714.00 752.80 792.00 829.20 867.20 906.40
Hrs.
I Hourly 18.26 19.27 20.32 21.35 22.39 23.43 24.48
35
Hrs. 639.10 674.45 711.20 747.25 783.65 820.05 856.80
40
Hrs. 730.40 770.80 812.80 854.00 895.60 937.20 979.20
J Hourly 19.70 20.80 21.92 23.02 24.20 25.32 26.46
35
Hrs. 689.50 728.00 767.20 805.70 847.00 886.20 926.10
40
Hrs. 788.00 832.00 876.80 920.80 968.00 1,012.80 1,058.40
K Hourly 21.29 22.47 23.72 24.90 26.11 27.33 28.56
35
Hrs. 745.15 786.45 830.20 871.50 913.85 956.55 999.60
40
Hrs. 851.60 898.80 948.80 996.00 1,044.40 1,093.20 1,142.40
L Hourly 23.00 24.32 25.63 26.94 28.23 29.51 30.83
35
Hrs. 805.00 851.20 897.05 942.90 988.05 1,032.85 1,079.05
40
Hrs. 920.00 972.80 1,025.20 1,077.60 1,129.20 1,180.40 1,233.20
M Hourly 24.86 26.22 27.64 29.06 30.48 31.89 33.33
35
Hrs. 870.10 917.70 967.40 1,017.10 1,066.80 1,116.15 1,166.55
40
Hrs. 994.40 1,048.80 1,105.60 1,162.40 1,219.20 1,275.60 1,333.20
N Hourly 26.81 28.33 29.86 31.35 32.89 34.42 35.97
35
Hrs. 938.35 991.55 1,045.10 1,097.25 1,151.15 1,204.70 1,258.95
40
Hrs. 1,072.40 1,133.20 1,194.40 1,254.00 1,315.60 1,376.80 1,438.80
O Hourly 28.97 30.60 32.27 33.93 35.56 37.19 38.86
35
Hrs. 1,013.95 1,071.00 1,129.45 1,187.55 1,244.60 1,301.65 1,360.10
40
Hrs. 1,158.80 1,224.00 1,290.80 1,357.20 1,422.40 1,487.60 1,554.40
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 G 1 1 40
Communications Officer F 3 1 40
Communications Officer F 2 1 16
Elder Affairs
Director Contract 1 40
Elder Advocate I 1 1 28
Volunteer Coordinator G 1 1 19
Van Driver F 2 1 19
Van Driver F 2 1 19
Facilities
Director Contract 1 40
Maintenance Worker G 2 1 40
Maintenance Worker F 1 1 40
Fire Department
Fire Chief Contract 1 40
Captain FS- 13 4 5 42
Lieutenant FS- 12 9 5 42
Firefighter-Paramedic FS- 11 3 5 42
Firefighter—EMT FS- 10 1 5 42
Firefighter—Mechanic FS- 10 1 5 42
Private FS-9 1 5 42
Harbormaster Contract 1 1 40
Board of Health
Health Agent Contract 1 10
Administrator Contract 1 40
Library
Chief Librarian Contract 1 40
Staff Librarian L 1 6 35
Staff Librarian L5 1 6 31
Library Assistant L4 1 6 37.5
Library Assistant L3 1 6 35
Library Technician L3 1 6 26
Library Technician L2 1 6 24
Library Technician L3 1 6 26
Administrative Assistant L2 1 6 24
Planning Board
Administrative Assistant 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 I 4 1 40
Heavy Equipment Operator G 4 1 40
Skilled Utility Worker F 2 1 40
Tree Climber F 1 1 40
Skilled Utility Worker-Cemetery F 1 1 40
Clerk G 1 1 30
Recreation
Director Contract 1 40
Board of Selectmen
Administrative Assistant 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
Schedule la-Elected Employees
Town Clerk $58,119
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 $16,130
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
Police Department (Collective Bargaining Unit)
Schedule 5-Informational Only
Fire Department (Collective Bargaining Unit)
Schedule 6-Informational Only
Library (Collective Bargaining Unit)
Schedule 7-Informational Only
Municipal Clerical and Custodial (Collective Bargaining Unit)
Exempt Positions-Per the Fair Labor Standards Act
Deputy Assessor Appraiser Chief Librarian
Building Commissioner Police Chief
Director of Finance/Town Accountant Recreation Director
Elder Affairs Director Superintendent of Public Works
Fire Chief Town Manager
Harbormaster Treasurer/Collector
Health Agent Town Planner
Director of Facilities
APPENDIX C
CAPITAL BUDGET FY 2007 THROUGH 2O10
DEPARTMENT/1TEM 2007 2008 2009 2010 2011
Board of Selectmen
Private Ways Repair $50,000 $25,000 $25,000 $25,000 $25,000
Harbor Seawall $600,000
Forest Avenue
Sidewalk $400,000
Beechwood Street
Sidewalk $125,000
Border Street Bridge $50,000
Sandy Beach
Parking Lot $75,000
Town Hall
Technology $15,000 $10,000 $10,000 $10,000 $10,000
Facilities
Emergency
Generators $220,000
Maintenance Vehicle $35,000
Security Systems $80,000
Roofing Repairs $100,000
Police Department
Cruiser Replacement
Program $56,000 $70,000 $60,000 $60,000 $60,000
Cruiser Radio
Replacement $34,000
Computer Upgrades $30,000
Portable Radio
Replacement $50,000
Police Station
Construction $4,000,000
Fire Department
Replace Chiefs $35,000
Vehicle
Computer Upgrades $30,000
Replace Ambulance $150,000
Replace Engine Two $300,000
Equipment
Replacement $25,000 $25,000 $25,000 $25,000 $25,000
School Department
School Bus
Replacement $60,000 $60,000 $60,000 $60,000 $60,000
Technology
Upgrades $100,000 $100,000 $100,000 $100,000 $100,000
Alumni Field
Bleachers $85,000
Security Systems $225,000
Department of
Public Works
Sandy Beach
Parking Lot $110,000
Replace Vehicles $100,000
Replace 1986 Dump
Truck $75,000
Replace 1982 Ford
Bucket Truck $10,000
New Mowing
Machine $25,000
Replace 1988
International $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 $12,000
GRAND TOTAL $2,467,000 $827,000 $877,000 $4,392,000 $292,000
MOVED that Thirty Two Million Eight Hundred Ninety One Thousand Seven Hundred Sixty One ($32,891,761) Dollars be
appropriated for the Fiscal Year 2007 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 $32,824,612 for Personal Services, Expenses and Capital Outlays, interest on
Maturing Debt and other charges for various departments as recommended for purposes in the column entitled
"RECOMMENDED BUDGET WITHOUT OVERRIDE" in Appendix A as attached to these Town Manager's
Recommended Motions for the 2006 Annual Town Meeting and Appendix B of the Warrant for the 2006 Annual Town
Warrant, a copy of which Appendices are incorporated here by reference, and to meet the appropriation, the following
transfers are made:
$2,693,150 from Water Revenue
$ 923,922 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
$ 40,000 from Sale of Burial Lots
And the remaining balance of$28,733,044 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.
And further it is moved that the sum of$725,000 be raised and appropriated from the Fiscal 2007 tax levy for the
purposes set forth in the column entitled "SUPPLEMENTAL CONTINGENT ON $725,000 OVERRIDE" in Appendix A,
contingent upon a vote of the Town to approve a $725,000 Proposition Two and One-Half override ballot question
pursuant to G.L. c. 59, s. 21C(g).
And further it is moved that the sum of$1,495,000 be raised and appropriated from the Fiscal 2007 tax levy for the
purposes set forth in the column entitled "SUPPLEMENTAL CONTINGENT ON $1.495 M OVERRIDE" in Appendix A,
contingent upon a vote of the Town to approve a $1,495,000 Proposition Two and One-Half override ballot question
pursuant to G.L. c. 59, s. 21C(g).
Amendment offered by Roy Fitzsimmons. Move that the bottom line of the School budget be reduced by$238,000.
Amendment is defeated.
Main motion is adopted.
Move to reconsider the main motion. Motion defeated.
Article 4: Community Preservation Committee
To see if the Town will vote to adopt and approve the recommendations of the Community Preservation Committee for
Fiscal Year 2007, 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, or
to take any action related thereto.
Recommendation A: Allocation of Community Preservation Funds to the following sub-accounts:
Historical Resources Sub-Account: (10%) $ 58.900
Open Space Sub-Account: (10%) $ 58,900
Community Housing Sub-Account (10%) $ 58,900
Recommendation B: Improvements to 60 Elm Street $ 10,000
Recommendation C: Restoration of Town Hall entrance doors $ 8,000
Recommendation D: Veterans Memorial Park Project $ 60,000
Recommendation E: Beechwood Street ball field project $300,000
Recommendation F: Open Space acquisition $120,000
Recommendation G: Historic properties restoration $ 80,000
MOVED that the recommendations of the Community Preservation Committee for Fiscal 2007 be accepted and approved
as follows:
Recommendation A:
MOVED that Fiscal Year 2007 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%) $ 58,900.00
Open Space Sub Account (10%) $ 58,900.00
Community Housing Sub Account (10%) $ 58,900.00
Total Budget $176,700.00
Motion adopted.
Recommendation B:
MOVED that Ten Thousand ($10,000.00) Dollars be transferred from the Community Preservation Fund Housing Sub
Account with the intention that these funds be available in Fiscal 2006 and thereafter, which funds are to be expended by
the Town Manager for the purposes of making various improvements to the 60 Elm Street Apartment Complex.
Motion adopted.
Recommendation C:
MOVED that Eight Thousand ($8,000.00) Dollars be transferred from the Community Preservation Fund Historical
Resources Sub Account with the intention that these funds be available in Fiscal 2006 and thereafter, which funds are to
be expended by the Town Manager for the purposes of performing restoration work to the entrance doors of the antique
portion of Town Hall.
Motion adopted.
Recommendation D:
MOVED that Sixty Thousand ($60,000.00) Dollars be transferred from the Community Preservation Fund Discretionary
Sub Account with the intention that these funds be available in Fiscal 2006 and thereafter, which funds are to be
expended by the Town Manager for the purposes of making various improvements to the Veterans memorial Park.
Motion adopted.
Recommendation E:
MOVED that Three Hundred Thousand ($300,000.00) Dollars be transferred from the Community Preservation Fund
Discretionary Sub Account, with the intention that these funds be available in FY 2006 and thereafter, which funds are to
be expended by the Town Manager to improve, make extraordinary changes, preserve, pay for the engineering fees, and
all other related costs, concerning the Beechwood Street ball field, basketball court, playground and parking areas.
Motion adopted.
Recommendation F:
MOVED that Seventy Thousand ($70,000.00) Dollars be transferred from the Community Preservation Fund Open Space
Sub Account and Fifty Thousand ($50,000) Dollars from the Community Preservation Discretionary Sub Account, for a
total of One Hundred Twenty Thousand ($120,000) Dollars, with the intention that these funds be available in FY 2006
and thereafter, which funds are to be expended by the Town Manager on behalf of the Board of Water Commissioners to
acquire by purchase or gift or eminent domain taking the following parcel of land found on Assessor's Map 72: Parcels 1
and 2 (described by deed recorded in Norfolk County Registry of Deeds in Book 10470 at Page 210. Said property is to
be acquired in fee simple title for watershed, open space and recreation purposes. The town is authorized to grant a deed
or conservation restriction to The Trustees of Reservations requiring that this land be used only for watershed, open
space and recreation purposes.
A 2/3 vote required.
Motion adopted.
Recommendation G:
MOVED that Forty-Five Thousand ($45,000.00) Dollars be transferred from the Community Preservation Fund Historical
Resources Sub Account and Thirty-Five Thousand ($35,000) Dollars be transferred from the Community Preservation
Fund Discretionary Sub Account, for a total of Eighty Thousand ($80,000) Dollars, with the intention that these funds be
available in FY 2006 and thereafter, which funds are to be expended by the Town Manager, for the purposes of
investigation, design work, plans and construction work at the Cohasset Historical Society's Maritime Museum to improve
the electrical system and install lighting, restore wood gutters, windows and reconstruct deteriorating sills; restore the roof
balustrade at the old Paul Pratt Library; and restore the chimneys at the Wilson House and Maritime Museum, 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
A 2/3 vote required.
Motion adopted.
Article 5: Unpaid Bills from Previous Years
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, or to take any other action related thereto.
VENDOR AMOUNT REQUESTED
Robbins Garage $450.00
MOVED that Four Hundred Fifty($450.00) Dollars be raised and appropriated from the Fiscal 2007 tax levy and other
general revenues of the town, to be expended by the Town Manager to pay for unpaid bills from previous fiscal years, as
follows:
VENDOR AMOUNT
Robbins Garage $450.00
A 4/5's vote required. Motion adopted.
Resolution offered by Rebecca Bates-McArthur, member of the Historical Commission.
WHEREAS, Noel A. Ripley was the founding Chairman of the Cohasset Historical Commission in 1974 and continued to
serve in this position through 2005 and worked tirelessly on such projects as the Captain's Walk, the Minot's Ledge
Lighthouse watchroom replica on Government Island, The Cohasset Common Historical District, and was the town's
strongest advocate for the preservation of Cohasset's historic character, and was always ready to share with others his
deep appreciation and love of Cohasset's long history and its unique way of life; and
WHEREAS, Noel Ripley, as a skilled repairer of antique clocks, managed the restoration of the Town Clock at the First
Parish Meeting House on the Comnmon and in 1981 was named the official Keeper of the Town Clock; and
WHEREAS, Noel Ripley established a scholarship in his name at the Cohasset High School because he valued higher
education.
NOW, HEREFOR BE IT RESOLVED, that the citizens here assembled extend to his wife and family our deepest gratitude
and appreciation for Noel's many years of service to the Town of Cohasset.
Given this 1st day of April, 2006.
Resolution adopted unanimously.
Article 6: Supplemental Appropriations for Fiscal 2006
To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute and/or transfer from
available funds, a sum or sums of money, to be expended by the Town Manager, needed by various departmental
budgets and appropriations to complete the fiscal year ending June 30, 2006, or to take any other action related thereto.
Department Budget Request Purpose
Legal Services $ 40,000 Town Counsel
Police Department Salaries $150,000 Overtime Shortfall
Fire Department Salaries $ 35,000 Overtime Shortfall
Public Works $ 30,000 Vehicle Fuels
Facility Maintenance $ 10,000 Overtime Shortfall
Facility Maintenance $ 20,000 Extraordinary Repairs & Maintenance
Facility Maintenance $ 21,000 Utilities and Heating Fuel
MOVED that Four Hundred Sixty One Thousand ($461,000) Dollars, be hereby transferred to the Fiscal 2006 budgetary
items set forth below amending the amounts appropriated by the Town pursuant to Article 3 of the 2005Annual Town
Meeting (which appropriations may have been amended at the December 6, 2005 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, 2006, as follows.
Transfer Funds to:
Legal Services $ 40,000 Town Counsel
Police Department Salaries $150,000 Overtime Shortfall
Fire Department Salaries $ 35,000 Overtime Shortfall
Public Works $ 30,000 Vehicle Fuels
Facility Maintenance $ 10,000 Overtime Shortfall
Facility Maintenance $ 20,000 Extraordinary Repairs & Maintenance
Facility Maintenance $ 21,000 Utilities and Heating Fuel
-------------------------------------------------------------------------------------------------------------------------------
TOTAL AMOUNT TRANSFERRED $306,000
And to fund these transfers, One Hundred Fifty Six Thousand ($156,000) Dollars be transferred from Free Cash and the
sum of One Hundred Fifty Thousand ($150,000) Dollars be transferred from the unexpended balance of Article 7 of the
2003 Annual Town Meeting.
Motion adopted.
Article 7 Rate of Interest for Tax Deferrals:
To see if the Town will vote to reduce the rate of interest that accrues on property taxes deferred by eligible seniors under
G.L. c. 59 §5, Clause 41A from 8% to 4%, with such reduced rate to apply to taxes assessed for any fiscal year beginning
on or after July 1, 2006, or take any action related thereto.
MOVED that the rate of interest that accrues on property taxes deferred by eligible seniors under G.L. c. 59 §5, Clause
41A be reduced from 8% to 4%, with such reduced rate to apply to taxes assessed for any fiscal year beginning on or
after July 1, 2006.
Motion adopted unanimously.
Article 8: Tax Exemptions
To see if the town will vote to accept Section 4 of Chapter 73 of the Acts of 1986 to grant an additional real estate tax
exemption of not more than one hundred percent (100%). Such additional exemption may be granted to persons who
qualify for property tax exemptions under clauses 17, 17C '/2, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 41 B, 41 C,
42 and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws and also, to see if the town will vote to accept
the amendment of Clause 41C in accordance with Chapter 184, Section 51 of the Acts of 2002, to subsequently grant an
additional real estate tax exemption of not more than one hundred percent (100%). Such additional exemption may be
granted to persons who qualify for property tax exemption under clause 41 C of Section 5 of Chapter 59 of the
Massachusetts General Laws, or take any other action relative thereto.
MOVED that Section 4 of Chapter 73 of the Acts of 1986 be accepted to grant an additional real estate tax exemption of
not more than one hundred percent (100%). Such additional exemption may be granted to persons who qualify for
property tax exemptions under clauses 17, 17C '/2, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 41 B, 41 C, 42 and 43
of Section 5 of Chapter 59 of the Massachusetts General Laws and further that the town vote to accept the amendment of
Clause 41 C in accordance with Chapter 184, Section 51 of the Acts of 2002, to subsequently grant an additional real
estate tax exemption of not more than one hundred percent (100%). Such additional exemption may be granted to
persons who qualify for property tax exemption under clause 41 C of Section 5 of Chapter 59 of the Massachusetts
General Laws.
Motion adopted unanimously.
Article 9: Funding for Veterans Memorial
To se if the Town will vote to raise and appropriate, transfer from available funds, and /or borrow pursuant to any
applicable statute, a sum of money to be expended by the Town Manager to supplement funds raised by private
donations for the construction of a new Veterans Memorial at Veterans Park, honoring the Cohasset Man and Women
that have served our country, during the Korean, Vietnam, Gulf Wars and The War on Terror, in Afghanistan and Iraq., or
take any other action related thereto.
MOVED that the article be indefinitely postponed.
Motion to indefinitely postpone adopted unanimously.
Article 10: James Lane Easement
To see if the Town will vote to raise, appropriate, transfer from available funds, and/or borrow pursuant to any applicable
statute, a sum of money to be expended by the Town Manager to be added to funds already appropriated under Article 22
of the March 27, 2004 Town Meeting, for the acquisition of an easement on James Lane, or take any other action related
thereto.
MOVED that Five Thousand Six Hundred Seventy One Dollars and Seventy Two Cents ($5,671.72) be raised from the
Fiscal 2007 tax levy and other general revenues of the Town to be expended by the Town Manager and added to funds
already appropriated under Article 22 of the March 27, 2004 Town Meeting, for the acquisition of an easement on James
Lane.
Hand count. Yes 64. No 38. Motion adopted.
Article 11: Cook Estate
To see if the Town will vote to amend the scope of authorization voted and the amount of funds appropriated for the "Cook
project" pursuant to Article 4 of the November 17, 2003, Special Town Meeting as follows:
first to expand the authorization previously so voted by authorizing the Board of Selectmen, notwithstanding any limitation
contained in said motion voted pursuant to said Article 4, to acquire by purchase, gift or eminent domain all or any part of
the property commonly known as the Cook Property described below and as more particularly described in the motion
voted pursuant to said Article 4, for general municipal purposes and further to authorize the Board of Selectmen to hold
same for general municipal purposes indefinitely, or in their discretion to dispose of all or a portion of the property so
acquired pursuant to this Article or pursuant to said motion pursuant to Article 4 of the 2003 November Special Town
Meeting, subject to Chapter 30 B of the General Laws, by soliciting proposals for development of said property for such
public or private purposes as may be determined by the Board of Selectmen; and
second, to see what sum of money the town will vote to raise and appropriate, borrow pursuant to any applicable statute
or transfer from available funds to increase the funds appropriated in the motion pursuant to Article 4 of the 2003
November Special Town Meeting, thereby amending the appropriation as originally voted from Four Million Five Hundred
Thousand Dollars ($4,500,000)to a new higher total appropriation; such Cook project property consisting of:
(a)five parcels of vacant land located on the northerly side of Sohier Street, numbered 235, 243, 249, 255 and 261 Sohier
Street and identified as Assessor's Map 43, Plots 25, 26, 28, 30 and 31, containing approximately 3 acres in the
aggregate, and
(b)three parcels of land located on the southerly side of Sohier Street, together with the buildings and improvements
thereon known and numbered as 230 Sohier Street, shown as Lot 1 A, Parcel B and Lot C on a plan entitled" Plan of
Land Sohier Street, Cohasset, MA" dated September 4, 2002 prepared by Perkins Engineering, Inc. and recorded with the
Norfolk County Registry of Deeds as Plan No. 744 of 2002 in Plan Book 503, containing in the aggregate, according to
said plan, 18.92 acres, and shown on Assessor's Map 43 as Plots 2, 3A, and part of Plot 1, and Assessor's Map 42 as
Plots 27, 39, and part of Plot 38, or to take any other action related thereto,
MOVED that the article be indefinitely postponed.
Motion to indefinitely postpone is adopted.
Article 12: Parking Lot Construction
To see if the Town will vote to raise, appropriate, transfer from available funds, and/or borrow pursuant to any applicable
statute, a sum of money to be expended by the Town Manager to construct parking spaces on town owned land shown as
Map 18, Plot 2 on the Cohasset Assessors Maps, or take any other action related thereto.
MOVED that the article be indefinitely postponed.
Motion to indefinitely postpone is adopted.
Article 13: Zoning Bylaw— Inclusionary Zoning
To see if the Town will vote to make the following amendment to the Zoning By-Laws of the Town, in the manner
described below:
In Section 4.3, Additional Use Regulations, by adding a new note 14 that reads as follows:
(14) Inclusionary Zoning. In any residential development of 5 or more multifamily or apartment units, proposed on
or after July 1, 2006 within any district and under any portion of the Bylaw, a minimum of one (1) unit or ten
percent (10%)of the total number of dwelling units, whichever is greater, shall be eligible for qualification as
"Local Initiative Units" (as defined in 760 C.M.R. 45.02) in accordance with the standards and conditions set forth
in 760 C.M.R. 45.03, so as to be eligible for within the "Subsidized Housing Inventory" (as defined in 760 C.M.R.
45.02) of the Town. In the event that the 10% calculation results in fractional units, there shall be a rounding up to
the nearest whole number. If a specific provision of this Bylaw or of applicable state or Federal law requires a
greater number or percentage of"Local Initiative Units"or so-called "affordable housing units"than required by
this provision (for example, Bylaw Section 16, MGL c. 40B), then the greater requirement shall control.
MOVED that the Town vote to make the following amendment to the Zoning By-Laws of the Town, in the manner
described below:
In Section 4.3, Additional Use Regulations, by adding a new note 14 that reads as follows:
(14) Inclusionary Zoning. In any residential development of multifamily or apartment units containing 5 or more
units, proposed on or after July 1, 2006 within any district and under any portion of the Bylaw, a minimum of one
(1) unit or ten percent (10%) of the total number of dwelling units, whichever is greater, shall be eligible for
qualification as"Local Initiative Units" (as defined in 760 C.M.R. 45.02) in accordance with the standards and
conditions set forth in 760 C.M.R. 45.03, so as to be eligible for inclusion within the"Subsidized Housing
Inventory" (as defined in 760 C.M.R. 45.02) of the Town. In the event that the 10% calculation results in fractional
units, there shall be a rounding up to the nearest whole number. If a specific provision of this Bylaw or of
applicable state or Federal law requires a greater number or percentage of"Local Initiative Units" or so-called
"affordable housing units"than required by this provision (for example, Bylaw Section 16, MGL c. 40B), then the
greater requirement shall control.
A 2/3's vote is required. Motion adopted.
Article 14: Zoning Bylaw— Off-Street Parking
To see if the Town will vote to amend Section 5.4 "Table of Area Regulation Notes" Note#8 by striking Note 8 in its
entirety and substituting therefore the following, "Within the highway business, technology business and light industry
districts, along any street frontage a green strip not less than thirty-five (35)feet wide shall be maintained and landscaped
with grass, trees and/or shrubs, not paved, except for driveways, not parked upon and not built upon except for signs.";
And further to see if the Town will vote to amend: (a) Subsections E, F and G in the "TABLE OF OFF-STREET PARKING
STANDARDS" OF Section 7.1 (Off Street Parking and Loading Regulations), of the Zoning Bylaw as set forth below, so
as to change the required parking spaces to five (5)spaces per 1,000 square feet of net floor area; and (b) Subsection 10
of Section 7.2 (General Parking and Loading Regulations)of the Zoning Bylaw as set forth below to exclude the light
industry, highway business and technology business districts from its application.
The "Table of Off-Street Parking Standards" is amended by deleting Subsections E, F and G in their entirety and replacing
them with the following:
E. Meeting hall, auditoriums,
private clubs and lodges, funeral One space for each three seats, or where
homes, restaurants that are part benches are used, one space for each six linear
of a mixed use development, feet of bench, where no fixed seats are used (as
theaters, bowling alleys and in a terminal), one space per eighty square feet
other amusements, bus depots of public floor area; except in the Light Industry,
and other passenger terminals, Technology Business and Highway Business
other places of public assembly districts, for restaurants that are part of a mixed
use development, one space per two hundred
square feet of net floor area
F. Libraries and museums, as One space per two hundred square feet of net
well as civic, cultural and floor area
community facilities in the Light
Industry, Technology Business
and Highway Business districts
G. Offices, stores, other One space for each one hundred square feet of
business establishments, net floor area, except one space for each two
including retail businesses hundred square feet of net floor area in the Light
(whether service-oriented or Industry, Technology Business and Highway
otherwise), showrooms, Business districts
consumer service
establishments, public banks and
other monetary institutions,
automotive repair shops and
service stations
Subsection 10 of Section 7.2 of the Bylaw is amended as follows:
After the following first clause of Section 7.2.10: "Notwithstanding anything to the contrary herein contained," add the
following text:
"in any district other than the Light Industry, Technology Business and Highway Business districts (which districts are
specifically excluded from application of this Section 7.2.10),".
Or take any other action related thereto.
MOVED that the Town of Cohasset Zoning Bylaws, as amended, be further amended as follows: by amending Section
5.4 "Table of Area Regulation Notes" Note#8 by striking Note 8 in its entirety and substituting therefore the following,
"Within the highway business, technology business and light industry districts, along any street frontage a green strip not
less than thirty-five (35)feet wide shall be maintained and landscaped with grass, trees and/or shrubs, not paved, except
for driveways, not parked upon and not built upon except for signs.";
And further by amending: (a) Subsections E, F and G in the "TABLE OF OFF-STREET PARKING STANDARDS" OF
Section 7.1 (Off Street Parking and Loading Regulations), of the Zoning Bylaw as set forth below, so as to change the
required parking spaces to five (5) spaces per 1,000 square feet of net floor area; and (b) Subsection 10 of Section 7.2
(General Parking and Loading Regulations) of the Zoning Bylaw as set forth below to exclude the light industry, highway
business and technology business districts from its application.
And by amending the "Table of Off-Street Parking Standards" is amended by deleting Subsections E, F and G in their
entirety and replacing them with the following:
E. Meeting hall, auditoriums, One space for each three seats, or where
private clubs and lodges, funeral benches are used, one space for each six linear
homes, restaurants that are part feet of bench, where no fixed seats are used (as
of a mixed use development, in a terminal), one space per eighty square feet
theaters, bowling alleys and of public floor area; except in the Light Industry,
other amusements, bus depots Technology Business and Highway Business
and other passenger terminals, districts, for restaurants that are part of a mixed
other places of public assembly use development, one space per two hundred
square feet of net floor area
F. Libraries and museums, as One space per two hundred square feet of net
well as civic, cultural and floor area
community facilities in the Light
Industry, Technology Business
and Highway Business districts
G. Offices, stores, other One space for each one hundred square feet of
business establishments, net floor area, except one space for each two
including retail businesses hundred square feet of net floor area in the Light
(whether service-oriented or Industry, Technology Business and Highway
otherwise), showrooms, Business districts
consumer service
establishments, public banks and
other monetary institutions,
automotive repair shops and
service stations
Subsection 10 of Section 7.2 of the Bylaw is amended as follows:
After the following first clause of Section 7.2.10: "Notwithstanding anything to the contrary herein contained," add the
following text:
"in any district other than the Light Industry, Technology Business and Highway Business districts (which districts are
specifically excluded from application of this Section 7.2.10),".
A 2/3's vote is required. Motion adopted.
Article 1S: Zoning Bylaw— Senior Multi-Family Residence Overlay District
To see if the Town will vote to amend Section 16: "Senior Multi-family Residence Overlay District" of the Cohasset Zoning
Bylaw, as amended by Town Meeting action of March 29, 2004, by inserting a new paragraph in the Preamble of said
Section 16 to read as follows:
All provisions of this Section 16 of the Cohasset Zoning Bylaws shall cease in their effect and operation, as a whole and
severable, upon passage of this paragraph by action of Town Meeting, such that no further special permits under this
Section 16 may be applied for by any person, partnerships, corporations, or other entity following the date of first public
advertisement of the amendatory town meeting warrant article containing this paragraph. The sole exemption to such
'sunsetting' action of this paragraph shall be a SMRD development known as the Cook Estate, which property is identified
as Assessor's Map 43, Plot 002, and including Lot C (14.82 acres), Lot B (2.1 acres) and Lot 1A (2 acres) as shown on
same Map, provided that said identified development be applied for under Section 16 by such entity that is selected by the
Board of Selectmen pursuant to an RFP process, and which shall proceed under the Local Inititiative program, and/or
Local Inititiative Program Units Only pursuant to 760 C.M.R. 45.00 et seq., or take any other action related thereto.
MOVED that the Town of Cohasset Zoning Bylaws, as amended, be further amended as follows: by amending Section
16: "Senior Multi-family Residence Overlay District" of the Cohasset Zoning Bylaw, as amended by Town Meeting action
of March 29, 2004, by inserting a new paragraph in the Preamble of said Section 16 to read as follows:
All provisions of this Section 16 of the Cohasset Zoning Bylaws shall cease in their effect and operation, as a whole and
severable, upon passage of this paragraph by action of Town Meeting, such that no further special permits under this
Section 16 may be applied for by any person, partnerships, corporations, or other entity following the date of first public
advertisement of the amendatory town meeting warrant article containing this paragraph. The sole exemption to such
'sunsetting' action of this paragraph shall be a SMRD development known as the Cook Estate, which property is identified
as Assessor's Map 43, Plot 002, and including Lot C (14.82 acres), Lot B (2.1 acres) and Lot 1A (2 acres) as shown on
same Map, provided that said identified development be applied for under Section 16 by such entity that is selected by the
Board of Selectmen pursuant to an RFP process, and which shall proceed under the Local Inititiative program, and/or
Local Inititiative Program Units Only pursuant to 760 C.M.R. 45.00 et seq.
A 2/3's vote is required. Motion adopted unanimously.
Article 16: Zoning Bylaw - Large House Plan Review
To see if the Town will vote to amend Section 5.5 of the Zoning Bylaw, "Large House Plan Review", 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 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 as feasible.
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.
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, excluding the time to pursue or await
determination of any appeals, if substantial use or construction has not commenced, except for good cause shown.
MOVED that the article be indefinitely postponed.
Motion to indefinitely postpone is adopted.
Article 17: Zoning Bylaw— Transit Oriented Development
To see if the Town will vote to amend the Cohasset Zoning Bylaw to add a new Section 17 as follows:
Section 17: Transit-Oriented Development Overlay District
The Transit-Oriented Development Overlay District ("TOD Overlay District") created herein shall be deemed to be an overlay
district. The location and boundaries of the TOD Overlay District is the Light Industry district to the North of Chief Justice
Cushing Highway (Commonwealth Route 3A), as shown on a map entitled "Town of Cohasset, Massachusetts Zoning District
Map, March 2002 prepared by Amory Engineers, P.C.", excluding any other areas in the Town that are zoned Light Industry.
Said overlay district is comprised of Cohasset Assessors' plots Map 71, Plot 1, Map 73, Lot 13, Map 74, Lot 5, Map 74, Lot 7,
Map 74, Lot 7T, Map 74, Lot 8, Map 74, Lot 8T and Map 74, Lot 9. The requirements set forth below shall constitute an
alternative set of standards for development and use of real estate within the said Light Industry District, provided, however,
that a Special Permit in accordance with this Section 17 is granted by the Planning Board. If such a Special Permit is not
sought, is not granted or lapses, then all requirements of the underlying district shall apply to the land, but such alternate set
of standards for development and use of real estate within said Light Industry District, as provided herein, shall not apply.
17.1 Definitions
For the purposes of this Section of the Bylaw, the following terms and words are given the meanings stated below:
Drive-Through Facility. A facility that allows for transactions of goods (including food and/or beverage) or services without
leaving a motor vehicle.
Mixed Use. Development contained on a single parcel or adjoining parcels that includes different uses and which provide for
a variety of activities throughout the day.
Pedestrian-Friendly. The design of environments that promote pedestrian comfort, safety, access and visual interest.
Public Seating Area. Any outside seating or activity area designated for use by the public, including outdoor areas provided
by Restaurants.
Shared Parking. Parking that is utilized by two or more different uses, or two or more distinct lots, with different peak period
parking demand, part of which may be the Transit Station parking.
Transit-Oriented Development (TOD). A Development pattern created in the vicinity of a transit facility or station that is
characterized by higher density, mixed uses, a safe and attractive pedestrian environment, reduced parking, and a direct and
convenient access to the transit facility and retail services and conveniences.
Transit Station. The area including the platform, which supports transit usage and that is owned and/or operated by the
transit agency.
17.2 Purpose
The following are the purposes of this TOD Overlay District Bylaw:
1. Encourage a mix of moderate to high density Development within walking distance of a transit station;
2. Create a commuter-friendly environment to encourage transit use;
3. Reduce automobile dependency and roadway congestion (and also thereby reducing pollution) by locating multiple
destinations and trip purposes within walking distance of one another;
4. Encourage healthy exercise through walking between the Transit Station and conveniently close retail goods and services
and/or residences;
5. Create a Pedestrian-Friendly neighborhood that promotes, facilitates and encourages safe walking, bicycling, human
interactions and retail conveniences for both commuters and non-commuters;
6. Where such district may have areas conducive to housing, allow for housing options;
7. Establish an area with retail establishments (goods and services) that serve the anticipated needs and conveniences of
the transit ridership as well as other persons within and without the TOD Overlay District; and
8. Provide for an expanded property tax base.
9. The Town considers the mixing of residential and commercial uses in the TOD Overlay District to be one of the
fundamental purposes of this Section 17 of the Cohasset Zoning Bylaw.
17.3 Procedures
1. Any development, use and/or change of use allowed pursuant to this Section 17 shall require an application for a
special permit in the TOD Overlay District, and for Site Plan Review pursuant to Section 12.6 of the Cohasset Zoning
Bylaw, to be filed with the Town Clerk with a copy filed forthwith with the Planning Board and shall be accompanied
by eighteen (18) copies of a site plan of the entire tract under consideration, prepared by a professional engineer,
architect or landscape architect.
2. Said application and plan shall be prepared in accordance with the requirements for a Site Plan Review in the rules
and regulations for Site Plan Review as adopted by the Cohasset Planning Board, inclusive of all checklists, and shall
include the proposed location, bulk, and height of all proposed buildings. In addition, the applicant shall provide the
following information:
a. An analysis of the site, including wetlands, slopes, soil conditions, areas within the 100-year flood plain, trees
over eight inches in diameter and such other natural features as the Planning Board may request
b. A summary of the environmental concerns related to the proposed plan
C. Sufficient information, including soil evaluation and percolation test data, in accordance with the rules and
regulations of the Cohasset Board of Health and applicable Department of Environmental Protection
regulations, to make a determination that adequate provision is made for the disposal of septic waste or
written confirmation from the Town of Cohasset Sewer Commission detailing an agreement to accept the
proposed wastewater flow.
d. A description of the neighborhood in which the lot lies, including utilities and other public facilities, and the
impact of the proposed plan upon them.
e. Design characteristics shall be shown through rendering or elevations and shall include, but not be limited to,
building material, architectural design, streets, site and building landscaping.
f. An economic impact analysis of the proposed use and development upon the Town.
g. Any other information required by the Planning Board in the rules and regulations adopted by it with respect to
such special permit process.
3. Before acting upon any application, the Planning Board shall submit a copy of such application along with a copy of
the plan to each of the following boards and departments, which may review it jointly or separately: the board of
health, sewer commission, water commission, conservation commission, design review board, police department, fire
department and other boards and departments that the Planning Board may deem appropriate. Any such board or
department to which the application and plan are referred for review shall submit such recommendations, as it deems
appropriate, to the Planning Board. Failure to make recommendations within thirty-five days of receipt shall be
deemed lack of opposition by the non-responding board or department.
4. The Planning Board shall hold a public hearing under this Section 17 and take action thereupon, in conformity with the
provisions of the General Laws, Chapter 40A, Sections 9 and 11.
5. A special permit issued under this section 17 shall not be a substitute for compliance with the Site Plan Review
requirements of Section 12.6 of the Cohasset Zoning Bylaw where such compliance is required pursuant to applicable
law. The granting of a special permit pursuant to this Section 17 shall not constitute a waiver of any requirement of
Section 12.6, as above. However, to facilitate processing, the Planning Board may accept a combined plan and
application which shall satisfy the requirements of this Section 17 and Section 12.6 of the Cohasset Zoning Bylaw
where applicable.
17.4 Uses
One or more of the following single uses or Mixed Uses, in a single structure or in multiple standalone structures, of such
features and dimensions as will be in compliance with the design standards of Section 17.5, the parking rules of Section
17.6 and the dimensional requirements of Section 17.7, are permitted in the TOD Overlay District by grant of the special
permit described in this Section 17, if involving one or more of the following:
a. Retail uses, whether service-oriented or otherwise, including, without limitation, banks (with or without drive-through
facilities), restaurants (but excluding fast food restaurants), public seating areas, dry cleaners, drugstores,
convenience stores, beauty salons, barber shops, tailors and other personal services
b. One- and/or two-bedroom dwelling units in multi-family format, so long as part of a Mixed Use Development in which
aggregate net floor area of dwelling units (exclusive of garages and other covered parking structures) does not
exceed 40% of total net floor area on the entire tract under consideration
c. Civic, cultural and community facilities
d. Offices, stores, daycare facilities and other business establishments
e. Train stations
f. Buildings and uses accessory to the above, including, without limitation, parking garages that are accessory to
dwelling units and cafeterias
2. Prohibited Uses
Any use that is not an allowed use in the Light Industry District shall be prohibited in the TOD Overlay District, except as
allowed by a special permit issued pursuant to this Section 17.
17.5 Design Standards
1. The layout of all buildings proposed for a particular site within the TOD Overlay District shall take into account access to
public paths, public sidewalks and/or public roadways that connect to other developed sites, uses, and roadways in the
TOD Overlay District as well as the Transit Station.
2. Individual buildings proposed for a particular site within the TOD Overlay District shall be related to each other(and to the
buildings in earlier approved TOD Overlay District Developments, if any) in design, mass, material, placement and
connection to provide for a visually and physically integrated TOD Overlay District.
3. Treatment of the sides and rears of all buildings within the development shall be comparable in amenities and appearance
to the treatment given the street frontage of these same buildings.
4. Included residences shall be in visual and architectural harmony with the non-residential portions of the development.
5. Subject to the provisions of Section 6, all signs shall be complementary in their use of color, shape, and material. Signs
may be double-sided.
6. Street trees shall be planted along all rights-of-way.
7. Landscaped areas, open spaces and plazas are encouraged.
8. Pedestrian amenities including benches, trash receptacles and planters shall be provided along sidewalks.
9. Facades over 50 feet in length shall be divided into shorter segments by means of fagade modulation, repeating window
patterns, changes in materials, canopies or awnings, varying roof lines and/or other architectural treatments.
10. The Town considers residential use to be a necessary component of the TOD Overlay District, pursuant to Section 17.2.9.
Therefore a TOD application must contain a residential component.
17.6 Parking and Circulation Standards
1. Parking requirements within the TOD Overlay District are as follows:
a. For residential uses, 1 space for each one-bedroom unit and 2 spaces for each two-
bedroom unit.
b. For non-residential uses, 1 space per 200 square feet of floor area (net).
2. Further reduction in the number of required parking spaces may be permitted by the Planning Board pursuant to this
Section 17 after findings made by such Planning Board in its sole determination. The bases for such findings may
include, but are not limited to the following: the Development will be adequately served by users of public transportation;
the existence of the Transit Station parking otherwise mitigates the need for compliance with the parking ratio stated in
Section 17.6.1; and, peak parking demand of the proposed uses in the development do not coincide.
3. Shared parking is strongly encouraged.
a. On any lot in the TOD Overlay District that serves more than one use, the total number of spaces required for a
Development (taken as a whole) may be reduced, provided that the applicant submits credible evidence to the
satisfaction of the Planning Board that the peak parking demand of the uses do not coincide, and that the
accumulated parking demand at any one time shall not exceed the total capacity of the facility. Such evidence must
take into account the parking demand of residents, employees, customers, visitors, and any other users of the lot. It
must also take into account parking demand on both weekends and weekdays, and both during the daytime and
overnight.
b. The Planning Board, in its discretion may cumulate a certain amount or percentage of the Transit Station parking
with that of any lot within the TOD Overlay District that adjoins the Transit Station for purposes of the adjoining lot's
compliance with the stated parking ratios, if an appropriate written agreement between the lot owners exists. This will
be consistent with the Pedestrian-Friendly environment where it is expected that commuters will walk from the Transit
Station to the retail conveniences on such adjoining lots.
4. Subject to mutual agreement between the ownership of the Transit Station and the ownership of lots within the TOD
Overlay District that adjoin the Transit Station, there shall be road connections for vehicular passage from the Transit
Station to the parking lots of such adjoining properties within the TOD Overlay District that feature retail and/or residential
Development.
5. Bicycle racks shall be provided on site at a ratio of 1 space for every 20 automobile parking spaces, except that if the
Planning Board determines in its discretion that the Transit Station parking area provides for such bicycle racks in
sufficient number and proximity to the Development, the Planning Board may permit a ratio of 1 bicycle rack for each
greater number of automobile spaces as it decides.
6. All parking lots must provide pedestrian access ways that meet the Dimensional Requirements detailed in Section 17.7.
7. Signage that shows the location and best means of access to the Transit Station must be provided at all parking facilities
of the Development if there is direct vehicular access from the parking lot of the Development to the parking lot of the
Transit Station without utilizing the main streets or highways.
8. To reduce congestion on the highways and main streets, cross-easement access between the Transit Station parking
area and parking areas in Developments on lots adjacent to the Transit Station is encouraged. Due safety provisions
shall be provided for intersections of walkways and bikepaths with automobile cross-access roads.
17.7 Dimensional Requirements
1. Building Setbacks
a. A building (inclusive of any Public Seating Area that it provides) shall have a minimum front yard setback of 20 feet.
Additionally, except for any projection/structure not used for human habitation (including, without limitation, cupolas,
chimneys and towers), the upper surface area of which does not exceed five percent of total roof area in the development,
no building or portion thereof within 35 feet from its property's front lot line shall be higher than 21 feet.
b. The minimum "green strip" requirement under Section 5.4.8 of the Bylaw shall be 35 feet for the TOD Overlay
District, maintained pursuant to Section 5.4.8, but may also contain sidewalks and pedestrian lighting.
c. The minimum setback for a side yard shall be 10 feet.
d. The minimum setback for aback yard shall be 10 feet.
2. Bulk and Lot Coverage
a. Minimum lot coverage is 40 percent. Maximum lot coverage is limited to 80 percent.
b. Minimum structural coverage is 20 percent. Maximum structural coverage is limited to 40 percent.
3. Driveways
a. The creation of new curb cuts shall be avoided whenever an alternative point of access is available or can be created.
Even if curb cuts already exist, shared access agreements are encouraged, in particular, joint collector and distributor
roads, to minimize points of entry and exit onto highways and main roads that would cause traffic congestion.
b. The minimum width for one-way traffic is 12 feet.
c. The minimum width for two-way traffic is 18 feet.
4. Sidewalks
a. A minimum unobstructed sidewalk width of 5 feet is required.
b. Pedestrian scale lighting fixtures no greater than 15 feet in height shall be provided along all sidewalks and walkways
to provide ample lighting during nighttime hours.
17.8 Affordable Housing—"Local Initiative Units"
1. In any Development within the TOD Overlay District that features dwelling units as a part thereof, the following shall apply,
subject to Sections 17.8.2 and 17.8.3:
a. No less than ten percent(10%) of the total number of dwelling units shall be eligible for qualification as "Local Initiative
Units" (as defined in 760 C.M.R. 45.02) in accordance with the standards and conditions set forth in 760 C.M.R.
45.03, so as to be eligible for inclusion within the "Subsidized Housing Inventory" (as defined in 760 C.M.R. 45.02) of
the Town;
b. The Planning Board may set such conditions on approval of dwelling units in a Development and such restrictions as
to 10% of such dwelling units that are consistent with the criteria under 760 C.M.R. 45.03 for qualification of such 10%
of dwelling units as Local Initiative Units.
2. Section 17.8.1 shall not apply to any Development that features less than 5 dwelling units (including those
Developments that feature zero dwelling units) and shall not apply to the portions of any Development to which Section
17.8.1 applies that are other than dwelling units.
3. In a Development to which Section 17.8.1 applies, in the event that the 10% calculation results in fractional units,
there shall be a rounding up to the nearest whole number. (For example, 5 dwelling units shall include at least 1 Local
Initiative Unit; and 11 dwelling units shall include at least 2 Local Initiative Units.)
17.9 Relationship to Other Bylaw Sections and Further Requirements
1. Sections 16.10.3 and 7.2.10 of the Bylaw shall not apply to the TOD Overlay District.
2. Any standards for development and use that are not specifically set forth herein shall be the standards applicable to
development and use in the underlying district.
3. The Planning Board shall adopt, and from time to time amend, Rules are Regulations consistent with the provisions of this
Zoning Bylaw, Chapter 40A of General Laws and other applicable provisions of the General Laws and shall file a copy of
said rules and regulations with the Town Clerk. Such rules and regulations shall, subject to provisions of this Section 17,
prescribe as minimum the size, contents, form, style and number of plans and specifications, the Town boards or
Departments from which the Planning Board will request written reports and the procedure for submission and approval of
a Special Permit under the provisions of this section. The Planning Board shall also specify the fees to be paid in
connection with application for a TOD Overlay Development, bonding requirements to satisfy conditions of approval, and
reporting requirements to satisfy compliance with the affordability restrictions. Other specifications as deemed necessary
by the Planning Board shall be included in the Rules and Regulations. Failure to adopt such Rules and Regulations shall
not affect the validity of this Section 17.
MOVED that the Town of Cohasset Zoning Bylaws, as amended, be further amended as follows: by adding the following new
Section 17:
Section 17: Transit-Oriented Development Overlay District
The Transit-Oriented Development Overlay District ("TOD Overlay District") created herein shall be deemed to be an overlay
district. The location and boundaries of the TOD Overlay District is the Light Industry district to the North of Chief Justice
Cushing Highway (Commonwealth Route 3A), as shown on a map entitled "Town of Cohasset, Massachusetts Zoning District
Map, March 2002 prepared by Amory Engineers, P.C.", excluding any other areas in the Town that are zoned Light Industry.
Said overlay district is comprised of Cohasset Assessors' plots Map 71, Plot 1, Map 73, Lot 13, Map 74, Lot 5, Map 74, Lot 7,
Map 74, Lot 7T, Map 74, Lot 8, Map 74, Lot 8T and Map 74, Lot 9. The requirements set forth below shall constitute an
alternative set of standards for development and use of real estate within the said Light Industry District, provided, however,
that a Special Permit in accordance with this Section 17 is granted by the Planning Board. If such a Special Permit is not
sought, is not granted or lapses, then all requirements of the underlying district shall apply to the land, but such alternate set
of standards for development and use of real estate within said Light Industry District, as provided herein, shall not apply.
17.1 Definitions
For the purposes of this Section of the Bylaw, the following terms and words are given the meanings stated below:
Drive-Through Facility. A facility that allows for transactions of goods (including food and/or beverage) or services without
leaving a motor vehicle.
Mixed Use. Development contained on a single parcel or adjoining parcels that includes different uses and which provide for
a variety of activities throughout the day.
Pedestrian-Friendly. The design of environments that promote pedestrian comfort, safety, access and visual interest.
Public Seating Area. Any outside seating or activity area designated for use by the public, including outdoor areas provided
by Restaurants.
Shared Parking. Parking that is utilized by two or more different uses, or two or more distinct lots, with different peak period
parking demand, part of which may be the Transit Station parking.
Transit-Oriented Development (TOD). A Development pattern created in the vicinity of a transit facility or station that is
characterized by higher density, mixed uses, a safe and attractive pedestrian environment, reduced parking, and a direct and
convenient access to the transit facility and retail services and conveniences.
Transit Station. The area including the platform, which supports transit usage and that is owned and/or operated by the
transit agency.
17.2 Purpose
The following are the purposes of this TOD Overlay District Bylaw:
1. Encourage a mix of moderate to high density Development within walking distance of a transit station;
2. Create a commuter-friendly environment to encourage transit use;
3. Reduce automobile dependency and roadway congestion (and also thereby reducing pollution) by locating multiple
destinations and trip purposes within walking distance of one another;
4. Encourage healthy exercise through walking between the Transit Station and conveniently close retail goods and services
and/or residences;
5. Create a Pedestrian-Friendly neighborhood that promotes, facilitates and encourages safe walking, bicycling, human
interactions and retail conveniences for both commuters and non-commuters;
6. Where such district may have areas conducive to housing, allow for housing options;
7. Establish an area with retail establishments (goods and services) that serve the anticipated needs and conveniences of
the transit ridership as well as other persons within and without the TOD Overlay District; and
8. Provide for an expanded property tax base.
9. The Town considers the mixing of residential and commercial uses in the TOD Overlay District to be one of the
fundamental purposes of this Section 17 of the Cohasset Zoning Bylaw.
17.3 Procedures
1. Any development, use and/or change of use allowed pursuant to this Section 17 shall require an application for a special
permit in the TOD Overlay District, and for Site Plan Review pursuant to Section 12.6 of the Cohasset Zoning Bylaw, to be
filed with the Town Clerk with a copy filed forthwith with the Planning Board and shall be accompanied by eighteen (18) copies
of a site plan of the entire tract under consideration, prepared by a professional engineer, architect or landscape architect.
2. Said application and plan shall be prepared in accordance with the requirements for a Site Plan Review in the rules and
regulations for Site Plan Review as adopted by the Cohasset Planning Board, inclusive of all checklists, and shall include the
proposed location, bulk, and height of all proposed buildings. In addition, the applicant shall provide the following information:
a. An analysis of the site, including wetlands, slopes, soil conditions, areas within the 100-year flood plain, trees
over eight inches in diameter and such other natural features as the Planning Board may request.
b. A summary of the environmental concerns related to the proposed plan.
C. Sufficient information, including soil evaluation and percolation test data, in accordance with the rules and
regulations of the Cohasset Board of Health and applicable Department of Environmental Protection
regulations, to make a determination that adequate provision is made for the disposal of septic waste or
written confirmation from the Town of Cohasset Sewer Commission detailing an agreement to accept the
proposed wastewater flow.
d. A description of the neighborhood in which the lot lies, including utilities and other public facilities, and the
impact of the proposed plan upon them.
e. Design characteristics shall be shown through rendering or elevations and shall include, but not be limited to,
building material, architectural design, streets, site and building landscaping.
f. An economic impact analysis of the proposed use and development upon the Town.
g. Any other information required by the Planning Board in the rules and regulations adopted by it with respect to such
special permit process.
6. Before acting upon any application, the Planning Board shall submit a copy of such application along with a copy of the
plan to each of the following boards and departments, which may review it jointly or separately: the board of health, sewer
commission, water commission, conservation commission, design review board, police department, fire department and other
boards and departments that the Planning Board may deem appropriate. Any such board or department to which the
application and plan are referred for review shall submit such recommendations, as it deems appropriate, to the Planning
Board. Failure to make recommendations within thirty-five days of receipt shall be deemed lack of opposition by the non-
responding board or department.
7. The Planning Board shall hold a public hearing under this Section 17 and take action thereupon, in conformity with the
provisions of the General Laws, Chapter 40A, Sections 9 and 11.
8. A special permit issued under this section 17 shall not be a substitute for compliance with the Site Plan Review
requirements of Section 12.6 of the Cohasset Zoning Bylaw where such compliance is required pursuant to applicable law.
The granting of a special permit pursuant to this Section 17 shall not constitute a waiver of any requirement of Section 12.6,
as above. However, to facilitate processing, the Planning Board may accept a combined plan and application which shall
satisfy the requirements of this Section 17 and Section 12.6 of the Cohasset Zoning Bylaw where applicable.
17.4 Uses
1. Special Permit Uses
One or more of the following single uses or Mixed Uses, in a single structure or in multiple standalone structures, of such
features and dimensions as will be in compliance with the design standards of Section 17.5, the parking rules of Section 17.6
and the dimensional requirements of Section 17.7, are permitted in the TOD Overlay District by grant of the special permit
described in this Section 17, if involving one or more of the following:
b. Retail uses, whether service-oriented or otherwise, including, without limitation, banks (with or without drive-
through facilities), restaurants (but excluding fast food restaurants), public seating areas, dry cleaners,
drugstores, convenience stores, beauty salons, barber shops, tailors and other personal services.
C. One- and/or two-bedroom dwelling units in multi-family format, so long as part of a Mixed Use Development in
which aggregate net floor area of dwelling units (exclusive of garages and other covered parking structures)
does not exceed 40% of total net floor area on the entire tract under consideration.
d. Civic, cultural and community facilities.
e. Offices, stores, daycare facilities and other business establishments.
f. Train stations.
h. Buildings and uses accessory to the above, including, without limitation, parking garages that are accessory
to dwelling units and cafeterias.
2. Prohibited Uses
Any use that is not an allowed use (by right or special permit) in the Light Industry District shall be prohibited in the TOD
Overlay District, except as allowed by a special permit issued pursuant to this Section 17.
17.5 Design Standards
1. The layout of all buildings proposed for a particular site within the TOD Overlay District shall take into account access to
public paths, public sidewalks and/or public roadways that connect to other developed sites, uses, and roadways in the TOD
Overlay District as well as the Transit Station.
2. Individual buildings proposed for a particular site within the TOD Overlay District shall be related to each other(and to the
buildings in earlier approved TOD Overlay District Developments, if any) in design, mass, material, placement and connection
to provide for a visually and physically integrated TOD Overlay District.
3. Treatment of the sides and rears of all buildings within the development shall be comparable in amenities and appearance
to the treatment given the street frontage of these same buildings.
4. Included residences shall be in visual and architectural harmony with the non-residential portions of the development.
5. Subject to the provisions of Section 6, all signs shall be complementary in their use of color, shape, and material. Signs
may be double-sided.
6. Street trees shall be planted along all rights-of-way.
7. Landscaped areas, open spaces and plazas are encouraged.
8. Pedestrian amenities including benches, trash receptacles and planters shall be provided along sidewalks.
9. Facades over 50 feet in length shall be divided into shorter segments by means of fagade modulation, repeating window
patterns, changes in materials, canopies or awnings, varying roof lines and/or other architectural treatments.
10. The Town considers residential use to be a necessary component of the TOD Overlay District, pursuant to Section 17.2.9.
Therefore a TOD application must contain a residential component.
17.6 Parking and Circulation Standards
1. Parking requirements within the TOD Overlay District are as follows:
b. For residential uses, 1 space for each one-bedroom unit and 2 spaces for each two-
bedroom unit.
C. For non-residential uses, 1 space per 200 square feet of floor area (net).
2. Further reduction in the number of required parking spaces may be permitted by the Planning Board pursuant to this
Section 17 after findings made by such Planning Board in its sole determination. The bases for such findings may include, but
are not limited to the following: the Development will be adequately served by users of public transportation; the existence of
the Transit Station parking otherwise mitigates the need for compliance with the parking ratio stated in Section 17.6.1; and,
peak parking demand of the proposed uses in the development do not coincide.
3. Shared parking is strongly encouraged.
C. On any lot in the TOD Overlay District that serves more than one use, the total number of spaces required for
a Development (taken as a whole) may be reduced, provided that the applicant submits credible evidence to
the satisfaction of the Planning Board that the peak parking demand of the uses do not coincide, and that the
accumulated parking demand at any one time shall not exceed the total capacity of the facility. Such evidence
must take into account the parking demand of residents, employees, customers, visitors, and any other users
of the lot. It must also take into account parking demand on both weekends and weekdays, and both during
the daytime and overnight.
C. The Planning Board, in its discretion may cumulate a certain amount or percentage of the Transit Station
parking with that of any lot within the TOD Overlay District that adjoins the Transit Station for purposes of the
adjoining lot's compliance with the stated parking ratios, if an appropriate written agreement between the lot
owners exists. This will be consistent with the Pedestrian-Friendly environment where it is expected that
commuters will walk from the Transit Station to the retail conveniences on such adjoining lots.
4. Subject to mutual agreement between the ownership of the Transit Station and the ownership of lots within the TOD
Overlay District that adjoin the Transit Station, there shall be road connections for vehicular passage from the Transit Station
to the parking lots of such adjoining properties within the TOD Overlay District that feature retail and/or residential
Development.
5. Bicycle racks shall be provided on site at a ratio of 1 space for every 20 automobile parking spaces, except that if the
Planning Board determines in its discretion that the Transit Station parking area provides for such bicycle racks in sufficient
number and proximity to the Development, the Planning Board may permit a ratio of 1 bicycle rack for each greater number of
automobile spaces as it decides.
6. All parking lots must provide pedestrian access ways that meet the Dimensional Requirements detailed in Section 17.7.
7. Signage that shows the location and best means of access to the Transit Station must be provided at all parking facilities
of the Development if there is direct vehicular access from the parking lot of the Development to the parking lot of the Transit
Station without utilizing the main streets or highways.
8. To reduce congestion on the highways and main streets, cross-easement access between the Transit Station parking
area and parking areas in Developments on lots adjacent to the Transit Station is encouraged. Due safety provisions shall be
provided for intersections of walkways and bikepaths with automobile cross-access roads.
17.7 Dimensional Requirements
1. Building Setbacks
a. A building (inclusive of any Public Seating Area that it provides) shall have a minimum front yard setback of
20 feet. Additionally, except for any projection/structure not used for human habitation (including, without
limitation, cupolas, chimneys and towers), the upper surface area of which does not exceed five percent of
total roof area in the development, no building or portion thereof within 35 feet from its property's front lot line
shall be higher than 21 feet.
d. The minimum "green strip" requirement under Section 5.4.8 of the Bylaw shall be 35 feet for the TOD Overlay
District, maintained pursuant to Section 5.4.8, but may also contain sidewalks and pedestrian lighting.
C. The minimum setback for a side yard shall be 10 feet.
d. The minimum setback for a back yard shall be 10 feet.
2. Bulk and Lot Coverage
a. Minimum lot coverage is 40 percent. Maximum lot coverage is limited to 80 percent.
b. Minimum structural coverage is 20 percent. Maximum structural coverage is limited to 40 percent.
3. Driveways
a. The creation of new curb cuts shall be avoided whenever an alternative point of access is available or can be
created. Even if curb cuts already exist, shared access agreements are encouraged, in particular, joint collector
and distributor roads, to minimize points of entry and exit onto highways and main roads that would cause traffic
congestion.
b. The minimum width for one-way traffic is 12 feet.
c. The minimum width for two-way traffic is 18 feet.
4. Sidewalks
a. A minimum unobstructed sidewalk width of 5 feet is required.
b. Pedestrian scale lighting fixtures no greater than 15 feet in height shall be provided along all sidewalks and
walkways to provide ample lighting during nighttime hours.
17.8 Affordable Housing—"Local Initiative Units"
4. In any Development within the TOD Overlay District that features dwelling units as a part thereof, the following shall apply,
subject to Sections 17.8.2 and 17.8.3:
a. No less than ten percent (10%) of the total number of dwelling units shall be eligible for qualification as "Local
Initiative Units" (as defined in 760 C.M.R. 45.02) in accordance with the standards and conditions set forth in 760
C.M.R. 45.03, so as to be eligible for inclusion within the "Subsidized Housing Inventory" (as defined in 760
C.M.R. 45.02) of the Town;
b. The Planning Board may set such conditions on approval of dwelling units in a Development and such restrictions
as to 10% of such dwelling units that are consistent with the criteria under 760 C.M.R. 45.03 for qualification of
such 10% of dwelling units as Local Initiative Units.
2. Section 17.8.1 shall not apply to any Development that features less than 5 dwelling units and shall not apply to the
portions of any Development to which Section 17.8.1 applies that are other than dwelling units.
3. In a Development to which Section 17.8.1 applies, in the event that the 10% calculation results in fractional units, there
shall be a rounding up to the nearest whole number. (For example, 5 dwelling units shall include at least 1 Local Initiative
Unit; and 11 dwelling units shall include at least 2 Local Initiative Units.)
17.9 Relationship to Other Bylaw Sections and Further Requirements
1. Sections 16.10.3 and 7.2.10 of the Bylaw shall not apply to the TOD Overlay District.
5. Any standards for development and use that are not specifically set forth herein shall be the standards applicable to
development and use in the underlying district.
6. The Planning Board shall adopt, and from time to time amend, Rules are Regulations consistent with the provisions of this
Zoning Bylaw, Chapter 40A of General Laws and other applicable provisions of the General Laws and shall file a copy of said
rules and regulations with the Town Clerk. Such rules and regulations shall, subject to provisions of this Section 17, prescribe
as minimum the size, contents, form, style and number of plans and specifications, the Town boards or Departments from
which the Planning Board will request written reports and the procedure for submission and approval of a Special Permit
under the provisions of this section. The Planning Board shall also specify the fees to be paid in connection with application
for a TOD Overlay Development, bonding requirements to satisfy conditions of approval, and reporting requirements to satisfy
compliance with the affordability restrictions. Other specifications as deemed necessary by the Planning Board shall be
included in the Rules and Regulations. Failure to adopt such Rules and Regulations shall not affect the validity of this Section
17.
A 2/3's vote required. Motion adopted by the required 2/3's.
Article 18: Zoning Bylaw - Reconciliation
To see if the Town will vote to Amend the Town of Cohasset Zoning Bylaw as follows:
That Section 3.1 be amended by adding to the overlay districts, Residential Cluster Development District and Senior Multi-
family Residence Overlay District and, if adopted, Transit-Oriented Development Overlay District, so that the last
paragraph of said Section 3.1 as amended, shall read as follows: "In addition, there are five overlay districts: The Flood
Plain and Watershed District, the Water Resource District, Residential Cluster Development District, Senior Multi-family
Residence Overlay District, and the Transit-Oriented Development Overlay District.
(515175 Article 35; 417186 Article 39;414187 Article 21;414181 Article 26, 11118102 Article 8 and[reserved for Transit-
Oriented Development Overlay District adoption details])."
That Section 4.1 be amended so as to add at the end thereof, immediately before the period: (inclusive of purposes
permitted in any overlay district, now existing or hereinafter adopted); so that said Section 4.1 as amended, shall read as
follows: "No building, structure, or land shall be used or occupied, in whole or in part, except for one or more of the
purposes permitted in its district(inclusive of purposes permitted in any overlay district, now existing or hereinafter
adopted)."
That Section 4.3.1 be amended so as to add at the end thereof, immediately before the period:, except as otherwise
provided in any overlay district, now existing or hereinafter adopted; so that said Section 4.3.1 as amended shall read as
follows: "Uses permitted by right or by special permit shall be subject to all provisions of this bylaw, except as otherwise
provided in any overlay district, now existing or hereinafter adopted."
That Note 12 as adopted under Article 7 at the 2004 Cohasset Annual Town Meeting and reading as follows, "All
residential uses shall be subject to Section 5.5." shall be re-numbered Note 13.
That Section 5.1 be amended so as to add at the end thereof, immediately before the period: , except as otherwise
provided in any overlay district, now existing or hereinafter adopted; so that said Section 5.1 as amended shall read as
follows: "The regulations for each district pertaining to lot area and dimensions shall be specified in this section and set
forth in the Table of Area Regulations, and shall be subject to further provisions of this section, except as otherwise
provided in any overlay district, now existing or hereinafter adopted."
That Section 7.1 (first sentence) be amended so as to add (1) after the comma that follows the third word of said first
sentence: except as otherwise provided in any overlay district, now existing or hereinafter adopted, and (2)a period
punctuation mark at the end thereof; so that said Section 7.1 as amended, shall read as follows: "In any district, except as
otherwise provided in any overlay district, now existing or hereinafter adopted, if a structure is constructed or enlarged, or
an existing use is enlarged or changed, or the dimensions of a lot are changed, off-street parking and loading spaces shall
be provided in accordance with the following Table of Off-Street Parking Standards."
That Section 7.2.6 shall be amended so as to add, following the last word in the first line: , except as otherwise provided in
any overlay district, now existing or hereinafter adopted or; so that said Section 7.2.6 as amended, shall read as follows:
"Parking spaces for one use shall not be considered as providing the required parking facilities for any other use, except
as otherwise provided in any overlay district, now existing or hereinafter adopted or except as authorized by the board of
appeals where it is clearly demonstrated that the need for parking occurs at different times."
That Section 7.2.10 shall be amended so as to add, after the comma that follows the seventh word in line 1: in any district
other than the light industry, technology business and highway business districts (which districts are specifically excluded
from application of this Section 7.2.10),: so that said Section 7.2.10 as amended, shall read as
follows: "Notwithstanding anything to the contrary herein contained, in any district other than the Light Industry,
Technology Business and Highway Business districts (which districts are specifically excluded from application of this
Section 7.2.10), contingent upon adequate space being provided and dedicated by a recordable covenant to the exclusive
use of parking, not more than thirty-three percent of the required parking space may remain undeveloped or set aside as
a green area at the sole discretion of the planning board as a part of a site plan review until such time as at its sole
discretion the planning board may require that all or part of the undeveloped parking area be surfaced and lined as
parking spaces.
(418185 Article 39 [Reserved for this Warrant])"
That Section 9.2 be amended so as to eliminate all references to the "Cohasset Flood Plain and Watershed Protection
Map", substituting therefor the "Flood Insurance Rate Map"or"FIRM", and with other updates shown by the underlining;
so that Section 9.2 as amended, shall read as follows:
"9.2 LOCATION. The Flood Plain and Watershed Protection District boundaries are shown on the Flood Insurance
Rate Map (such map, hereinafter, the "FIRM"), as Zones A, AI-30, and V1-30 to indicate the 100 year flood plain. The
exact boundaries of such Flood Plain and Watershed Protection District are defined by the 100 year water surface
elevations shown on the FIRM, as further defined by the flood profiles contained in the flood insurance study dated
January 15, 1986, as revised through September 29, 1986, and entitled "Flood Insurance Study-Town of Cohasset,
Massachusetts, Norfolk County", prepared by the Federal Emergency Management Agency (hereinafter called the "Flood
Insurance Study"). The floodway boundaries are delineated on the Cohasset Flood Boundary Map ("FBFM") dated
January 15, 1986, as revised through July 2, 1992, and further defined by the floodway data tables contained in the Flood
Insurance Study. The FIRM, the FBFM, and the Flood Insurance Study are on file with the offices of the town clerk,
planning board, building inspector, and board of selectmen."
MOVED that the Town of Cohasset Zoning Bylaws as amended, be further amended as follows:
That Section 3.1 be amended by adding to the overlay districts, Residential Cluster Development District and Senior Multi-
family Residence Overlay District and, Transit-Oriented Development Overlay District, so that the last paragraph of said
Section 3.1 as amended, shall read as follows: "In addition, there are five overlay districts: The Flood Plain and
Watershed District, the Water Resource District, Residential Cluster Development District, Senior Multi-family Residence
Overlay District, and the Transit-Oriented Development Overlay District.
(515175 Article 35; 417186 Article 39;414187 Article 21;414181 Article 26, 11118102 Article 8 and 4101106 Article 17.
That Section 4.1 be amended so as to add at the end thereof, immediately before the period: (inclusive of purposes
permitted in any overlay district, now existing or hereinafter adopted); so that said Section 4.1 as amended, shall read as
follows: "No building, structure, or land shall be used or occupied, in whole or in part, except for one or more of the
purposes permitted in its district (inclusive of purposes permitted in any overlay district, now existing or hereinafter
adopted)."
That Section 4.3.1 be amended so as to add at the end thereof, immediately before the period:, except as
otherwise provided in any overlay district, now existing or hereinafter adopted; so that said Section 4.3.1 as amended
shall read as follows: "Uses permitted by right or by special permit shall be subject to all provisions of this bylaw, except
as otherwise provided in any overlay district, now existing or hereinafter adopted."
That Note 12 as adopted under Article 7 at the 2004 Cohasset Annual Town Meeting and reading as follows, "All
residential uses shall be subject to Section 5.5." shall be re-numbered Note 13.
That Section 5.1 be amended so as to add at the end thereof, immediately before the period: , except as
otherwise provided in any overlay district, now existing or hereinafter adopted; so that said Section 5.1 as amended shall
read as follows: "The regulations for each district pertaining to lot area and dimensions shall be specified in this section
and set forth in the Table of Area Regulations, and shall be subject to further provisions of this section, except as
otherwise provided in any overlay district, now existing or hereinafter adopted."
That Section 7.1 (first sentence) be amended so as to add (1) after the comma that follows the third word of said
first sentence: except as otherwise provided in any overlay district, now existing or hereinafter adopted, and (2) a period
punctuation mark at the end thereof; so that said Section 7.1 as amended, shall read as follows: "In any district, except as
otherwise provided in any overlay district, now existing or hereinafter adopted, if a structure is constructed or enlarged, or
an existing use is enlarged or changed, or the dimensions of a lot are changed, off-street parking and loading spaces shall
be provided in accordance with the following Table of Off-Street Parking Standards."
That Section 7.2.6 shall be amended so as to add, following the last word in the first line:, except as otherwise
provided in any overlay district, now existing or hereinafter adopted or; so that said Section 7.2.6 as amended, shall read
as follows: "Parking spaces for one use shall not be considered as providing the required parking facilities for any other
use, except as otherwise provided in any overlay district, now existing or hereinafter adopted or except as authorized by
the board of appeals where it is clearly demonstrated that the need for parking occurs at different times."
That Section 7.2.10 shall be amended so as to add, after the comma that follows the seventh word in line 1: in
any district other than the light industry, technology business and highway business districts (which districts are
specifically excluded from application of this Section 7.2.10),: so that said Section 7.2.10 as amended, shall read as
follows: "Notwithstanding anything to the contrary herein contained, in any district other than the Light Industry,
Technology Business and Highway Business districts (which districts are specifically excluded from application of this
Section 7.2.10), contingent upon adequate space being provided and dedicated by a recordable covenant to the exclusive
use of parking, not more than thirty-three percent of the required parking space may remain undeveloped or set aside as
a green area at the sole discretion of the planning board as a part of a site plan review until such time as at its sole
discretion the planning board may require that all or part of the undeveloped parking area be surfaced and lined as
parking spaces.
(418185 Article 39)
That Section 9.2 be amended so as to eliminate all references to the "Cohasset Flood Plain and Watershed
Protection Map", substituting therefor the"Flood Insurance Rate Map" or"FIRM", and with other updates shown by the
underlining; so that Section 9.2 as amended, shall read as follows:
"9.2 LOCATION. The Flood Plain and Watershed Protection District boundaries are shown on the Flood Insurance
Rate Map (such map, hereinafter, the "FIRM"), as Zones A, AI-30, and V1-30 to indicate the 100 year flood plain. The
exact boundaries of such Flood Plain and Watershed Protection District are defined by the 100 year water surface
elevations shown on the FIRM, as further defined by the flood profiles contained in the flood insurance study dated
January 15, 1986, as revised through September 29, 1986, and entitled "Flood Insurance Study-Town of Cohasset,
Massachusetts, Norfolk County", prepared by the Federal Emergency Management Agency (hereinafter called the "Flood
Insurance Study"). The floodway boundaries are delineated on the Cohasset Flood Boundary Map ("FBFM") dated
January 15, 1986, as revised through July 2, 1992, and further defined by the floodway data tables contained in the Flood
Insurance Study. The FIRM, the FBFM, and the Flood Insurance Study are on file with the offices of the town clerk,
planning board, building inspector, and board of selectmen."
A 2/3's vote required. Motion adopted unanimously.
Article 19: Funding for Town Planner Position
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any
applicable statute (on an annual basis) an annual sum of Seventy—five Thousand Dollars ($75,000.)for the Planning and
Zoning Board to allocate and utilize for the payment of salary and general expenses for the services of the Town Planner
on a full time basis. The Town Planner may continue to function as a consultant (vs. employee)to the Town of Cohasset
on an hourly basis (not to exceed forty hours per week)for the purpose of calculating wages and benefits, or take any
other action related thereto.
MOVED that the article be indefinitely postponed.
Motion to indefinitely postpone is adopted.
Article 20: Water Commission Land Acquisition
To see if the Town will vote to authorize the Board of Water Commissioners to acquire by purchase, gift
or eminent domain the fee title or lesser interest in any or all of certain parcels of land as shown on the Cohasset Tax
Assessor's Map 72 as Parcels 1 and 2 and more particularly described in a deed recorded in the Norfolk County Registry
of Deeds at Book 10470, Page 210 for watershed protection and open space purposes, and to take any other action
relative thereto.
MOVED that the Board of Water Commissioners be hereby authorized to acquire by purchase, gift or eminent domain the
fee title or lesser interest in any or all of certain parcels of land as shown on the Cohasset Tax Assessor's Map 72 as
Parcels 1 and 2 and more particularly described in a deed recorded in the Norfolk County Registry of Deeds at Book
10470, Page 210 for watershed protection and open space purposes.
A 2/3's vote required. Motion adopted unanimously.
Article 21: Water Commission Easements
To see if the town will authorize the Board of Selectmen or Board of Water Commissioners to execute license
agreements or amend existing easements to widen the existing utility easements currently granted to National Grid
over the following parcels of land found on Cohasset Tax Assessor' s Maps 65: Parcel 2 (described by a final judgment in
a tax casing case recorded in the Norfolk County Registry of Deeds at Book 9763, Page 178) ; Parcel 8 (described by
deed recorded in the Norfolk County Registry of Deeds at Book 22592 Page 1); Parcel 9 (described by deed recorded in
the Norfolk County Registry of Deeds at Book 22591 Page 269) ; Parcel 10 (described by deed recorded in the Norfolk
County Registry of Deeds at Book 22551, Page 428); Parcel 18 (described by deed recorded in the Norfolk Registry of
Deeds at Book 21149 Page 166); and, Parcel 19 (described by deed recorded in Norfolk County Registry of Deeds at
Book 6045 Page 565) , and, if necessary to instruct the Town's representatives in the General Court be requested to
introduce legislation seeking a special act to allow for amendment of the widening of these existing easements and to take
any other action relative thereto.
MOVED that the Board of Selectmen or Board of Water Commissioners be hereby authorized to execute license
agreements or amend existing easements to widen the existing utility easements currently granted to National Grid
over the following parcels of land found on Cohasset Tax Assessor' s Maps 65: Parcel 2 (described by a final judgment in
a tax casing case recorded in the Norfolk County Registry of Deeds at Book 9763, Page 178) ; Parcel 8 (described by
deed recorded in the Norfolk County Registry of Deeds at Book 22592 Page 1); Parcel 9 (described by deed recorded in
the Norfolk County Registry of Deeds at Book 22591 Page 269) ; Parcel 10 (described by deed recorded in the Norfolk
County Registry of Deeds at Book 22551, Page 428); Parcel 18 (described by deed recorded in the Norfolk Registry of
Deeds at Book 21149 Page 166); and, Parcel 19 (described by deed recorded in Norfolk County Registry of Deeds at
Book 6045 Page 565) , and, if necessary the Town's representatives in the General Court be requested to introduce
legislation seeking a special act to allow for the widening of these existing easements.
A 2/3's vote required. Motion adopted unanimously.
Commendations offered by Frederick Koed, Chairman of the Board of Selectmen.
WHEREAS, John D. Muncey has served the Town of Cohasset and its citizens in a dedicated manner in many
capacities for over twenty-five years;
WHEREAS, John D. Muncey has served as a member of the Cohasset Housing Authority from 1981 to 2006;
WHEREAS, as a member of the Cohasset Housing Authority, John D. Muncey has worked tirelessly on behalf of those
in need of affordable housing;
WHEREAS, John D. Muncey has served as an employee of the Harbormaster Department since 2001, including the last
three years in the capacity of Acting Harbormaster;
WHEREAS, as a member of the Harbormaster Department, John D. Muncey has protected the health and safety of
commercial fishermen, pleasure boat owners, and all others utilizing Cohasset Harbor and all the waters of Cohasset;
WHEREAS, John D. Muncey is retiring from his position of Acting Harbormaster and is not seeking reelection to the
Cohasset Housing Authority.
NOW THEREFORE BE IT RESOLVED that the Citizens of Cohasset, assembled at Annual Town Meeting hereby
acknowledge and affirm their appreciation to John D. Muncey for his many years of dedicated service to the
Town of Cohasset.
GIVEN under our hands and the seal of the TOWN OF COHASSET on this first day of April in the year Two Thousand
Six.
Commendation voted unanimously.
WHEREAS, Kathleen R. Bryanton has served the Town of Cohasset and its citizens as Director of the Council on Elder
Affairs since 1985;
WHEREAS, Kathleen R. Bryanton has dedicated her career to the health and welfare of the elder population of
Cohasset;
WHEREAS, over the past twenty-one years, Kathleen R. Bryanton has provided leadership to the staff and volunteers of
the Council on Elder Affairs as they served the changing needs of Cohasset's elder population.
WHEREAS, Kathleen R. Bryanton has enjoyed an outstanding reputation among her peers across the Commonwealth
of Massachusetts for her knowledge, creativity, and dedication;
WHEREAS, Kathleen R. Bryanton is soon retiring from her position of Director of the Council on Elder Affairs:
NOW THEREFORE BE IT RESOLVED that the Citizens of Cohasset, assembled at Annual Town Meeting hereby
acknowledge and affirm their appreciation to Kathleen R. Bryanton for her many years of dedicated service to the
Town of Cohasset.
GIVEN under our hands and the seal of the TOWN OF COHASSET on this first day of April in the year Two Thousand
Six.
Commendation voted unanimously.
Article 22: Board of Health Mutual Aid Agreements
To see if the Town will vote, in accordance with General Laws. c. 40, section 4A, to authorize the Town Manager, with the
approval of the Board of Selectmen, upon recommendation of the Board of Health to enter into an Inter-Municipal
agreement with one or more other governmental units to provide public health services which the Board of Health is
authorized to perform, in accordance with an Inter-Municipal Mutual Aid Agreement to be entered into between the Town
and various governmental units, or take any other action related thereto.
MOVED that in accordance with General Laws. c. 40, section 4A, the Town Manager, with the approval of the Board of
Selectmen, upon recommendation of the Board of Health, be authorized to enter into an Inter-Municipal agreement with
one or more other governmental units to provide public health services which the Board of Health is authorized to perform,
in accordance with an Inter-Municipal Mutual Aid Agreement to be entered into between the Town and various
governmental units for a period of twenty-five years or less.
Motion adopted unanimously.
Article 23: Eminent Domain — Sassafras Rock
To see whether or not the Town will vote to authorize the Board of Selectman to acquire by purchase, gift or eminent
domain taking, conveyances by deed of real property more commonly known as Sassafras Rock and shown on Cohasset
Tax Assessor's Map 19 and to 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 spent by the Town Manager with the approval of the Board of
Selectmen to carry out this acquisition and to take any other action related thereto.
MOVED that the article be indefinitely postponed.
Motion to indefinitely postpone is adopted.
Article 24: General Bylaw— Door-to-Door Solicitation
To see if the Town will vote to amend Article VII of the Town of Cohasset Bylaws (Safety and Public Order) by adding a
new Section 16A entitled "Door to Door Solicitation"to read as follows:
DOOR TO DOOR SOLICITATION
16A.1 License Required
It shall be unlawful for any solicitor as defined in this Chapter to engage in such business within the Town without
first obtaining a license therefor in compliance with the provisions of this Chapter. The provisions of this Chapter
shall not apply to any person exempted under Chapters 100 or 101 of the General Laws.
16A.2 Definition
"Solicitor": Any person who, for himself/herself, or for any other person, firm, organization, entity, or corporation,
travels by foot, automobile or any other type of conveyance from place to place, from house to house or from
street to street, for the purpose of:
(i)taking or attempting to lease or take orders for sales of goods, wares, merchandise, or services, including
without limitation the selling, distributing, exposing for sale or soliciting orders, for magazines, books, periodicals
or other articles of a commercial nature, the contracting of all home improvements or services to be performed in
the future whether or not such person has, carries or exposes for sale a sample of the subject of such sale or
whether such person is collecting advance payment on such sale, or
(ii)soliciting contributions for or donations to any charitable or non-profit organization and who receives any
wage, salary, percentage of contribution or donation, or other remuneration with respect to such activities.
"Licensee": Any solicitor who has been issued a license in accordance with the provisions of this Chapter.
16A.3 Application
Applicants for a license shall file with the Cohasset Chief of Police, on a form issued by the Police Department, a
written application signed under penalties of perjury, containing, but not limited to, the following information:
(i) Name of applicant
(ii) Address of applicant (Local and permanent home address);
(iii) Applicant's date of birth, height, weight, eye and hair color;
(iv) Applicant's social security number;
(v) The length of time for which a license to solicit and/or canvas is desired and the dates, times and locations
where solicitation or canvassing activities are intended;
(vi) A brief description of the nature and purposes of the intended solicitation including but not limited to the type
of business and goods to be sold;
(vii) The name and address of the applicant's employer. If the applicant is self-employed, such application shall
disclose whether the applicant receives any wage, salary, percentage of contribution or donation, or any other
remuneration for solicitation activities, and shall identify by name and address the entity, organization, or
person from whom the applicant receives such remuneration;
(viii) A recent photograph of the applicant. The picture shall by supplied by the applicant and measure 2"X2",
showing the head and shoulders of the applicant in a clear and distinguishable manner;
(ix) If using a motor vehicle, the year, make, model, color, vehicle identification number., registration number,
state of registration, and vehicle owner's name and address;
At the time of filing the application, each applicant shall pay a fee of twenty-five dollars ($25).
16A.4 Investigation: Public Hearing and Issuance of License
Upon receipt of the application, the Chief of Police, or his designee, shall investigate whether the applicant has a
criminal record or has been assessed regulatory fines, penalties, or other administrative action for past soliciting
activities. After an investigation, but no later than seven (7) business days after the filing of the application, the
Chief of Police shall endorse on such application his approval or disapproval. Failure of the Police Chief to act on
said application within seven (7) business days of the applicant's filing shall constitute an approval.
If disapproved, the applicant shall have the right to appeal to the Board of Selectmen upon the filing of a request
in writing with the Board of Selectmen no later than seven (7) business days from issuance of the denial by the
Chief of Police. The Board of Selectmen must act upon the appeal at one of its next two regularly scheduled
meetings. Failure to act shall constitute an approval of the application. If the applicant is aggrieved by the
decision of the Board of Selectmen, the applicant may appeal to the Superior Court pursuant to MGL Chapter
249, section 4.
Such license when issued shall contain the signature of the Police Chief or the Board of Selectmen and shall
show the name and address of the licensee, a recent photograph of the licensee, the date of issuance, an
expiration date, and the license number.
16A.5 Licenses and Exemptions
(i) Each solicitor is required to possess an individual license. Solicitors, when engaged in the activities described
in sec. 16A.2, above, must display the identifying badge issues by the Police department. The badge shall be
worn on an outer garment or otherwise prominently displayed so as to be easily readable by any person facing
said solicitor.
(ii)Any solicitor representing any charitable, civic, or political cause or purpose who receives any wage, salary,
percentage of donation or contribution, or other remuneration, shall inform each person being solicited that the
solicitation is a "paid solicitation." Any such solicitor's license shall display prominently the words "Paid Solicitor".
(iii) No license shall be transferred.
(iv) No license shall be required for officers or employees of the Town, County, State or Federal Government
when on official business. No license shall be required for minors under the age of eighteen unless in connection
with a commercial activity. No license shall be required for any candidate for public office, or any person
representing a candidate for public office, nor shall a license be required for any person soliciting support for or
membership in any cause, political purpose or organization, or religious organization. No license shall be required
for any person soliciting for any charitable or non-profit organization unless such person meets the criteria set
forth in sec. 16A.2(ii), above.
(v)As a condition of the license, each licensee is required to report to the Cohasset Chief of Police changes to the
licensee's address or vehicle information whenever these occur but no later than the day on which the licensee
intends to engage in solicitation.
16A.6 Revocation of License
The Chief of Police and the Board of Selectmen are hereby vested with jurisdiction over the revocation of
licenses. A license issued under this Chapter may be revoked where there is a reasonable basis for concluding
that the licensee has violated any of the provisions of this Chapter, has made a false or misleading statement in
the application, has violated any other local, state, or federal law or regulation, or has engaged in conduct which
presents a danger to members of the public. Any person aggrieved by revocation may request a hearing before
the Board of Selectmen, which request must be made in writing no later than seven (7) business days from
issuance of notice of revocation, A hearing shall be scheduled for one of the next two regularly scheduled
meetings of the Board of Selectmen. Any person aggrieved by a decision of the Board of the Selectmen may
appeal to the Superior Court pursuant to MGL Chapter 249, section 4.
16A.7 Expiration of a License
Each license issued under the provisions of this section shall continue in force for a period determined by the
Chief of Police, not to exceed one year, unless sooner revoked.
16A.8 Renewal of License
A license issued under the provision of this section may be renewed by the Chief of Police upon request by the
applicant. An applicant requesting a renewal of a license must apply in person for such license renewal, and
provide such information as required by Section 3 to obtain the initial license and must pay a fee of twenty-five
dollars ($25).
16A.9 Misrepresentation
No licensee, and no person exempted from license, may misrepresent in any manner the buyer's right to cancel
as provided for in Chapters 93, 93A and 255 of the General Laws. No licensee, and no person exempted from
license, may use any play, scheme or ruse which misrepresents the true status or mission of the person making
the call in order to gain admission to a prospective buyer's home, office or other establishment for the purpose of
making a sale of goods or services or obtaining donations or contributions.
16A.10 Trespassing
It shall be unlawful for any licensee or person exempted from license to enter the premises of a person who has
displayed a "no trespassing" or"no soliciting" sign or poster. It shall be unlawful for licensees or person exempted
from license to ignore a person's no solicitation directive or to remain on private property after its owner or
occupant has indicated that the solicitor is not welcome.
16A.11 Penalty
Any person violating any provision of this section shall be subject to loss of the solicitation license and may be
arrested without a warrant and upon conviction, be punished by a fine of not less than fifty dollars ($50) nor more
than one hundred dollars ($100)for each and every offense.
MOVED that the Town vote to amend Article VII of the Town of Cohasset Bylaws (Safety and Public Order) by adding a
new Section 16A entitled "Door-to-Door Solicitation"to read as follows:
Section 16A: DOOR-TO-DOOR SOLICITATION
(a) License Requirement
It shall be unlawful for any solicitor as defined in this Bylaw to engage in such business within the Town without
first obtaining a license therefor in compliance with the provisions of this Bylaw. The provisions of this Bylaw shall
not apply to any person exempted under Chapters 100 or 101 of the Massachusetts General Laws.
(b) Definitions
"Solicitor": Any person who, for himself/herself, or for any other person, firm, organization, entity, or corporation,
travels by foot, automobile, or any other type of conveyance from place to place, from house to house, or from
street to street, for the purpose of:
(i)taking or attempting to lease or take orders for sales of goods, wares, merchandise, or services, including
without limitation the selling, distributing, exposing for sale or soliciting orders, for magazines, books, periodicals
or other articles of a commercial nature, the contracting of all home improvements or services to be performed in
the future whether or not such person has, carries, or exposes for sale a sample of the subject of such sale or
whether such person is collecting advance payment on such sale, or
(ii)soliciting contributions for or donations to any charitable or non-profit organization and who receives any
wage, salary, percentage of contribution or donation, or other remuneration with respect to such activities.
"Licensee": Any solicitor who has been issued a license in accordance with the provisions of this Bylaw.
(c) Application
Applicants for a license shall file with the Cohasset Chief of Police, on a form issued by the Police Department, a
written application signed under penalties of perjury, containing but not limited to the following information:
(i) Name of applicant;
(ii) Address of applicant (local and permanent home address);
(iii) Applicant's date of birth, height, weight, eye and hair color;
(iv) Applicant's social security number;
(v) The length of time for which a license to solicit and/or canvass is desired and the dates, times, and locations
where solicitation or canvassing activities are intended;
(vi) A brief description of the nature and purposes of the intended solicitation including but not limited to the type
of business and goods to be sold;
(vii) The name and address of the applicant's employer. If the applicant is self-employed, such application shall
disclose whether the applicant receives any wage, salary, percentage of contribution or donation, or any other
remuneration for solicitation activities, and shall identify by name and address the entity, organization, or
person from whom the applicant receives such remuneration;
(viii) A recent photograph of the applicant. The picture shall by supplied by the applicant and measure 2"X2",
showing the head and shoulders of the applicant in a clear and distinguishable manner;
(ix) If using a motor vehicle, the year, make, model, color, vehicle identification number, registration number,
state of registration, and vehicle owner's name and address;
At the time of filing the application, each applicant shall pay a fee of twenty-five dollars ($25).
(d) Investigation: Public Hearing and Issuance of License
Upon receipt of the application, the Chief of Police or his designee shall investigate whether the applicant has a
criminal record or has been assessed regulatory fines, penalties, or other administrative action for past soliciting
activities. After an investigation, but no later than seven (7) business days after the filing of the application, the
Chief of Police shall endorse on such application his approval or disapproval. Failure of the Police Chief to act on
said application within seven (7) business days of the applicant's filing shall constitute an approval.
If disapproved, the applicant shall have the right to appeal to the Board of Selectmen upon the filing of a request
in writing with the Board of Selectmen no later than seven (7) business days from issuance of the denial by the
Chief of Police. The Board of Selectmen must act upon the appeal at one of its next two regularly scheduled
meetings. Failure to act shall constitute an approval of the application. If the applicant is aggrieved by the
decision of the Board of Selectmen, the applicant may appeal to the Superior Court pursuant to MGL Chapter
249, section 4.
Such license when issued shall contain the signature of the Police Chief or the Board of Selectmen and shall
show the name and address of the licensee, a recent photograph of the licensee, the date of issuance, an
expiration date, and the license number.
(e) Licenses and Exemptions
(i) Each solicitor is required to possess an individual license. Solicitors, when engaged in the activities described
in sec. 16(b), above must display the identifying badge issued by the Police Department. The badge shall be
worn on an outer garment or otherwise prominently displayed so as to be easily readable by any person facing
said solicitor.
(ii)Any solicitor representing any charitable, civic, or political cause or purpose who receives any wage, salary,
percentage of donation or contribution, or other remuneration, shall inform each person being solicited that the
solicitation is a "paid solicitation." Any such solicitor's license shall display prominently the words "Paid Solicitor."
(iii) No license shall be transferred.
(iv) No license shall be required for officers or employees of the Town, County, State, or Federal Government
when on official business. No license shall be required for minors under the age of eighteen unless in connection
with a commercial activity. No license shall be required for any candidate for public office or any person
representing a candidate for public office, nor shall a license be required for any person soliciting support for or
membership in any cause, political purpose or organization, or religious organization. No license shall be required
for any person soliciting for any charitable or non-profit organization unless such person meets the criteria set
forth in section 16(b)(ii) above.
(v)As a condition of the license, each licensee is required to report to the Cohasset Chief of Police changes to the
licensee's address or vehicle information whenever these occur but no later than the day on which the licensee
intends to engage in solicitation.
(f) Revocation of License
The Chief of Police and the Board of Selectmen are hereby vested with jurisdiction over the revocation of
licenses. A license issued under this Bylaw may be revoked where there is a reasonable basis for concluding that
the licensee has violated any of the provisions of this Bylaw, has made a false or misleading statement in the
application, has violated any other local, state, or federal law or regulation, or has engaged in conduct which
presents a danger to members of the public. Any person aggrieved by revocation may request a hearing before
the Board of Selectmen, which request must be made in writing no later than seven (7) business days from
issuance of notice of revocation. A hearing shall be scheduled for one of the next two regularly scheduled
meetings of the Board of Selectmen. Any person aggrieved by a decision of the Board of the Selectmen may
appeal to the Superior Court pursuant to MGL Chapter 249, section 4.
(g) Expiration of a License
Each license issued under the provisions of this section shall continue in force for a period determined by the
Chief of Police, not to exceed one year, unless sooner revoked.
(h) Renewal of License
A license issued under the provision of this section may be renewed by the Chief of Police upon request by the
applicant. An applicant requesting a renewal of a license must apply in person for such license renewal, must
provide such information as required by Section 16(c)to obtain the initial license, and must pay a fee of twenty-
five dollars ($25).
(i) Misrepresentation
No licensee, and no person exempted from license, may misrepresent in any manner the buyer's right to cancel
as provided for in Chapters 93, 93A, and 255 of the Massachusetts General Laws. No licensee, and no person
exempted from license, may use any play, scheme, or ruse which misrepresents the true status or mission of the
person making the call in order to gain admission to a prospective buyer's home, office, or other establishment for
the purpose of making a sale of goods or services or obtaining donations or contributions.
0)Trespassing
It shall be unlawful for any licensee or person exempted from license to enter the premises of a person who has
displayed a "no trespassing" or"no soliciting"sign or poster. It shall be unlawful for licensees or persons
exempted from license to ignore a person's"no solicitation" directive or to remain on private property after its
owner or occupant has indicated that the solicitor is not welcome.
(k) Penalty
Any person violating any provision of this section shall be subject to loss of the solicitation license and may be
arrested without a warrant, and upon conviction be punished by a fine of not less than fifty dollars ($50) nor more
than one hundred dollars ($100)for each and every offense.
Motion adopted unanimously.
It was moved and seconded at 4:20 p.m. that this meeting stands adjourned to Saturday, April 8, 2006 for the
election of town offices.
A True Record, ATTEST:
Marion L. Douglas, Town Clerk