HomeMy WebLinkAboutMinutes - TM - 03/31/2007 INDEX ANNUAL TOWN MEETING—MARCH 31, 2007
Article# Description of Article
1. Annual town report. Adopted unanimously.
2. Reports of committees. Adopted unanimously.
3. Operating budget. Adopted.
4. Water rate increase&restructuring. Adopted.
5. Contract for water operations. Adopted unanimously.
6. Capital improvements budget. Adopted unanimously.
a. High School Window/flashing repairs
b. Middle High School Track Repairs
c. Replace 1996 Chevrolet C-30 Dump Truck
d. Construction&Demolition Scale
7. Community Preservation Committee
a. Funding of sub-accounts—Adopted unanimously.
b. Town Hall sign replacement—Adopted unanimously.
c. Maritime Museum Improvements—Adopted unanimously.
d. Land Purchase—Adopted unanimously.
e. Boat House Improvements—Adopted.
f. Town Hall Architectural Plans—Adopted unanimously.
g. Reduce borrowing Beechwood Ball field—Adopted unanimously.
h. Reduce Beechwood Ball field Debt—Adopted unanimously.
8. Unpaid bills. Indefinitely postponed.
9. Supplemental appropriations for FY 2007—Adopted unanimously.
10. Tax deferral rate of interest. Indefinitely postponed.
11. Tax exemptions. Adopted unanimously.
12. General bylaw—capital improvements. Adopted unanimously.
13. Zoning bylaw—Senior Multi-Family Residence Overlay District—55 age restriction.
Adopted unanimously.
14. Zoning bylaw—Village Business District. Adopted.
15. Zoning bylaw—Dwellings by special permit. Adopted.
16. Zoning bylaw—Amend Water Resource District Bylaw. Indefinitely postponed.
17. Legislation—sale of water. Adopted.
18. General bylaw- sale of water. Adopted.
19. Land acquisition by Water Department. Adopted
20. Affordable Housing Trust Fund. Indefinitely postponed.
21. Landfill Monitoring Services. Adopted unanimously.
22. Sewer projects—supplemental funds. Adopted.
23. Stormwater Management grant match.Adopted unanimously.
24. General bylaw—Stormwater Management. Indefinitely postponed.
25. Easements for West Corner Culvert. Adopted unanimously.
26. Funding for drainage improvements—Adopted.
Annual Town Meeting--March 31,2007
At the Annual Town Meeting held on Saturday, March 31, 2007 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 8:30 a.m. were Carol St. Pierre, Debra
Krupczak, Kathleen Rhodes, Sandra Murray and Benjamin Masotta. Tellers were appointed and sworn
in by the Moderator,Daniel Evans.
The Moderator called the meeting to order at 9:30 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 — 121 and Precinct 2— 83 for a grand
total of 204.
Members of the meeting called the pledge of allegiance. A moment of silence was observed for citizens
listed in the memoriam of the town report.
Voted unanimously to dispense with the reading of the call of the Meeting and Return of Service having
been examined by the Moderator and found to be in order.
Representative Garrett Bradley was recognized at this time.
Article 1
To act upon the reports of the various Town Officers as printed in the Annual Town Report for 2006.
Moved that the reports of the various Town Officers as printed in the Annual Town Report for 2006 be
accepted, and filed with the permanent records of the Town.
Motion adopted unanimously.
Article 2
To hear the reports of any Committee heretofore chosen and act thereon.
Moved that the article be indefinitely postponed.
Motion adopted unanimously.
Article 3
To see if the Town will vote to fix salaries and compensation of Elected Officers, and to see what sums
the Town will vote to raise and appropriate from available funds or otherwise, for the payment of the
salaries and compensation, expenses, equipment and outlays, capital and otherwise, of the several Town
Departments, for the ensuing fiscal year.
2
APPENDIX A
FISCAL 2008 OPERATING BUDGET SUMMARY
FISCAL 2005 FISCAL 2005 FISCAL 2006 FISCAL 2006 FISCAL 2007 FISCAL 2008 FISCAL 2008
DEPARTMENT APPROP EXPENDED APPROP EXPENDED APPROP REQUESTEDRECOMMEND
ADMINISTRATION
MODERATOR
PERSONAL SERVICES 573 573 573 469 573 573 573
TOTAL $573 $573 $573 $468 $573 $573 $573
SELECTMEN
PERSONAL SERVICES 5,500 5,500 5,500 5,500 5,500 5,500 5,500
General Expenses 66,012 77,150 58,500 73,602 58,800 64,050 64,050
TOTAL $71,512 $76,650 $64,300 $79,102 $64,300 $69,550 $69,550
TOWN MANAGER
PERSONAL SERVICES 105,475 99,278 115,000 115,000 120,000 125,000 125,000
TOWN HALL CLERICAL 399,263 402,778 400,148 402,734 414,940 427,031 427,031
GENERALEXPENSES 6,360 3.421 6.550 6.550 22,050 39,150 39,150
TOTAL $511,098 $505,477 $521,698 $524,284 $556,990 $591,181 $591,181
ADVISORY COMMITTEE
GENERALEXPENSES 345 0 345 160 345 345 345
RESERVE FUND 260,500 260,500 234,000 48,891 100,000 100,000 100,000
TOTAL $260,845 $260,500 $234,345 $49,051 $100,345 $100,345 $100,345
DIRECTOR OF FINANCE
PERSONAL EXPENSES 88,015 88,015 92,639 92,623 96,323 99,396 99,396
GENERALEXPENSES 40,300 39,863 29,968 30,768 28,948 31,850 31,850
TOTAL $128,315 $127,878 $121,607 $123,391 $125,271 $131,246 $131,246
BOARD OF ASSESSORS
PERSONALEXPENSES 64,020 64,020 66,830 66,830 68,724 71,675 71,675
GENERALEXPENSES 31,505 30,682 26,855 16,281 27,655 42,355 35,355
TOTAL $95,525 $94,702 $93,685 $83,111 $96,379 $114,030 $107,030
TREASURER/COLLECTOR
PERSONAL EXPENSES 63,119 63,067 60,002 60,002 62,550 64,604 64,605
GENERALEXPENSES 42,750 40,072 40,450 39,633 40,950 42,485 40,985
TOTAL $105,869 $103,139 $100,452 $99,635 $103,500 $107,089 $105,590
LEGAL SERVICES
TOWN COUNSEL 235,000 235,000 150,000 190,250 150,000 150,000 150,000
TOTAL $235,000 $235,000 $150,000 $190,250 $150,000 $150,000 $150,000
TOWN CLERK
PERSONAL SERV ICES
ELECTED 55,455 55,455 57,119 57,119 59,863 62,689 62,689
PERSONAL SERVICES 18,436 13,630 11,307 7,925 18,153 17,687 17,687
GENERALEXPENSES 13,862 12,422 8.735 8.674 11,125 10,010 10,010
TOTAL $87,753 $81,497 $77,161 $73,718 $89,141 $90,386 $90,386
CONSERVATION COMISSION
GENERALEXPENSES 27,800 27,664 37,400 30,087 37,374 37,410 31,910
TOTAL $27,800 $27,664 $37,400 $30,087 $37,374 $37,410 $31,910
3
PLANNING BOARD
PERSONAL SERVICES 30,000 26,746 10,300 10,300 0 65,000 0
GENERALEXPENSES 14,730 11,793 4,400 14,450 14,450 5,050 15,050
TOTAL $44,730 $38,539 $14,700 $14,700 $14,450 $70,050 $15,050
FISCAL 2005 FISCAL 2005 FISCAL 2006 FISCAL 2006 FISCAL 2007 FISCAL 2008 FISCAL 2008
DEPARTMENT APPROP EXPENDED APPROP EXPENDED APPROP REQUESTED RECOMMEND
ZONING BD APPEALS
GENERALEXPENSES 4.385 2.354 4.385 4.044 3.025 2.560 2.560
TOTAL $4,385 $2,354 $4,385 $4,044 $3,025 $2,560 $2,560
TOWN REPORTS
GENERALEXPENSES 16,000 14,391 15,000 14,592 15,000 15,000 15,000
TOTAL $16,000 $14,391 $15,000 $14,592 $15,000 $15,000 $15,000
PARKING CLERK
GENERALEXPENSES 2.500 790 2.000 810 1.800 1.200 1.200
TOTAL $2,500 $790 $2,000 $810 $1,800 $1,200 $1,200
UNCLASSIFIED
AUDIT OF ACCOUNTS 17,000 17,000 8,500 8,500 12,000 12,000 12,000
S.S.COALITION 4,000 4,000 4,000 4,000 4,000 4,000 4,000
WATER PURCHASE 67,000 45,364 50,000 28,252 30,000 30,000 30,000
TOTAL $88,000 $66,364 $62,500 $40,752 $46,000 $46,000 $46,000
ADMIN.TOTAL $1,679,905 $1,635,518 $1,499,806 $1,327,996 $1,404,148 $1,526,620 $1,457,621
PUBLIC SAFETY
POLICE DEPT
PERSONAL SERVICES 1,673,128 1,673,128 1,590,416 1,763,989 1,682,451 1,748,853 1,724,267
GENERALEXPENSES 103,850 88,962 101,450 90,296 95,350 110,250 108,950
CAPITAL OUTLAY 28,000 23,881 0 0 0 0 0
TOTAL $1,804,978 $1,785,971 $1,691,866 $1,854,284 $1,777,801 $1,859,103 $1,833,217
FIRE DEPT
PERSONAL SERVICES 1,558,362 1,542,992 1,572,642 1,599,683 1,643,043 1,670,400 1,668,279
GENERALEXPENSES 161,810 160,301 147,345 137,006 165,295 232,995 193,095
HYDRANT SERVICES 67,414 65,969 67,414 66,347 87,120 87,120 17,120
TOTAL $1,787,586 $1,769,262 $1,787,401 $1,793,036 $1,895,458 $1,990,515 $1,878,494
BUILDING COMMISSIONER
PERSONAL SERVICES 62,490 62,490 67,700 67,700 71,209 73,278 72,778
GENERALEXPENSES 3,955 4,686 5,400 5,056 5,250 5,250 5,250
TOTAL $66,445 $67,176 $73,100 $72,756 $76,459 $78,528 $78,028
GAS&PLUMBING INSPECTOR
GENERALEXPENSES 8,280 8,280 8,000 9,693 10,000 10,000 10,000
TOTAL $8,280 $8,280 $8,000 $9,693 $10,000 $10,000 $10,000
WEIGHTS&MEASURES
PERSONAL SERVICES 2,600 2,600 2,600 2,600 2,678 2,678 2,678
GENERALEXPENSES 450 450 450 397 450 450 0
TOTAL $3,050 $3,050 $3,050 $2,997 $3,128 $3,128 $2,678
WIRING INSPECTOR
GENERALEXPENSES 16,500 16,247 17,500 18,700 17,500 17,950 17,950
TOTAL $16,500 $16,247 $17,500 $18,700 $17,500 $17,950 $17,950
CIIVIL DEFENSE
SALARIES&EXPENSES 450 350 5,350 5,000 5,350 10,350 7,850
TOTAL $450 $350 $5,350 $5,000 $5,350 $10,350 $7,850
4
HARBORMASTER
PERSONAL SERVICES 61,153 60,479 62,589 66,487 61,623 63,008 64,435
GENEREAL EXPENSES 7,400 6,423 5,100 6,748 8,050 11,520 9,400
TOTAL $68,553 $66,902 $67,689 $73,235 $69,673 $74,528 $73,835
FISCAL 2005 FISCAL 2005 FISCAL 2006 FISCAL 2006 FISCAL 2007 FISCAL 2008 FISCAL 2008
DEPARTMENT APPROP EXPENDED APPROP EXPENDED APPROP REQUESTED RECOMMEND
SHELLFISH
PERSONAL SERVICES 500 500 500 500 500 500 500
TOTAL $500 $500 $500 $500 $500 $500 $500
PUBLIC SAFETY
TOTAL $3,756,342 $3,717,738 $3,654,456 $3,830,201 $3,855,869 $4,044,602 $3,902,552
EDUCATION
COHASSET SCHOOLS
SALARIES&EXP. 11,943,800 11,943,800 12,344,382 12,344,382 12,914,714 13,688,400 13,688,400
TOTAL $11,943,800 $11,943,800 $12,344,382 $12,344,382 $12,914,714 $13,688,400 $13,688,400
SO SHORE VOTEC
VOCATIONAL ASSES 86,998 86,998 95,770 95,770 106,910 115,000 115,000
TOTAL $86,988 $86,988 $95,770 $95,770 $105,910 $115,000 $115,000
EDUCATIONAL TOTAL
$12,030,788 $12,030,788 $12,440,152 $12,440,152 $13,020,624 $13,801,400 $13,801,400
PUBLIC WORKS
DEPT PUBLIC WORKS
PERSONAL SERVICES 694,605 669,162 700,327 700,327 718,166 736,299 736,299
GEBERAKEXOEBSES 202,667 197,134 161,715 153,163 185,395 208,770 194,400
OTHER APPROP 365,698 368,857 409,768 413,632 394,036 425,110 425,110
TOTAL $1,262,970 $1,235,153 $1,271,810 $1,267,122 $1,297,597 $1,370,179 $1,355,809
SNOW&ICE
GENERALEXPENSES 50,626 282,217 51,156 97,929 51,437 76,000 76,000
TOTAL $50,626 $282,217 $51,156 $97,929 $51,437 $76,000 $76,000
STREET LIGHTING
GENERALEXPENSES 55,890 57,919 58,000 55,978 62,000 62,000 62,000
TOTAL $55,890 $57,919 $58,000 $55,978 $62,000 $62,000 $62,000
FACILITIES MGMT
PERSONAL SERVICES 171,557 170,037 202,791 220,455 224,694 372,270 230,896
GENERALEXPENSES 255,265 321,477 243,265 276,688 297,718 485,500 391,000
TOTAL $426,822 $491,514 $445,056 $497,123 $522,412 $857,770 $621,896
PUBLIC WORKS TOTAL
$1,796,308 $2,066,803 $1,827,022 $1,918,152 $1,933,446 $2,365,949 $2,115,705
HEALTH &WELFARE
BOARD OF HEALTH
PERSONAL SERRVICES 126,274 121,527 123,527 121,939 123,102 134,285 126,785
GENERALEXPENSES 12,241 10,284 12,100 9.085 8.350 8.350 8.350
TOTAL $138,515, $131,811 $135,627 $131,024 $131,452 $142,635 $135,135
ELDER AFFAIRS
PERSONAL SERVICES 122,617 118,082 126,972 126,972 138,441 152,795 154,578
GENERALEXPENSES 36,605 39,503 31,160 31,160 42,510 40,700 39,400
TOTAL $159,222 $157,585 $158,132 $158,132 $180,951 $193,495 $193,978
VETERANS SERVICES
5
PERSONAL SERVICES 1,600 1,592 1,600 1,335 1,600 1,600 1,600
GENERALEXPENSES 1.000 0 425 0 225 225 100
TOTAL $2,600 $1,592 $2,025 $1,333 $1,825 $1,825 $1,700
FISCAL 2005 FISCAL 2005 FISCAL 2006 FISCAL 2006 FISCAL 2007 FISCAL 2008 FISCAL 2008
DEPARTMENT APPROP EXPENDED APPROP EXPENDED APPROP REQUESTED RECOMMEND
COMMISSION ON DISABILITIES
GENERALEXPENSES 100 0 100 0 100 100 0
TOTAL $100 $0 $100 $0 $100 $100 $0
HEALTH &WEL TOTAL
$300,437 $290,988 $295,884 $290,489 $314,328 $338,055 $330,813
CULTURE&RECREATION
LIBRARY SERVICES
PERSONAL SERVICES 336,878 328,838 355,683 342,679 383,401 401,039 377,199
GENERALEXPENSES 84,418 84,418 100,211 100,631 110,085 108,617 108,118
TOTAL $421,296 $413,256 $443,310 $455,894 $473,485 $509,656 $485,317
RECREATION
PERSONAL SERVICES 116,505 109,173 118,425 116,561 121,946 127,601 127,601
GENERALEXPENSES 6.380 6.115 6.380 6.380 6.380 6.680 6.680
TOTAL $122,885 $115,288 $124,805 $122,941 $128,326 $134,281 $134,281
COMMON HISTORICAL COMMISSION
GENERALEXPENSES 200 0 200 33 100 100 100
TOTAL $200 $0 $200 $33 $100 $100 $100
HISTORICAL PRESERVATION
PERSONALSERVICES 800 800 800 800 800 800 800
GENERALEXPENSES 200 0 200 0 200 200 100
TOTAL $1,000 $800 $1,000 $800 $1,000 $1,000 $900
CELEBRATIONS
GENERALEXPENSES 2,500 2,500 2,500 2,500 5,000 5,000 5,000
TOTAL $2,500 $2,500 $2,500 $2,500 $5,000 $5,000 $5,000
CULTURE&RECREATION
TOTAL $547,881 $531,844 $584,399 $569,584 $607,912 $650,037 $625,598
DEBT SERVICE
NON-EXCLUDED PRIN 1,014,301 1,014,183 1,152,935 1,106,061 1,195,005 1,327,727 1,327,727
NON-EXCLUDED INT 421,322 431,307 418,085 402,498 415,323 425,844 425,844
EXCLUDED PRIN 901,094 905,093 1,494,160 1,485,955 1,543,826 1,871,830 1,871,830
EXCLUDED INT 1,465,446 1,461,447 1,722,110 1,722,110 1,388,817 1,171,128 1,171,128
DEBT SERVICE
TOTAL $3,802,163 $3,802,030 $4,787,290 $4,716,624 $4,542,971 $4,796,529 $4,796,529
BENEFITS& INSURANCE
PENSIONS
COUNTY ASSESSMENT 843,884 847,284 983,173 983,133 1,105,000 1,126,111 1,126,111
NON-CONTRIBUTORY 3,400 0 0 0 0 0 0
TOTAL $847,284 $847,284 $983,173 $983,133 $1,105,000 $1,126,111 $1,126,111
WORKER'S COMPENSATION
GENERALEXPENSES 105,000 69,789 70,000 67,386 80,000 92,000 92,000
TOTAL $105,000 $69,789 $70,000 $67,386 $80,000 $92,000 $92,000
6
UNEMPLOYMENT
GENERAL EXPENSES 5,000 18,980 35,000 36,275 20,000 20,000 20,000
TOTAL $5,000 $18,980 $35,000 $36,275 $20,000 $20,000 $20,000
FISCAL 2005 FISCAL 2005 FISCAL 2006 FISCAL 2006 FISCAL 2007 FISCAL 2008 FISCAL 2008
DEPARTMENT APPROP EXPENDED APPROP EXPENDED APPROP REQUESTED RECOMMEND
HEALTH INSURANCE
GENERAL EXPENSES 1,872,901 1,800,271 1,966,000 1,908,878 2,207,920 2,500,000 2,500,000
TOTAL $1,872,901 $1,800,271 $1,966,000 $1,908,878 $2,207,920 $2,500,000 $2,500,000
LIFE INSURANCE
GENERAL EXPENSES 6.760 7,691 8.000 6,149 9.000 11,000 11,000
TOTAL $6,760 $7,691 $8,000 $6,149 $9,000 $11,000 $11,000
MEDICARE
GENERAL EXPENSES 175,000 174,750 190,000 181,721 200,000 206,000 206,000
TOTAL $175,000 $174,750 $190,000 $181,721 $200,000 $206,000 $206,000
PROPERTY&LIABILITY INSURANCE
GENERAL EXPENSES 230,000 231,881 202,500 189,043 218,000 236,200 236,200
TOTAL $230,000 $231,881 $202,500 $189,043 $218,000 $236,000 $236,200
BENEFITS&INSURANCE
TOTAL $3,241,945 $3,150,646 $3,454,673 $3,372,585 $3,839,920 $4,191,311 $4,191,311
ENTERPRISE FUNDS
CENTRAL COHASSET SEWER
GENERAL EXPENSES 487,280 521,380 500,166 520,206 538,706 624,897 624,897
DEPRECIATION/CAPITAL 99,292 35,320 57,292 82,292 82,292 144,253 144,253
INDIRECT EXPENSES 46,409 46,409 52,730 54,312 54,312 22,536 22,536
TOTAL $656,130 $627,258 $657,608 $676,947 $733,860 $851,823 $851,823
NORTH COHASSET SEWER
GENERAL EXPENSES 141,681 192,579 143,874 149,390 155,640 179,210 179,210
DEPRECIATION/CAPITAL 58,333 58,333 54,333 52,750 52,750 71,362 71,362
INDIRECT EXPENSES 15,534 15,534 19,500 20,085 20,085 20,689 20,689
DEBT SERVICE 24,140 24,149 47,420 20,137 58,550 60,137 60,137
TOTAL $215,548 $266,446 $217,707 $222,225 $228,475 $271,260 $271,260
WATER ENTERPRISE FUND
GENERAL EXPENSES 888,100 742,813 1,068,320 1,189,600 1,189,600 1,207,600 1,207,600
OTHER APPROP 31,296 20,477 31,296 32,000 32,000 32,000 32,000
CAPITAL OUTLAY 100,000 0 100,000 0 0 0 0
DEBTSERV-PRINC 663,160 681,935 708,531 777,159 777,159 852,000 852,000
DEBT SERV-INTEREST 406,279 387,341 446,331 695,391 695,391 904,000 904,000
TOTAL $2,088,835 $1,832,566 $2,355,478 $2,694,150 $2,693,150 $2,995,600 $2,995,600
ENTERPRISE TOTAL $2,960,513 $2,726,270 $3,230,793 $3,593,322 $3,655,485 $4,118,683 $4,118,683
GRAND TOTAL $30,116,282 $29,952,625 $31,774,475 $32,059,105 $33,174,703 $35,833,187 $35,340,212
7
APPENDIX B
SALARIES AND RATE SCHEDULE - FISCAL YEAR 2008-3%
Grade Step 1st 2nd 3rd 4th 5th 6th 7th
A Hourly 10.46 11.05 11.65 12.25 12.84 13.45 14.06
35 Hrs. 366.10 386.75 407.75 428.75 449.40 470.75 492.10
40 Hrs. 418.40 442.00 466.00 490.00 513.60 538.00 562.40
B Hourly 11.30 11.95 12.60 13.24 13.84 14.49 15.15
35 Hrs. 395.50 418.25 441.00 463.40 484.40 507.15 530.25
40 Hrs. 452.00 478.00 504.00 529.60 553.60 579.60 606.00
C Hourly 12.24 12.89 13.57 14.24 14.96 15.69 16.39
35 Hrs. 428.40 451.15 474.95 498.40 523.60 549.15 573.65
40 Hrs. 489.60 515.60 542.80 569.60 598.40 627.40 655.60
D Hourly 13.18 13.96 14.67 15.44 16.20 16.94 17.71
35 Hrs. 461.30 488.60 513.45 540.40 567.00 592.90 619.85
40 Hrs. 527.20 558.40 586.80 617.60 648.00 677.80 708.40
E Hourly 14.22 15.07 15.84 16.66 17.47 18.30 19.12
35 Hrs. 497.70 527.45 554.40 583.10 611.45 640.50 669.20
40 Hrs. 568.80 602.80 63360 666.40 698.80 732.00 764.80
F Hourly 15.36 16.257 17.10 17.94 18.86 19.75 20.63
35 Hrs. 537.60 568.75 598.50 627.90 660.10 691.25 722.05
40 Hrs. 614.40 650.00 684.00 717.60 754.40 790.00 825.20
G Hourly 16.61 17.53 18.49 19.43 20.37 21.27 22.24
35 Hrs. 581.35 613.55 647.15 680.05 712.95 744.45 778.40
40 Hrs. 664.40 701.20 739.60 777.20 814.80 850.80 889.60
H Hourly 17.92 18.94 19.96 21.00 21.99 23.00 24.04
35 Hrs. 627.20 662.90 698.60 735.00 769.65 805.00 841.40
40 Hrs. 716.80 757.60 798.40 840.00 879.60 920.00 961.60
1 Hourly 19.37 20.45 21.56 22.65 23.75 24.85 25.97
35 Hrs. 677.95 715.75 754.60 792.75 831.25 869.75 908.95
40 Hrs. 774.80 818.00 862.40 906.00 950.00 994.00 1,038.80
J Hourly 20.90 22.06 23.26 24.42 25.68 26.86 28.07
35 Hrs. 731.50 772.10 814.10 854.70 898.80 940.10 982.45
40 Hrs. 836.00 882.40 930.40 976.80 1,027.20 1,074.40 1,122.80
K Hourly 22.59 23.83 25.16 26.42 27.70 28.99 30.30
35 Hrs. 790.65 834.05 880.60 924.70 969.50 1,014.65 1,060.50
40 Hrs. 903.60 953.20 1,006.40 1,056.80 1,108.00 1,159.60 1,212.00
8
L Hourly 24.40 25.80 27.19 28.58 29.95 31.31 32.70
35 Hrs. 854.00 903.00 951.65 1,000.30 1,048.25 1,095.85 1,144.50
40 Hrs. 976.00 1,032.00 1,087.60 1,143.20 1,198.00 1,252.40 1,308.00
M Hourly 26.38 27.82 29.32 30.83 32.33 33.84 35.36
35 Hrs. 923.30 973.70 1,026.20 1,079.05 1,131.55 1,184.40 1,237.60
40 Hrs. 1,055.20 1,112.80 1,172.80 1,233.20 1,293.20 1,353.60 1,414.40
N Hourly 28.44 30.06 31.68 33.26 34.90 36.51 38.16
35 Hrs. 995.40 1,052.10 1,108.80 1,164.10 1,221.50 1,277.85 1,335.60
40 Hrs. 1,137.60 1,202.40 1,267.20 1,330.40 1,396.00 1,460.40 1,526.40
O Hourly 30.74 32.47 34.24 36.00 37.73 39.46 41.23
35 Hrs. 1,075.90 1,136.45 1,198.40 1,260.00 1,320.55 1,381.10 1,443.05
40 Hrs. 1,229.60 1,298.80 1,369.60 1,440.00 1,509.20 1,578.40 1,649.20
9
APPENDIX B
PAY POSITIONS
DEPARTMENTIPOSITION GROUP AUTHORIZED HOURS
Schedule 1 -Regular Employees
Board of Assessors
Deputy Assessor/Appraiser Contract 1 40
Assistant Assessor H 1 35
Administrative Assistant G 1 35
Building Department
Building Commissioner/Zoning Officer Contract 1 40
Clerk D 1 5
Civilian Dispatch
Communications Supervisor H 1 40
Communications Officer G 1 40
Communications Officer F 3 40
Communications Officer F 1 16
Elder Affairs
Director Contract 1 40
Elder Advocate 1 1 28
Volunteer Coordinator G 1 19
Clerk G 1 19
Van Driver F 1 10
Van Driver F 1 19
Facilities
Director Contract 1 40
Maintenance Worker G 2 40
Maintenance Worker F 1 40
Fire Department
Fire Chief Contract 1 40
Captain FS-13 4 42
Lieutenant FS-12 4 42
Firefighter-Paramedic FS-11 10 42
Firefighter-EMT FS-10 3 42
Firefighter-Mechanic FS-10 1 42
Private FS-9 1 42
Harbor Department
Harbormaster Contract 1 40
Board of Health
Health Agent Contract 1 10
Administrator Contract 1 40
Public Health Nurse Contract 1 30
10
APPENDIX B
PAY POSITIONS
DEPARTMENT/POSITION GROUP AUTHORIZED HOURS
Library
Chief Librarian Contract 1 40
Staff Librarian 1 35
Staff Librarian 1 31
Library Assistant 1 37.5
Library Assistant 1 35
Library Technician 1 26
Library Technician 1 24
Library Technician 2 22
Administrative Assistant 1 9
Planning Board
Administrative Assistant G 1 35
Police Department
Police Chief Contract 1 40
Sergeant PS-11 5 37.5
Patrolman PS-09 13 37.5
Secretary G 1 40
Department of Public Works
Superintendent Contract 1 40
General Foreman K 1 40
Working Foreman 1 3 40
Heavy Equipment Operator G 4 40
Skilled Utility Worker F 3 40
Tree Climber F 1 40
Skilled Utility Worker-Cemetery F 1 40
Clerk G 1 30
Recreation
Director Contract 1 40
Board of Selectmen
Administrative Assistant 1 1 40
Secretary F 1 27
Director of Finance/Town Accountant
Director of Finance/Town Accountant Contract 1 40
Assistant Town Accountant G 1 25
Town Clerk
Assistant Town Clerk G 1 40
Town Manager
Town Manager Contract 1 40
11
APPENDIX B
PAY POSITIONS
GROUP AUTHORIZED HOURS
Treasurer/Collector
Treasurer/Collector Contract 1 40
Assistant Treasurer/Collector H 1 40
Assistant to Treasurer G 1 35
Elected Employees Salaries
Town Clerk $62,689
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
Part Time Positions Annual
Veterans'Agent 1,600
Member, Board of Registrars 326
Sealer of Weights and Measurers 2,678
Town Archivist 600
Director of Emergency Management 350
Assistant Director of Emergency Management 100
Shellfish Constable 500
Animal Control Officer 16,807
Keeper of the Town Clock 100
Keeper of the Town Pump 100
Part Time Positions Hourly Rates
Assistant Harbor Master 12.00
Casual Labor 7.00
Election Officers 12.00
Election Clerk 12.00
Election Warden 12.00
Permanent Intermittant Officers 16.00
Summer Patrolman 14.00
Police Matron 13.00
Deputy Building Inspector(H-Min) 16.89
Library Pages 8.00
Recording Secretary 12.07
Part Time Positions
Constable-Per Notice 20.00
12
Moved that Thirty Five Million Three Hundred Forty Thousand Two Hundred and Twelve Dollars
($35,340,212) be appropriated for the Fiscal Year 2008 Annual Town Budget to be allotted as follows:
$72,219 for salaries of elected Town Officials consisting of the Town Clerk $62,689; 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 $34,267,993 for Personal Services, Expenses and Capital Outlays, interest on Maturing Debt
and other charges for various departments as recommended for purposes set forth in Appendix A as
attached to these Town Manager's Recommended Motions for the 2007 Annual Town Meeting and
Appendix B of the Warrant for the 2007 Annual Town Warrant, a copy of which Appendices are
incorporated here by reference, and to meet the appropriation,the following transfers are made:
$2,995,600 from Water Revenue
$1,123,083 from Sewer Revenue
$ 300,000 from Free Cash(Surplus Revenue)
$ 75,000 from Overlay Surplus
$ 101,377 from School Construction Surplus Fund
$ 17,500 from Sewer Stabilization Fund
$ 60,000 from Pension Reserve
$ 11,645 from Waterways Fund
$ 10,000 from Wetlands Fund
$ 40,000 from Sale of Burial Lots
And$30,491,497 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.
A 2/3's vote required
Motion adopted by the required 2/3's.
Article 4: Water Rate Increase&Restructuring
To see if the Town will vote to amend the current schedule of water rates by adopting the following new
schedule of Rate#1,Metered Residential and Non Residential Water Rates,to take effect April 15,2007:
RATE#1 (Metered Residential and Non Residential)
Size of Meter Charge per quarter plus charge per 100 cubic feet(cf)per quarter
no multiplier
lst Step 2nd Step
0-2,000 2,001 or more
cf/quarter cf/quarter
5/8" $ 37.85 $5.16 $10.32
3/4" $ 37.85 $5.16 $10.32
F, $ 88.74 $5.16 $10.32
11/2" $ 173.65 $5.16 $10.32
2" $ 275.36 $5.16 $10.32
3" $ 545.50 $5.16 $10.32
4" $ 802.60 $5.16 $10.32
6" $ 2,000.00 $5.16 $10.32
13
Stand-By Fire Service:
5/8" $15.00 per quarter
3/4" $15.00 per quarter
1"or larger $40.00 per quarter
and further to see if the Town will amend the current schedule of water rates by deleting"RATE 2 Public
Fire Protection Charge per Hydrant Per unit per year $375.00";
and further to see if the Town will amend the current schedule of water rates by adopting a new schedule
of RATE 3 Private Fire Protection Charge Per Hydrant to take effect April 15,2007
"RATE 3 Private Fire Protection Charge Per Hydrant
Size of Connection Annual Charge
4"or less $207.00
6" $600.00
8" $1,280
10" $2,300
12" $3,700
Moved that the current schedule of water rates be amended by approving the following new schedule of
Rate #1, Metered Residential and Non Residential Water Rates, to take effect April 15, 2007 as voted by
the Water Commissioners, and adopting same, as follows:
RATE#1 (Metered Residential and Non Residential)
Size of Meter Charge per quarter plus charge per 100 cubic feet(cf)per quarter
no multiplier
lst Step 2nd Step
0-2,000 2,001 or more
cf/quarter cf/quarter
5/8" $ 37.85 $5.16 $10.32
3/4" $ 37.85 $5.16 $10.32
1" $ 88.74 $5.16 $10.32
11/2" $ 173.65 $5.16 $10.32
2" $ 275.36 $5.16 $10.32
3" $ 545.50 $5.16 $10.32
4" $ 802.60 $5.16 $10.32
6" $ 2,000.00 $5.16 $10.32
Stand-By Fire Service:
5/8" $15.00 per quarter
3/4" $15.00 per quarter
1"or larger $40.00 per quarter
and further that the current schedule of water rates be amended by deleting "RATE 2 Public Fire
Protection Charge per Hydrant Per unit per year $375.00";
14
and further that the current schedule of water rates be amended by adopting a new schedule of RATE 3
Private Fire Protection Charge Per Hydrant to take effect April 15,2007
"RATE 3 Private Fire Protection Charge Per Hydrant
Size of Connection Annual Charge
4"or less $207.00
6" $600.00
8" $1,280
10" $2,300
12" $3,700
Hand count taken; Yes 83: No 57. Motion adopted.
Article 5: Term of Contract for Water Operations
To see if the Town will vote to authorize the Board of Water Commissioners to award a contract in Fiscal
Year 2007 for the operation, maintenance, and management of the water department treatment, storage,
and distribution facilities for a term which may exceed three years, including any renewal, extension, or
option, pursuant to the provisions of Section 12(b) of Massachusetts General Laws Chapter 30B, the
Uniform Procurement Act.
Moved that the Board of Water Commissioners be authorized to award a contract in Fiscal Year 2007 for
the operation, maintenance, and management of the water department treatment, storage, and distribution
facilities for a term which may exceed three years, including any renewal, extension, or option, pursuant
to the provisions of Section 12(b) of G. L. Chapter 30B, provided however, that such term shall not
exceed five years, with two additional five year renewal periods, at the option of the Water
Commission,for a total of 15 years if options are utilized.
Motion adopted unanimously.
Article 6: Capital Improvements Budget
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to
any applicable statute, a sum of money to fund various capital improvements, capital projects and/or
capital equipment for the various departments,boards,commissions and agencies of the town.
Moved that One Hundred Fifty Five Thousand Dollars($155,000)be transferred from Free Cash(Surplus
Revenue) to be expended by the Town Manager for purpose of funding various capital improvements,
capital projects and/or capital equipment for the various departments, boards, commissions and agencies
of the town as set forth below;:
Department Description Amount
Facilities Management High School Window/Flashing Repairs $54,000
Facilities Management Middle High School Track Repairs $ 5,000
Public Works Replace 1995 Chevrolet c-30 Dump Truck $66,000
Public Works Construction&Demolition Scale $30,000
Motion adopted unanimously.
15
Article 7: Community Preservation Committee
To see if the Town will vote to adopt and approve the recommendations of the Community Preservation
Committee for Fiscal Year 2008, 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 name of the Town, or enforceable by the Town, including real property interests in the
form of permanent affordable housing restrictions and historical preservation restrictions that will meet
the requirements of Chapter 184 of the General Laws, as may be necessary or proper to carry out the
foregoing.
Moved that the recommendations of the Community Preservation Committee for Fiscal 2008 be accepted
and approved as follows:
Recommendation A:
Moved that Fiscal Year 2008 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%) $ 49,500
Open Space Sub Account (10%) $ 49,500
Community Housing Sub Account (10%) 49,500
Total Budget $148,500
Motion adopted unanimously.
Recommendation B:
Moved that Four Thousand One Hundred Twenty Dollars ($4,120) be transferred from the Community
Preservation Fund Historical Resources Sub Account with the intention that these funds be available in
Fiscal 2008 and thereafter, which funds are to be expended by the Town Manager for the purposes of
replacing the painted sign above the front doors of the antique portion of Town Hall.
Motion adopted unanimously.
Recommendation C:
Moved that Twenty Thousand Dollars ($20,000) be transferred from the Community Preservation Fund
Discretionary Sub Account with the intention that these funds be available in Fiscal 2008 and thereafter,
which funds are to be expended by the Town Manager for the purposes of rehabilitation and restoration of
approximately 1.7 acres of Town-owned open space salt marsh between Government Island and Parker
Avenue (Assessors Map 37, Plot 11) and indirect benefits to the much larger upstream open space marsh,
pond and mud flat system by paying for a feasibility study, engineering work, and permitting to
reestablish and increase tidal flow between the Gulf River and The Harbor through the enlargement of the
Border Ave culvert. The purpose of this project is to reduce habitat fragmentation, restore hydraulic
connectivity, and improve ecological/habitat integrity to a vital coastal estuarine ecosystem.
Notwithstanding the above, the Harbor Health Committee and or the Conservation Commission must,
prior to December 31, 2008, demonstrate to the Town Manager's satisfaction, that it has raised all
additional money necessary for completing the feasibility study, necessary engineering work, and
permitting. If the Harbor Health Committee and/or the Conservation Commission fail to receive the Town
16
Manager's endorsement that all such funds are in place by that date, then this appropriation shall expire
and the money appropriated herein will return to the Community Preservation Fund Discretionary Sub
Account.
Motion adopted unanimously.
Recommendation D:
Moved that Forty-Five Thousand Eight Hundred Eighty Dollars ($45,880) be transferred from the
Community Preservation Fund Historical Resources Sub Account and Twenty Four Thousand Two
Hundred Forty Five Dollars ($24,245) be transferred from the Community Preservation Fund
Discretionary Sub Account, for a total of Seventy Thousand One Hundred Twenty Five
Dollars ($70,125)with the intention that these funds be available in FY 2008 and thereafter,which funds
are to be expended by the Town Manager, for the purposes of rehabilitation of the Cohasset Historical
Society's Maritime Museum to rehabilitate the roof, construct emergency access, rehabilitate the
walkways and steps, and remove a tree stump. In addition these money may be spent to restore and
preserve the Historical Society's archives including paintings and slides 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. The
Historical Society must obtain the consent of the Community Preservation Committee before performing
any of the work and/or contracting for services. All work to Maritime Museum must comply with the
requirements of the Community Preservation Act (G. L. ch. 44B, section 2 "rehabilitation" or any other
applicable law).
A 2/3 vote required. Motion adopted unanimously.
Recommendation E:
Moved that Forty Thousand Dollars ($40,000) be transferred from the Community Preservation Fund
Discretionary Sub Account, with the intention that these funds be available in FY 2008 and thereafter,
which funds are to be expended by the Town Manager to pay for the acquisition of approximately one
acre of land set forth hereafter, and further the Board of Selectmen is hereby authorized to acquire by
purchase or gift or eminent domain a certain parcel of land found on Assessor's Map 46, Parcel 1
(described by deed recorded in Norfolk County Registry of Deeds in Book 12659 at Page 86);
specifically, the land located in approximately the northeast corner of said lot, which abuts Beechwood
Street. Said property is to be acquired in fee simple title for open space and recreation purposes. This
appropriation may also be used to construct a parking lot on this property. This appropriation shall not
take effect unless or until the Cohasset Land Foundation acquires the parcel from its current owner.
A 2/3 vote required. Motion adopted unanimously.
Recommendation F:
Moved that Fifty Thousand Dollars ($50,000) be transferred from the Community Preservation Fund
Discretionary Sub Account, with the intention that these funds be available in FY 2008 and thereafter,
which funds are to be expended by the Town Manager, for the purposes of performing restorative work to
the 156 year old Boathouse located at 40 Parker Avenue, and as listed with the Massachusetts Historical
Commission, which is owned by the Town and leased to the Cohasset Maritime Institute; specifically, to
rehabilitate the roof, install insulation, make the building weather tight, install new windows, update the
17
electrical system, and hire an historical preservation architect.And further,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. The project will be supervised by the Town Manager. The
Cohasset Maritime Institute must receive the Town Manager's pre-approval before performing any work
item and/or entering into any contract(s) for the work. Invoices for all work performed shall be submitted
to the Town Manager for his approval and subject to his inspection (or that of his agents) of the work
performed. All work to the Boathouse must comply with the requirements of the Community
Preservation Act(G. L. ch. 44B, section 2 "rehabilitation" or any other applicable law).
A 2/3 vote required. Motion adopted by the required 2/3's.
Recommendation G:
Moved that Thirty Five Thousand Dollars ($35,000) be transferred from the Community Preservation
Fund Discretionary Sub Account, with the intention that these funds be available in FY 2008 and
thereafter, which funds are to be expended by the Town Manager, for the purposes of retaining a
historical preservation architect and such engineers as are necessary to prepare drawings and plans
necessary for a comprehensive restoration and rehabilitation of the antique portion of Town Hall.
Motion adopted unanimously.
Recommendation H:
Moved that, without changing the total dollar amount appropriated, the source of funds to meet the
appropriation voted in Recommendation B of Art 4 of the November 13, 2006 Special Town Meeting be
hereby amended to reduce the borrowing which was voted by the town from $150,000 to $50,000 as a
source of funds, and in place thereof, One Hundred Thousand Dollars ($100,000) be hereby appropriated
to this purpose as a source of funds, and to meet this appropriation, One Hundred Thousand Dollars
($100,000) be hereby transferred from the Community Preservation Fund Discretionary Sub Account to
this purpose,with the intention that these funds be available in FY 2007 and thereafter,to be expended by
the Town Manager in accordance with the vote pursuant to Recommendation B of the Art 4 of the
November 13,2006 Special Town Meeting.
Motion adopted unanimously.
Recommendation I:
Moved that One Hundred Fourteen Thousand Five Hundred Ten Dollars ($114,510) be transferred from
the Community Preservation Fund Discretionary Sub Account to be expended by the Town Manager for
payment of debt service for the project approved under Article 4 (Recommendation B) of the November
2006 special town meeting (Beechwood Street Ball Field) and for the project approved under Article 12
(Recommendation E) of the 2004 annual town meeting(open space land acquisition).
Motion adopted unanimously.
18
Commendation offered by Robert Spofford, Vice-Chairman of the Board of Selectmen for Roger
Lincoln.
WHEREAS, Fire Chief Roger W. Lincoln did retire on October 29, 2006, completing a career that
spanned over 37 years, a tenure that has been marked with distinction from the day he joined the
Department on April 14, 1969 through his promotions to Captain in 1976 and Chief in 1983; and
WHEREAS, Chief Lincoln's capabilities and dedication to his community have repeatedly been relied
upon and recognized by his colleagues; and
WHEREAS, through his exemplary commitment to public safety, Chief Lincoln has served as an
inspiration to over a generation of firefighters, while simultaneously personifying selflessness,
commitment, and the highest of professional ideals; and
WHEREAS, Chief Lincoln's skill in the administration of his Department has only been surpassed by
his devotion to the residents of Cohasset; and
WHREEAS, Chief Lincoln's lifetime of dedication and professionalism has improved the lives of
countless individuals and families;
NOW, THEREFORE BE IT RESOLVED, that the Citizens of Cohasset, assembled at Annual
Town Meeting, on this thirty-first day of March in the year two thousand and seven, hereby
acknowledge and affirm their appreciation to Fire Chief Roger W. Lincoln for this thirty-seven
years of dedicated service to the Town and bestows its highest commendation and sincerest wishes
for a healthful and happy retirement.
GIVEN under our hands and the seal of the TOWN OF COHASSET ON THIS THIRTY-FIRST DAY
OF March in the year two thousand and seven.
Commendation adopted unanimously.
Article 8: 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.
Moved that this article be indefinitely postponed.
Motion adopted unanimously.
Article 9: Supplemental Appropriations for Fiscal 2007
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 30,2007.
Moved that Sixty Thousand Dollars ($60,000), be hereby transferred to the Fiscal 2007 budgetary items
set forth below amending the amounts appropriated by the Town pursuant to Article 3 of the 2006 Annual
Town Meeting (which appropriations may have been amended at the November 13, 2006 Special Town
19
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 30,2007,
as follows.
Transfer Funds to:
Legal Services Budget $ 60,000 Legal Services
--------------------------------------------------------------------------------------------------------------
TOTAL AMOUNT TRANSFERRED $ 60,000
And to fund this transfer, Sixty Thousand Dollars ($60,000)be transferred from Free Cash.
Motion adopted unanimously.
Commendation offered by Ralph Dormitzer, Chairman of the Board of Selectmen for Robert
Spofford.
WHEREAS, since Rob Spofford has lived in Cohasset, he has had strong ongoing interest in the public
affairs in the Town of Cohasset;
WHEREAS, Rob Spofford was appointed in 1995 to the School Building and Facilities Committee and
has served for eight years on the Committee, including service as Chairman; and
WHEREAS, during Rob Spofford's tenure on the School Building and Facilities Committee, the
Committee was responsible for overseeing the construction of the Deer Hill School and renovation of the
Middle/High School and Osgood School, and through Robert Spofford's leadership those projects were
completed on time and within budget; and
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 for Commendation to
Rob Spofford:
NOW THEREFORE BE IT RESOVED that the Citizens of Cohasset, assembled at Annual Town
Meeting hereby acknowledge and affirm their appreciation to Selecman Rob Spofford 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 thirty first day of March in
the year Two Thousand Seven.
Commendation voted unanimously.
Article 10: Rate of Interest for Tax Deferrals:
To see if the Town will vote to set the rate of interest that accrues on property taxes deferred by eligible
seniors under G.L. c. 59 §5, Clause 41A at 4%, with such rate to apply to taxes assessed for any fiscal
year beginning on or after July 1,2007.
Moved that this article be indefinitely postponed.
20
Motion adopted unanimously.
Article 11: 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, 41B, 41C, 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 4 1 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 41C of Section 5 of Chapter 59 of the
Massachusetts General Laws.
Moved that Section 4 of Chapter 73 of the Acts of 1986 be accepted to grant an additional real estate tax
exemption of not more than one hundred percent(100%) for the fiscal year beginning July 1, 2007. Such
additional exemption may be granted to persons who qualify for property tax exemptions under clauses
17, 17C %2, 17D, 22, 22A, 22B, 22C,22D, 22E, 37, 37A,41,41B, 41C,42 and 43 of Section 5 of Chapter
59 of the Massachusetts General Laws and further that the town 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 41C of Section 5 of Chapter
59 of the Massachusetts General Laws.
Motion adopted unanimously.
Article 12: Capital Improvements Bylaw
To see if the Town will vote to amend Article V, Section 3 of the Town of Cohasset Bylaws (Capital
Budget Committee)by striking paragraph(c)in its entirety and substituting therefore the following:
"(c) The Capital Budget Committee shall be an advisory body to the Town Manager, Board of Selectman,
Advisory Committee and Town Meeting. The committee is charged with the review, evaluation and
recommendation on any town meeting article intended to materially alter the enduring value of the town's
asset base or capital structure. The committee shall review, evaluate and make recommendations thereto
for any town meeting article which meets one or more of the following criteria:
(i) Acquisition of land or buildings;
(ii) New construction, reconstruction, repair,replacement or improvement of buildings, land,utilities
or other public facilities, waterways and access thereto, drainage, streets, sidewalks, parks with a cost
of greater than$10,000.
(iii) The purchase of major equipment, including motor vehicles, office equipment or other items,
which meet both of the following requirements: has an intended useful life of greater than 30 months
and an acquisition cost of greater than$10,000.
(iv) Planning services, design services, or feasibility studies for any capital project as defined in
this Bylaw.
Moved that Article V, Section 3 of the Town of Cohasset Bylaws (Capital Budget Committee) be
amended by striking paragraph(c) in its entirety and substituting therefore the following:
21
"(c) The Capital Budget Committee shall be an advisory body to the Town Manager, Board of Selectmen,
Advisory Committee, and Town Meeting. The Committee is charged with the review, evaluation, and
recommendation of any Town Meeting article intended to materially alter the enduring value of the
Town's asset base or capital structure. The Committee shall review, evaluate, and make
recommendations thereto for any Town Meeting article which meets one or more of the following
criteria:
(i) Acquisition of land or buildings;
(ii) New construction,reconstruction,repair,replacement, or improvement of buildings, land,
utilities,or other public facilities,waterways, and access thereto,drainage, streets,
sidewalks, and parks,with a cost greater than ten thousand dollars($10,000);
(iii) The purchase of major equipment,including motor vehicles, office equipment, or other
items,that has an intended useful life of greater than thirty(30)months and an
acquisition cost of greater than ten thousand dollars($10,000);
(iv) Planning services, design services,or feasibility studies for any capital project as defined
in this Bylaw;
Motion adopted unanimously.
Commendation offered by Merle Brown, Chairman of the Board of Selectmen for Donna McGee.
WHEREAS, since Donna McGee has lived in Cohasset, she has had strong ongoing interest in the
public affairs in the Town of Cohasset;
WHEREAS, Donna McGee was appointed in 1976 to the Committee to Study Town Government
Structure and has served for eight years on the Committee; and
WHEREAS, during Donna McGee's tenure on the Committee to Study Town Government Structure,
the Committee brought forward many recommendations to improve the effectiveness of Cohasset town
government; and
WHEREAS, Donna McGee was appointed to the Advisory Committee in 2001 and has been a
dedicated member for the past six years, including two years as Chairman; and
WHEREAS such dedication and service to the Town can not come without great sacrifice to personal
matters and family life; and
WHEREAS, the Board of Selectmen now recommends this Unanimous Motion for Commendation to
Donna McGee
NOW THEREFORE BE IT RESOVED that the Citizens of Cohasset, assembled at Annual Town
Meeting hereby acknowledge and affirm their appreciation to Donna McGee 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 thirty first day of March in
the year Two Thousand Seven.
Commendation voted unanimously.
22
Article 13: Zoning Bylaw Amendment— Senior Multi-Family Residence Overlay District Over 55
Age Restriction
To see if the Town will vote to modify the Senior Multi-Family Residence Overlay District Zoning
Bylaw 16.10.4 to read as follows:
The Planning Board shall approve the form or forms of ownership and management controls and/or
restrictions which limit the occupancy of units in a SMROD to residents who have attained the age of
fifty-five years and, where appropriate, to persons or families qualifying as low, moderate or median
income, which controls and/or restrictions may be altered from time to time during the useful life of the
development so long as the age-restricted and/or income limitation is not altered and so long as no
temporary or permanent overnight occupancy for a period in excess of six months in a nine month period
by any person who has not attained the age of 55 years, related or not, is permitted. The spouse of a
qualified resident who has attained the age of 55 years shall be exempt from the age-restriction limitation
hereby imposed. All units shall be subject to restrictive covenants mandating said restriction, approved as
to form by the Planning Board, recorded within the chain of title,which, in addition to the enforcement of
any conditions of a special permit issued hereunder by the Building Inspector, shall be directly
enforceable by a Homeowners Association comprised of the owners of the units within the SMROD.
Moved that Section 16.10.4 of the Zoning Bylaws, Senior Multi-family Overlay District, Uses, be
amended to read as follows:
The Planning Board shall approve the form or forms of ownership and management controls and/or
restrictions which limit the occupancy of units in a SMROD to residents who have attained the age of
fifty-five years and, where appropriate, to persons or families qualifying as low, moderate or median
income, which controls and/or restrictions may be altered from time to time during the useful life of the
development so long as the age-restricted and/or income limitation is not altered and so long as no
temporary or permanent overnight occupancy for a period in excess of six months in a nine month period
by any person who has not attained the age of 55 years, related or not, is permitted. The spouse of a
qualified resident who has attained the age of 55 years shall be exempt from the age-restriction limitation
hereby imposed. All units shall be subject to restrictive covenants mandating said restriction, approved as
to form by the Planning Board, recorded within the chain of title,which, in addition to the enforcement of
any conditions of a special permit issued hereunder by the Building Inspector, shall be directly
enforceable by a Homeowners Association comprised of the owners of the units within the SMROD.
A 2/3's vote required. Motion adopted unanimously.
Resolution offered by Adrienne MacCarthy, Chairwoman of the School Committee for Jamie
Williams.
WHEREAS Jamie Williams has served the Cohasset community as a School Committee member over
the past three years and;
WHEREAS, Jamie Williams served as Chairman, contract negotiator, School Council liaison, Parent
Advisory Council liaison and;
WHEREAS, Jamie Williams actively participated in the development and implementation of the five
year Strategic Plan for the Cohasset Public Schools and;
23
WHEREAS, Jamie Williams values the vision of the public school which is to "hold high expectations
for all students and staff and provide the support and resources to enable all to meet or surpass those
expectations"
NOW, THEREFORE, BE IT RESOVED that the Citizens of Cohasset, assembled here at Annual
Town Meeting this 31st day of March 2007, do sincerely thank Jamie Williams for her three years of
service on the Cohasset School Committee.
Resolution voted unanimously.
Article 14: Zoning Bylaw Amendment—Village Business"VB"District
To see if the Town will vote to amend Section 3.1 DIVISION INTO DISTRICTS of the Zoning Bylaws
by adding a new district to be known as Village Business so that Section 3.1 would reads as follows:
663.1 DIVISION INTO DISTRICTS
The Town of Cohasset,Massachusetts, is divided into ten(10)zoning districts designated as
follows:
Name Abbreviation
Residential A,B, and C R-A,R-B,R-C (RC: 3/9/59 Article 34)
Waterfront Business WB (WB 5/l/76 Article 38)
Downtown Business DB
Village Business VB
Highway Business HB
Light Industry LI
Technology Business TB (TB: 3/27/00 Article 16)
Official and Open Space OS (OS: 4/8/85 Article 40)
In addition, there are four overlay districts: The Flood Plain and Watershed District; the Water
Resource District; the Senior Multi-Family Residence Overlay District; and the Transit-Oriented
Development Overlay District (5/5/75 Article 35; 4/7/86 Article 39; 4/4/87 Article 21; 11/18/02
Article 8; 04/01/06 Article 17), or act on anything related thereto.
AND
To see if the Town will vote to amend the Zoning Map entitled "Town of Cohasset, Massachusetts
Zoning District Map" dated March 2002 prepared by Amory Engineers, P.C. by defining that portion of
the Downtown Business District currently known as Cohasset Village shown on a copy of the zoning map
as the area outlined in black ink identified as "Village District", which map is on file with the Town
Clerk, labeled "Map — Article 14", and comprising portions of South Main Street, North Main Street,
Brook Street, Elm Street, Ripley Road, Depot Court, Pleasant Street and Smith Place as the Village
Business District, or act on anything related thereto.
AND
To see if the Town will vote to amend Section 5.3.1 TABLES OF AREA REGULATIONS of the Zoning
Bylaws by adding thereto dimensional requirements for the Village Business District which will read as
follows:
24
Use Minimum Required Lots Minimum Yards ***Maximum
Permitted
Rear
Coverage
Area Frontage Width Front Side Depth Height Coverage
Structural
(Sq. ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (%)
N
"DISTRICT VB
Any permitted structure or 5,000 50 50 15 10 15 35 80
N/A
principal use(except dwellings
for occupancy by more than
1 family)
Dwelling for occupancy by 40,000 20 20 15 10 15 35 25
N/A
more than one family** +4000 for each additional family more than 2
(**4/6/85 Art. 41 WB removed)
AND
To see if the Town will vote to amend Section 4.2 PERMITTED USES of the Zoning Bylaw by adding a
new column under"Non-Residential"under the heading"VB"to the Table of Use Regulations listing the
same use regulations "No, SP or Yes" applicable to the listed uses in the Downtown Business District as
applicable in their entirety to the Village Business District,
or act on anything relating thereto.
AND,
To see if the Town will vote to amend Section 4.3.12 ADDITIONAL USE REGULATIONS of the
Zoning Bylaw by inserting after "Downtown Business District" the following: "or Village Business
District"or act on anything related thereto.
AND,
To see if the Town will vote to amend Section 5.4.1 TABLE OF AREA REGULATION NOTES of the
Zoning Bylaw by inserting after"DB"the following: ",VB"or act on anything related thereto.
AND,
To see if the Town will vote to amend Section 5.4.2 TABLE OF AREA REGULATION NOTES of the
Zoning Bylaw by inserting after"DB"the following: "or VB"or act on anything related thereto.
AND,
To see if the Town will vote to amend Section 7.1.K. Off-Street Parking, Loading and Driveway of the
Zoning Bylaw by inserting in first column after"in"the following: "the VB district.
25
Moved that Section 3.1 of the Zoning Bylaws,DIVISION INTO DISTRICTS,be amended by adding a
new district to be known as Village Business, so that Section 3.1 will read as follows:
"3.1 DIVISION INTO DISTRICTS
The Town of Cohasset,Massachusetts, is divided into ten(10)zoning districts designated as
follows:
Name Abbreviation
Residential A,B, and C R-A,R-B,R-C (RC: 3/9/59 Article 34)
Waterfront Business WB (WB 5/1/76 Article 38)
Downtown Business DB
Village Business VB
Highway Business HB
Light Industry LI
Technology Business TB (TB: 3/27/00 Article 16)
Official and Open Space OS (OS: 4/8/85 Article 40)
In addition, there are four overlay districts: The Flood Plain and Watershed District, the Water
Resource District, the Senior Multi-Family Residence Overlay District and the Transit-Oriented
Development Overlay District (5/5/75 Article 35; 4/7/86 Article 39; 4/4/87 Article 21; 11/18/02
Article 8; 04/01/06 Article 17).
AND
That the Zoning Map entitled"Town of Cohasset,Massachusetts Zoning District Map"dated March 2002
prepared by Amory Engineers, P.C. be amended by defining that portion of the Downtown Business
District currently known as Cohasset Village, shown on a copy of the zoning map as the area outlined in
black ink identified as "Village District", which copy of the zoning map is on file with the Town Clerk,
labeled "Map — Article 14", and comprising portions of South Main Street, North Main Street, Brook
Street, Elm Street, Ripley Road, Depot Court, Pleasant Street and Smith Place, as the Village Business
District.
AND
That Section 5.3.1 of the Zoning Bylaws, TABLES OF AREA REGULATIONS, be amended by adding
thereto dimensional requirements for the Village Business District which will read as follows:
Use Minimum Required Lots Minimum Yards ***Maximum
Permitted
Rear
Coverage
Area Frontage Width Front Side Depth Height Coverage
Structural
(Sq. ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (%)
"DISTRICT VB
Any permitted structure or 5,000 50 50 15 10 15 35 80
N/A
principal use(except dwellings
for occupancy by more than
26
1 family)
Dwelling for occupancy by 40,000 20 20 15 10 15 35 25
N/A
more than one family** +4000 for each additional family more than 2
(**4/6/85 Art. 41 WB removed)
AND
That Section 4.2 of the Zoning Bylaws, PERMITTED USES,be amended by adding a new column under
"Non-Residential" under the heading "VB" to the Table of Use Regulations listing the same use
regulations "No, SP or Yes" applicable to the listed uses in the Downtown Business District as applicable
in their entirety to the Village Business District.
AND,
That Section 4.3.12 of the Zoning Bylaws, ADDITIONAL USE REGULATIONS, be amended by
inserting after"Downtown Business District"the following: "or Village Business District."
AND,
That Section 5.4.1 of the Zoning Bylaws, TABLE OF AREA REGULATION NOTES, be amended by
inserting after"DB"the following: ",VB."
AND,
That Section 5.4.2 of the Zoning Bylaws, TABLE OF AREA REGULATION NOTES, be amended by
inserting after"DB"the following: "or VB."
AND,
That Section 7.1.K. of the Zoning Bylaws, Off-Street Parking, Loading and Driveway, be amended by
inserting in the first column after"in"the following: "the VB district or in."
Motion adopted by the required 2/3's.
Article 15: Zoning Bylaw Amendment—DB and VB District Dwellings for More than One Family
Allowed by Special Permit
To see if the Town will vote to amend Section 4.2 TABLE OF USE REGULATIONS of the Zoning
Bylaws by changing "Dwellings for more than one family including in combination with stores or other
permitted uses subject to Table 5.3.1 and 7.1" to a Special Permit rather than a by right use, for the DB
and VB Non-Residential zoning so the table will read as follows:
27
Official& Open
Residential Non-Residential Space District
USE R-A R-B R-C DB VB WB HB TB LI OS
Residential
Dwellings for more than one No No No SP SP No SP No No
No
family including those in
combination with stores or
other permitted uses subject
to Table 5.3.1 and 7.1
(11/17/03 Art. 17)
Moved that Section 4.2 of the Zoning Bylaws, TABLE OF USE REGULATIONS, be amended by
changing "Dwellings for more than one family including in combination with stores or other permitted
uses subject to Table 5.3.1 and 7.1" to a Special Permit rather than a by right use, for the DB and VB
Non-Residential zoning districts, so the table will read as follows:
Official& Open
Residential Non-Residential Space District
USE R-A R-B R-C DB VB WB HB TB LI OS
Residential
Dwellings for more than one No No No SP SP No SP No No No
family including those in
combination with stores or
other permitted uses subject
to Table 5.3.1 and 7.1
(11/17/03 Art. 17)
Motion adopted by the required 2/3's.
Article 16: Zoning Bylaw—Amend Water Resource District Bylaw
To see if the Town will vote to amend Section 14, Water Resource District, of the Zoning Bylaws by
amending Section 14.3.1 "Prohibited Uses" by striking sub-section "j" and inserting in place thereof the
following:
(j) storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal
of ice and snow on roads, unless such storage is within a structure designed to prevent the
generation and escape of contaminated runoff or leachate;
and by striking sub-section"1"and inserting in place thereof the following:
(1) storage of animal manures, unless such storage is within a structure designed to prevent the
generation and escape of contaminated runoff and leachate.
Moved that this article be indefinitely postponed.
Motion adopted unanimously.
28
Article 17: Special Legislation for Sale of Water
To see if the Town will vote to submit a petition to the General Court, accompanied by a Bill for a Special
Law relating to the Town of Cohasset to be filed with an attested copy of this Article, pursuant to Clause
(1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth
of Massachusetts, and to authorize the General Court, with the consent of the Cohasset Board of Water
Commissioners and Board of Selectmen, to make constructive changes in the text thereof to implement
the public policy objectives of the following, or to take any other action relative thereto:
AN ACT TO AUTHORIZE THE TOWN OF COHASSET WATER DEPARTMENT TO
PROVIDE WATER SERVICES TO OTHER CITIES,TOWNS,AND WATER COMPANIES
Section 1. Section two of chapter one hundred and twenty-eight of the acts of eighteen hundred and
eighty six, as amended by chapter four hundred and eighty-nine of the acts of nineteen forty-six and
chapter four hundred and thirty-six of the acts of nineteen ninety-eight, is hereby amended by striking the
last paragraph and inserting in place thereof the following:
The Board of Water Commissioners are authorized to make contract with, or may go to aid any other
city, town, commission, district or any other water company, as defined in section one of chapter one
hundred and sixty-five of the Massachusetts General Laws, with regard to the operation, administration,
repair and maintenance of its water supply system. Such contracts may be made to provide water to
another city or town on an emergency basis, or to provide water service on a long term basis to any other
city,town, commission, district or any other water company or to one or more customers of another town
who cannot be reasonably provided water supply services by that town. Any such contracts may be for a
period not to exceed twenty years, and may not exceed fifty percent of the daily safe yield as certified by
the Department of Environmental Protection, and the aggregate of all such contracts may not exceed fifty
percent of the daily safe yield as certified by the Department of Environmental Protection.
Section 2. This Act shall take effect upon passage.
Moved that the following Home Rule Petition to the General Court, be presented to the General Court,
and that the General Court, with the consent of the Board of Selectmen and the Cohasset Board of Water
Commissioners be authorized, to make constructive changes in the text thereof to implement the public
policy objectives of the following,or to take any other action relative thereto:
AN ACT TO AUTHORIZE THE TOWN OF COHASSET WATER DEPARTMENT TO PROVIDE
WATER SERVICES TO OTHER CITIES, TOWNS,AND WATER COMPANIES
Section 1. Section two of chapter one hundred and twenty-eight of the acts of eighteen hundred and
eighty six, as amended by chapter four hundred and eighty-nine of the acts of nineteen forty-six and
chapter four hundred and thirty-six of the acts of nineteen ninety-eight, is hereby amended by striking the
last paragraph and inserting in place thereof the following:
The Board of Water Commissioners are authorized to enter into contracts with, or may go to aid any
other city, town, commission, district or any other water company, as defined in section one of chapter
one hundred and sixty-five of the Massachusetts General Laws, with regard to the operation,
administration, repair and maintenance of its water supply system. Such contracts may be made to
provide water to another city or town on an emergency basis, or to provide water service on a long term
basis to any other city, town, commission, district or any other water company or to one or more
29
customers of another town who cannot be reasonably provided water supply services by that town. Any
such contracts may be for a period not to exceed twenty years, and may not exceed fifty percent of the
daily safe yield as certified by the Department of Environmental Protection, and the aggregate of all such
contracts may not exceed fifty percent of the daily safe yield as certified by the Department of
Environmental Protection.
Section 2. This Act shall take effect upon passage.
Moved that the motion on the floor for Article 17 be amended to add the following after the word
"Protection" in the last sentence of the second paragraph of Section 1: "provided, however that such
contracts shall not take effect without the approval of town meeting."
Amendment adopted. Main motion, as amended,is adopted.
Article 18: Bylaw Amendment for Sale of Water
To see if the Town will vote to amend Section 8 of Article III of the General Bylaws by striking
subsection(f)and by inserting in place thereof the following new paragraph:
(f) The Board of Water Commissioners, pursuant to the provisions of Chapter 40, Section 39H of the
General Laws, are authorized to make contract with, or may go to aid any other city, town, commission,
district or any other water company, as defined in section one of chapter one hundred and sixty-five of the
Massachusetts General Laws, with regard to the operation, administration, repair and maintenance of its
water supply system. Such contracts may be made to provide water to another city or town on an
emergency basis, or to provide water service on a long term basis to any other city, town, commission,
district or any other water company or to one or more customers of another town who cannot be
reasonably provided water supply services by that town. Any such contracts may be for a period not to
exceed twenty years, and may not exceed fifty percent of the daily safe yield as certified by the
Department of Environmental Protection, and the aggregate of all such contracts may not exceed fifty
percent of the daily safe yield as certified by the Department of Environmental Protection.
Moved that Section 8 of Article III of the General Bylaws be amended by striking subsection(f) and by
inserting in place thereof the following new paragraph
(f) The Board of Water Commissioners pursuant to the provisions of Chapter 40, Section 39H of the
Massachusetts General Laws is authorized to enter into contracts with, or go to aid, any other city, town,
commission, district, or water company, as defined in Chapter 165, Section 1, of the Massachusetts
General Laws, with regard to the operation, administration, repair, and maintenance of its water supply
system. Such contracts may be made to provide water to another city or town on an emergency basis, or
to provide water service on a long-term basis to any other city, town, commission, district, or water
company or to one or more customers of any other town who cannot be reasonably provided water supply
services by that town. Any such contracts may be for a period not to exceed twenty (20) years, and my
not exceed fifty percent (50%) of the daily safe yield as certified by the Department of Environmental
Protection, and the aggregate of all such contracts may not exceed fifty percent (50%) of the daily safe
yield as certified by the Department of Environmental Protection.
Moved that the motion on the floor for Article 18 be amended to add the following after the word
"Protection"in the last sentence of the second paragraph: "provided,however that such contracts shall not
take effect without the approval of town meeting."
30
Amendment adopted. Main motion,as amended,is adopted.
Article 19: Land Acquisition by Water Department
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 parcel of land shown on the assessors plan
number 56-58 or a portion thereof, for watershed protection purposes.
Moved that the Board of Water Commissioners be authorized to acquire by purchase, gift or eminent
domain the fee title or lesser interest in parcel of land shown on the Assessors May 56, Parcel 58 or a
portion thereof, for watershed protection purposes.
A 2/3's vote required. Motion adopted by the required 2/3's.
Article 20. Affordable Housing Trust Fund
To see if the Town will vote to accept the provisions of Massachusetts G.L. c. 44, § 55C, a full copy of
which is available in the office of the Board of Selectmen, excerpts of which are set forth below, and to
authorize the Board of Selectmen to establish such trust and appoint a board of trustees, and take any
other action related thereto:
Section 55C. (a) Notwithstanding section 53 or any other general or special law to the contrary, a ...
town that accepts this section may establish a trust to be known as the Municipal Affordable Housing
Trust Fund .... The purpose of the trust is to provide for the creation and preservation of affordable
housing in municipalities for the benefit of low and moderate income households.
(b) There shall be a board of trustees, in this section called the board,which shall include
no less than 5 trustees, including the chief executive officer, as defined by section 7 of chapter 4, of the
city or town, but where the chief executive officer is a multi-member body, that body shall designate a
minimum of 1 of its members to serve on the board. Trustees shall be appointed ... in a town by the board
of selectmen, shall serve for a term not to exceed 2 years, and are designated as public agents for purposes
of the constitution of the commonwealth. Nothing in this subsection shall prevent a board of selectmen
from appointing the town manager or town administrator as a member or chair of the board, with or
without the power to vote.
(c) The powers of the board, all of which shall be carried on in furtherance of the
purposes set forth in this act, shall include the following powers, but a city or town may, by ... by-law,
omit or modify any of these powers and may grant to the board additional powers consistent with this
section:--
(1)to accept and receive real property,personal property or money,by gift, grant, contribution, devise or
transfer from any person, firm, corporation or other public or private entity, including but not limited to
money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law
or any general or special law or any other source, including money from chapter 44B;
(2)to purchase and retain real or personal property, including without restriction investments that yield a
high rate of income or no income;
(3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or
by private contract for such consideration and on such terms as to credit or otherwise, and to make such
31
contracts and enter into such undertaking relative to trust property as the board deems advisable
notwithstanding the length of any such lease or contract;
(4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants,
contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or
incident to any transaction in which the board engages for the accomplishment of the purposes of the
trust;
(5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board deems
necessary;
(6) to pay reasonable compensation and expenses to all advisors and agents and to apportion such
compensation between income and principal as the board deems advisable;
(7) to apportion receipts and charges between incomes and principal as the board deems advisable, to
amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation
depletion or otherwise;
(11) to borrow money on such terms and conditions and from such sources as the board deems
advisable,to mortgage and pledge trust assets as collateral;
(12)to make distributions or divisions of principal in kind;
(13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against
the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any
indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for
such period of time as the board may deem appropriate;
(14) to manage or improve real property; and to abandon any property which the board determined not
to be worth retaining;
(d) Notwithstanding any general or special law to the contrary, all moneys paid to the
trust in accordance with any zoning ... by-law, exaction fee, or private contributions shall be paid directly
into the trust and need not be appropriated or accepted and approved into the trust. General revenues
appropriated into the trust become trust property and to be expended these funds need not be further
appropriated. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by
the board within 1 year of the date they were appropriated into the trust,remain trust property.
(e) The trust is a public employer and the members of the board are public employees for
purposes of chapter 258.
(f) The trust shall be deemed a municipal agency and the trustees special municipal
employees, for purposes of[the Conflict of Interest Law].
(g) The trust is exempt from chapters 59 and 62, and from any other provisions
concerning payment of taxes based upon or measured by property or income imposed by the
commonwealth or any political subdivision thereof.
(h) The books and records of the trust shall be audited annually by an independent auditor
in accordance with accepted accounting practices.
32
(i)The trust is a governmental body for purposes of[the Open Meeting Law].
0) The trust is a board of the city or town for purposes of chapter 30B and section 15A of
chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions,
authorities, departments and public instrumentalities of the city or town shall be exempt from said chapter
30B.
Moved that this article be indefinitely postponed.
Motion adopted unanimously.
Article 21: Landfill Monitoring Services
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow,
pursuant to any applicable statute, a sum or sums of money,to be expended by the Town Manager, for the
purpose of hiring a professional engineer to conduct environmental monitoring of the Cedar Street
Landfill.
Moved that Forty Four Thousand Seven Hundred Eight Nine Dollars ($44,789) be appropriated, to be
expended by the Town Manager, for the purpose of hiring a professional engineer to conduct
environmental monitoring of the Cedar Street Landfill, and to meet this appropriation,the sum of Twenty
Five Thousand Dollars($25,000)be transferred from Free Cash and the sum of Nineteen Thousand Seven
Hundred Eighty Nine Dollars ($19,789) be transferred from the unexpended balance of Article 26 of the
October 23,2000 Special Town Meeting.
Motion adopted unanimously.
Article 22: Supplemental Funding for Sewer Expansion Projects
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow from the
Massachusetts Water Pollution Abatement Trust, or otherwise borrow pursuant to any applicable statute a
sum or sums of money to be expended by the Town Manager in consultation with the Board of Sewer
Commissioners to provide supplemental funding to implement the following wastewater projects to be
added to and combined with prior appropriations, namely past funding authorizations under Articles 12
and 13 of the April 2, 2005 Annual Town Meeting, which shall also be combined for the purposes of
implementing the Little Harbor, Atlantic Avenue and Jerusalem Road Sewer Expansion Projects, these
sewer systems specifically intended to serve existing dwelling units, such dwellings which existed as of
the date of the vote of Article 8, of the 2002 Annual Town Meeting, as previously approved and defined;
including the associated expansion of the Cohasset Wastewater Treatment Plant as set forth in the"Single
Environmental Impact Report (EOEA #13872 & #10275), Environmental Assessment and Facility Plan
Supplement"dated December 2006 prepared by Coughlin Environmental Services,LLC., copies of which
are available at the Town Clerk's office and at the Paul Pratt Memorial Library, and further that the
Treasurer of the Town, with the approval of the Board of Selectmen borrow a sum of money to fund the
bidding, construction and installation of said project which borrowing is to be repaid by betterments
assessed upon the properties benefited thereby, and pursuant to Chapter 44, Section 7, of the
Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of
the Town.
Moved that the motion voted pursuant to Article 12 of the 2005 Cohasset Annual Town Meeting be
hereby amended as follows:
33
Two Million Dollars ($2,000,000) is hereby appropriated to be added to the Twelve Million Dollars
($12,000,000) appropriated pursuant to said Article 12 of the 2005 Annual Town Meeting increasing the
total appropriation to Fourteen Million Dollars ($14,000,000) to be spent by the Town Manager with the
approval of the Sewer Commission as described in said Article 12 motion for the wastewater purposes
therein described as further amended as follows: the purposes for which the $14,000,000 appropriation
may be spent is now expanded to include the associated expansion of the Cohasset Wastewater Treatment
Plant as further set forth in the "Single Environmental Impact Report (EOEA #13872 & #10275),
Environmental Assessment and Facility Plan Supplement" dated December 2006 prepared by Coughlin
Environmental Services, LLC., and to meet this additional appropriation, the treasurer of the town with
the approval of the Board of Selectman is authorized to borrow such $2,000,000 and to issue bonds and
notes of the town therefor, including borrowing all or a portion of such amount from the Massachusetts
Water Pollution Abatement Trust established pursuant to Chapter 29C, such bonds or notes being general
obligations of the Town with the intent that the principal and interest payments for this borrowing is to be
repaid by betterments assessed upon properties benefited thereby and in connection therewith to enter into
a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and
the Department of Environmental Protection with respect to such loan and for any federal or state aid
available for the project or for the financing thereof; and further; that the Board of Selectmen is
authorized to enter into a project regulatory agreement with the Department of Environmental Protection,
to expend all funds available for the project and to take any other action necessary to carry out the project.
A 2/3's vote required. Motion adopted by the required 2/3's.
Article 23: Funding for Stormwater Management Grant Match
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
provide for the local match required for a Section 319 grant and any other grant awarded to the
Stormwater Committee on behalf of the Town.
Moved that this article be indefinitely postponed.
Motion adopted unanimously.
Article 24: Stormwater Management Bylaw
To see if the Town will vote to amend the General Bylaws by repealing Section 14 "Drainage
Committee"of Article V, and by inserting the following new Article XV:
ARTICLE XV.STORMWATER MANAGEMENT
Introduction
Increased Stormwater runoff rates and volumes, and the sediments and pollutants associated with
stormwater runoff from poor management practices threaten the Town. Existing inadequate maintenance
and uncontrolled stormwater management for development projects in progress, planned, and unknown
future activities within the Town of Cohasset, will without appropriate maintenance, regulation and
control, affect the health, comfort and safety of Cohasset's citizens. Unless stormwater is managed, this
condition will further adversely affect water resources, public and private property and health of the
Town's citizens.
Accordingly The Cohasset Stormwater Commission proposes the following bylaw:
34
Section 1. Title,Authority,Purpose and Implementation of Bylaw
(A) Title. This Bylaw shall be known, and may be referred to as,the"Stormwater Bylaw."
(B) Authori . This Bylaw is adopted pursuant to the authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule Procedures Act, M.G.L. c. 43B,
section 1, et seq., and pursuant to the regulations of the Federal Clean Water Act,40 CFR 122.34.
Nothing in this Bylaw is intended to replace the requirements of the Massachusetts Wetlands
Protection Act, M.G.L. c. 131, section 40 and its implementing regulations, 310 CMR 10.000 et
seq. and 310 CMR 13.000 et seq., Cohasset Wetlands Protection Bylaw and Regulations, Water
Resource District Bylaw, Flood Plain Zoning Bylaw, or other applicable statutes, Bylaws and
regulations.
(C) Purpose. This Bylaw is designed to establish a stormwater management program, a Stormwater
Management Commission, regulations, application and review procedures, a permitting process,
and enforcement procedures and sanctions. This Bylaw will enable the Town to comply with the
applicable requirements of the Federal Clean Water Act and all applicable Federal and State
statutes, permits, and regulations relative to the quantity and quality of stormwater runoff. The
intent of the bylaw is to prevent and reduce existing and future stormwater flooding and
stormwater pollution in the Town of Cohasset to the maximum extent possible, and to protect
water quality and the integrity of the Water Resources of the Town.
(D) Implementation. This Bylaw will implement the stormwater management program through(a) an
annual Stormwater Capital Improvement Program designed to assess and remediate existing
flooding and stormwater pollution, (b) a Stormwater Permitting Program to be overseen and
enforced by a Stormwater Commission and managed where authority exists, by existing
organisms within Town government.
Section 2. Definitions
As used in this Bylaw the following words and phrases shall have the following meanings:
(A) Alter: Any activity which will measurably change the ability of a ground surface area to absorb
water or will change existing surface drainage patterns.
(B) Agent: The person(s) designated or contracted by the Stormwater Management Commission to
review permit applications, assist in public hearings, conduct inspections, and advise the
Commission on permit applications as outlined in this Bylaw, or to assist the Commission in any
other requested consulting or engineering services.
(C) Best Management Practice (BMP): An activity, procedure, or structural improvement that helps
to reduce the quantity or improve the quality of stormwater runoff.
(D) Impervious Surface: Any material or structure in, on or above the ground that prevents water
infiltrating the underlying soil, for example: roads,paved parking lots, sidewalks, and rooftops.
(E) Land-Disturbing Activity: Any action that alters a site or causes a change in the position or
location of soil, sand,rock,gravel, or similar earth material.
(F) Low Impact Development (LID): Low Impact Development (LID) is an effective stormwater
management approach with a basic principle that is modeled after nature: manage rainfall at the
source using uniformly distributed decentralized micro-scale controls. LID's goal is to mimic a
site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate,
and detain runoff close to its source.
(G) Municipal Storm Sewer System or Municipal Storm Drain System: The system of conveyances
designed or used for collecting or conveying stormwater, including any road with a drainage
system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin,
natural or man-made or altered drainage channel, reservoir, and other drainage structure that
35
together comprise the storm drainage system owned or operated by the Town.
(H) Person: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal government, to
the extent permitted by law, and any officer, employee, or agent of such person.
(I) Stormwater: Stormwater is water that originates during precipitation events. It may also be used
to apply to water that originates with snowmelt. Stormwater that does not soak into the ground
becomes surface runoff, which either flows into surface waterways or is channeled into storm
sewers.
Section 3. Stormwater Management Commission
(A) Commission Membership. There is hereby established a Stormwater Management Commission
(the "Commission") which shall be composed of the following five members appointed by the
Board of Selectmen for terms of three years each:
(1) One member of the Board of Health,nominated by the Board of Health;
(2) One member of the Conservation Commission, nominated by the Conservation
Commission;
(3) One member of the Board of Water Commissioners, nominated by the Board of Water
Commissioners;
(4) One member of the Planning Board,nominated by the Planning Board, and
(5) One member of the public.
(B) Vacancies. A vacancy in any of the seats on the Commission shall be filled in the same manner as
the original appointment was made.
(C) Commission Authoritv. The Commission shall administer, implement and enforce this Bylaw.
(1) Federal Permit Requirements. The Commission shall (a) implement the requirements of the
Town's Federal Stormwater Permit, (b) develop and monitor progress with measurable goals
for implementing the required six minimum control measures, (c)prepare and submit reports
to the EPA as required, (d)prepare budgets for the program, and(e) apply for renewal of the
Town's Federal Stormwater Permit when required.
(2) Minimum Control Measures. The Commission shall oversee the federally required six
minimum control measures as follows: (a) Conduct public education activities about the
impacts that polluted stormwater runoff can have on water quality. (b)Provide opportunities
for public participation and involvement in stormwater management. (c) Develop and
implement a plan to detect and eliminate prohibited discharges to the storm drain system. (d)
Develop, implement, and enforce an erosion and sediment control program for construction
activities. (e) Develop, implement, and enforce a program to address discharges of post-
construction stormwater runoff from new development and redevelopment areas. (f)
Develop, implement, and maintain a program to prevent or reduce runoff of stormwater
pollution from municipal operations.
(3) Municipal Government Operations. The Commission shall periodically review applicable
Town Bylaws, regulations, policies, and practices and make recommendations to Town
boards, commissions, officials, and Town Meeting from time to time for amendments or
measures to improve the Town's regulation of stormwater, the Town's management of
stormwater, and to reduce the Towns contribution to stormwater flooding and stormwater
pollution.
36
(4) Stormwater Agent. The Commission shall appoint a Stormwater Agent to act on behalf of
the Commission; this shall be a contracted position to be funded in part from application and
review fees charged to applicants.
(5) Funding. The Commission shall seek funding, through the Town Manager, from grant
programs,Town Meeting, and other sources to implement the provisions of this Bylaw.
(6) Annual Reports. The Commission shall provide Annual Reports to the Town.
(D) Stormwater Development Charge. The Commission may establish a Stormwater Development
Charge to be paid by applicants for new development or redevelopment and which shall be based
on the square footage of new impervious surface in the development or redevelopment and on
other applicable criteria. Said Charges shall be deposited in the Enterprise Fund Account
established pursuant to Section 7(D).
(E) Enterprise Fund. The provisions of Chapter 44, Section 53F%2 of the General Laws, establishing
the Stormwater Management Commission as an Enterprise Fund effective in Fiscal Year 2007,
are accepted by the Town.
(F) Regulations. The Commission may adopt and amend Regulations to implement the provisions of
this Bylaw, by majority vote of the Commission, after a public hearing. The date of the public
hearing shall be advertised in a newspaper of general circulation in the Town, at least fourteen
(14) days prior to the hearing date. Further, the Commission is required to periodically make
recommendations to other Commissions and elected officials represented within the Stormwater
Commission to revise and update their regulations relating to stormwater. Failure by any
Commission to promulgate such Regulations shall not have the effect of suspending or
invalidating this Bylaw.
Section 4. Stormwater Capital Improvement Program
The Commission shall develop and implement an annual and long range Capital Improvement Program to
reduce existing and future stormwater flooding and stormwater pollution.
(A) Flooding Assessment. The Commission shall regularly assess flooding in Cohasset and the
condition of the storm drain infrastructure and Town drainage facilities.
(B) Stormwater Pollution. The Commission shall conduct regular water quality monitoring and
partner with the Board of Health, CSCR, EPA and other agencies involved in water quality
monitoring.
(C) Asset Management. The Commission shall develop and update the Geographic Information
Systems (GIS) storm drain system map, assess the condition of existing storm drain assets
including pipes, storm drains, and catch basins, track problems and issues in a log, and update an
annual asset management plan.
(D) Public Hearing. The Commission shall hold at least one public hearing no later than September
15 each year where all residents and Town officials and departments shall be invited to submit
their concerns and proposals for Commission action to prevent and reduce stormwater flooding
and Stormwater pollution.
(E) Priority Areas. No later than December 15 each year the Commission shall submit a report to the
Selectmen with their recommendations and one or more Warrant Articles for the next Annual
Town Meeting to implement such recommendations and which may propose one or more areas of
Town for projects during the next fiscal year to prevent and reduce stormwater flooding and
stormwater pollution.
(F) Funding. The Commission may fund such Improvement Capital Improvement Plans through
borrowing, transfers, or appropriations approved by Town Meeting, transfers from the Reserve
Fund,receipts from fees and charges,grants or loans, or from other sources.
(G) Stormwater Utility. The Commission may adopt, by Regulation and upon approval of Town
37
Meeting, a Stormwater Utility pursuant to M.G.L. Chapter 83, section 16 and Chapter 40, section
IA.
(H) Implementation. Each year the Commission shall implement one or more projects in priority
areas of Town to prevent and reduce existing and future stormwater flooding and stormwater
pollution.
(1) Permeability Credits The Stormwater Commission may adopt a system of Stormwater Credits
based on permeability of soil on a parcel. Such credits would be used in establishing the
permissible scope of requested site plan modifications.
Section 5. Stormwater Permit Program
(A) Stormwater Permitting Program. The Commission shall have the authority to establish a
Stormwater Permitting Program upon adoption of regulations pursuant to this Bylaw. The
Commission may utilize in such regulations the applicable policy, criteria and information
including the specifications of the Massachusetts Department of Environmental Protection
Stormwater Management Policy, as most recently amended.
(B) Application & Review Fees. The Commission shall establish (i) an Application Fee and (ii) a
Review Fee which is sufficient to recover the cost for review of the application by the
Commission, its Agent, and its consulting engineers. Said fees shall be deposited in the Enterprise
Fund Account established pursuant to Section 7 Said fees and charges may be established by
Regulation following a public hearing, notice of which shall be published in a newspaper of
general circulation in the Town no later than fourteen(14)days prior to the date of the hearing.
(C) Prohibited Activity. "No person may undertake a construction activity, including clearing,
grading and excavation that results in a land disturbance that will disturb equal to or greater than
one acre of land or will disturb less than one acre of land but is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater than one acre of land draining
to the Cohasset municipal separate storm sewer system without a Stormwater Permit.
Construction activity does not include routine maintenance that is performed to maintain the
original line and grade,hydraulic capacity or the original purpose of the site."
(D) Prohibition of Illicit Discharges. The Stormwater Commission shall review the existing Board of
Health regulations related to Illicit Discharges and recommend any changes necessary to ensure
oversight and compliance with State and Federal Regulations. It will be the Responsibility of the
Board of Health to ensure compliance by its regulations with Federal and State Statutes, subject
to periodic review by the Stormwater Commission.
(E) Activities Requiring a Stormwater Permit. Unless exempt per Section 6(G), a Stormwater Permit
shall be required for:
(1) Any activity on a site that will disturb one acre or more of land or on a site that is part of a
common plan that together will disturb one or more acres of land, and that will contribute
runoff to the municipal separate storm system.
(2) Any activity that disturbs an undeveloped parcel of any size that will increase the
impervious surface area and contribute runoff to the municipal separate storm system.
(3) Any activity that results in a net increase of 30%or more of impervious area.
(4) Any development or redevelopment of land for any of the following uses:
a. auto salvage yard,
b. auto fueling facility,
c. fleet storage yard,
d. commercial parking lot,
e. road salt storage area,
f. commercial nursery and landscaping facility,
g. outdoor storage and loading area of hazardous substances, or
h. marina.
38
(F) Public Hearing. The Commission shall hold a public hearing within twenty-one (21) days of the
receipt of a complete application and shall take final action within thirty (30) days from the time
of the close of the hearing unless such time is extended by agreement between the applicant and
the Commission.
(G) Exemptions to Stormwater Permit Requirements. The following activities will not require the
filing of a Stormwater Permit application:
(1) Normal maintenance and improvement of land in agricultural use.
(2) Maintenance of existing landscaping, gardens or lawn areas associated with a single family
dwelling.
(3) Repair or replacement of an existing roof, or modification of a single-family dwelling that
remains within its existing footprint.
(4) Construction of any fence that will not alter existing terrain or drainage patterns.
(5) Emergency repairs to any stormwater management facility or practice that poses a threat to
public health, safety, or the environment or as deemed necessary by the Commission.
(6) Any work or projects for which all necessary approvals and permits have been issued before
the effective date of this Bylaw.
(7) Emergency Work associated with accidents, spills or releases of oil or hazardous wastes, or
natural disasters.
(8) Repair or maintenance of an individual sewage disposal system serving a single- or two-
family dwelling when required by the Board of Health for protection of public health,
provided the post-repair condition drainage is similar or more effective than the pre-repair
condition.
(H) Performance Objectives. The purpose of the Stormwater Permit Program is to (a) maintain the
after-development runoff characteristics (including peak flow, total volume of runoff and water
quality of the runoff) for development and redevelopment projects as much as possible as equal
to or less than the pre-development runoff characteristics to reduce impact to the town from
stormwater pollution, stream bank erosion, siltation, property damage, and to maintain the
integrity of stream channels, surface water, and aquatic habitats, and to prevent degradation of the
water resources of the Town, (b)to the extent possible ensure that development or redevelopment
projects comply with Massachusetts Stormwater policy, and(c)to the extent possible, apply Low
Impact Development measures that facilitate the maximum possible infiltration of precipitation
onsite to reduce stormwater flooding and pollution where possible. (Conventional storm drain
conduits and practices are in no way prohibited by this objective.)
(I) Stormwater Permitting Authority. The Stormwater Commission shall be the Stormwater
Permitting Authority for any applicant having a plan which deals with, drainage, water retention,
reduction of impervious surface or other stormwater matters and who is not required to submit an
application before the Planning Board, Conservation Commission, or Board of Health. The
committees named heretofore shall refer such matters to the Stormwater Commission for a
determination that shall be binding on the respective agency.
(J) Action on the Application. On receipt of a complete application, the Commission may in a
written decision binding on other commissions:
(a) Approve the Permit Application and issue or recommend a Permit if it finds that the
proposed plan will protect water resources and complies with the Performance Objectives
of this Bylaw,
(b) Approve the Permit Application for a Permit with conditions, modifications, or restrictions
that the appropriate Commission determines are required to ensure that the project will
protect water resources and complies with the Performance Objectives of this Bylaw, or
(c) Disapprove the Permit Application and deny the Permit if it finds that the proposed plan
will not protect water resources or fails to comply with the Performance Objectives of this
39
Bylaw.
(d) Failure by the Commission or other Stormwater Permitting Authority to take final action on
an application within ninety (90) days following the submittal of a complete application
shall be deemed to be approval of the application. Upon certification by the Town Clerk
that such ninety (90) days have elapsed without final action by the Commission or other
Stormwater Permitting Authority,the Permit shall be issued.
Section 7. Waivers
(A) Waivers. The Commission may waive strict compliance with any requirement of this Bylaw or
the Regulations promulgated hereunder,where:
(1) such action is allowed by federal, state and local statutes or regulations,
(2) is in the public interest, and
(3) is not inconsistent with the purpose and intent of this Bylaw.
(B) Requests for Waivers. Any applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation supporting the waiver
request and demonstrating that strict application of the Bylaw does not further the purposes or
objectives of this Bylaw.
(C) Public Hearing. All waiver requests shall be discussed and voted on at a public hearing which
shall be duly noticed at least fourteen (14) days prior to the hearing date in a newspaper of local
circulation in the Town as required in section 6(F)(3) and with notice to abutters as required in
section 6(F)(4).
(D) Additional Information. If the Commission determines that additional time or information is
required for review of a waiver request, the Commission may continue a hearing to a date certain
announced at the meeting. In the event the applicant objects to a continuance, or fails to provide
the requested information,the waiver request shall be denied.
Section 8. Enforcement
(A) Enforcement Authority. The Commission or its Agent shall enforce this Bylaw and the
regulations, orders, violation notices, and enforcement orders issued thereunder, and may pursue
all available civil and criminal remedies for such violations. The Commission or its Agent may
issue written orders to enforce the provisions of this Bylaw or the regulations thereunder.
(B) Civil Relief. If a person violates the provisions of this Bylaw, regulations, Permit, notice, or
order issued thereunder, the Commission may seek injunctive relief in a court of competent
jurisdiction restraining the person from activities which constitute or would cause violations or
compelling the person to perform abatement or remediation of the violation and which also may
seek recovery of costs.
(C) Penal . Any person who violates any provision of this Bylaw, regulation, order or Permit issued
thereunder, shall be punished by a fine of three hundred dollars ($300). Each day or part thereof
that such violation occurs or continues shall constitute a separate offense.
(D) Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Town
may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D and
Article 1. Section 1 (h) of the General Bylaws of the Town of Cohasset, in which case the
Commission's Agent shall be the enforcing person. The penalty for the 1 st violation shall be one
hundred dollars ($100.00). The penalty for the 2nd violation shall be two hundred dollars
($200.00). The penalty for the 3rd and subsequent violations shall be three hundred dollars ($
300.00). Each day or part thereof that such violation occurs or continues shall constitute a
separate offense.
(E) Remedies Not Exclusive. The remedies listed in this Bylaw are not exclusive of any other
remedies available under any applicable federal, state or local law.
40
Section 9. Appeals
The decisions or orders of the Commission shall be final. A decision of the Commission made under this
Bylaw shall be reviewable by any court of competent jurisdiction.
Section 10. Grandfather Provision
This Bylaw shall not apply to any work or project for which all necessary approvals and permits had been
issued at the effective date of this Bylaw. Such projects shall be exempt from the requirements of this
Bylaw.
Moved that this article be indefinitely postponed. Motion adopted unanimously.
Article 25: Easements for West Corner Culvert Replacement Project
To see if the Town will vote to authorize the Board of Selectmen to sell,convey or otherwise grant the fee
title or lesser title interest in certain property owned by the Town of Cohasset, located off Hull Street in
Cohasset and shown on Town of Cohasset Town Assessor Map 1 as Lot 54, to acquire by purchase, gift
or eminent domain such title interests as may be necessary to effectuate the foregoing conveyance, and
take any other action as may be related or appropriate.
Moved that the Board of Selectmen be authorized to sell, convey or otherwise grant to the Massachusetts
Highway Department the fee title or lesser title interest in certain property owned by the Town of
Cohasset, located off Hull Street in Cohasset and shown on Town of Cohasset Town Assessor Map 1 as
Lot 54, and to acquire by purchase, gift or eminent domain such title interests as may be necessary to
effectuate the foregoing conveyance.
A 2/3's vote required. Motion adopted unanimously.
Article 26: Funding for Drainage Improvements
To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or otherwise
fund through Chapter 90 distributions or other funding mechanisms pursuant to any applicable statute a
sum or sums of money to be expended by the Town Manager for professional engineering services to
develop flood control implementation plans and to implement the drainage improvements and culvert
upgrades as may be deemed appropriate by the Town Manager to improve, expand and/or create new
stormwater and drainage collection, treatment and conveyance facilities within the area anticipated to be
impacted by the proposed Little Harbor, Atlantic Avenue and Deep Run/Rust Way Sewer Expansion
projects, including but not limited to the creation of an expanded drainage system for the Deep
Run/Haystack Lane, Jerusalem Road Drive area, Jerusalem Road between Richardson Brook and Nichols
Road,the upgrade of various cross culverts along Beach Street and related roadway regarding,berm work
and low impact development techniques to promote the control and infiltration of stormwater and the
Town is herein authorized to acquire by purchase, gift, eminent domain, or otherwise, temporary and
permanent Real Estate easements within private or common ways and across private or common lands for
the purpose of laying, constructing, replacing, improving or otherwise maintaining stormwater and
drainage collection pipes, manholes, catch basins, culverts, infiltration swales, basins or other low impact
applications, and appurtenant components and structures all in connection with said project; a plan
depicting the impacted ways and lands is available at the Town Clerk's office and at the Paul Pratt
Memorial Library and further that the Treasurer of the Town,with the approval of the Board of Selectmen
borrow a sum of money to fund the project and any associated design, permitting, bidding, construction
41
and installation costs of said project which borrowing is to be repaid by the Town, provided however a
sum of money pursuant to Chapter 44, Section 7, of the Massachusetts General Laws, as amended, or any
other enabling authority, and to issue bonds or notes of the Town.
Moved that One Million Dollars ($1,000,000) be appropriated, to be expended by the Town Manager for
professional engineering services, permitting, construction and implementation of flood control, drainage
improvements and culvert upgrades as may be deemed appropriate by the Town Manager to improve,
expand and/or create new storm water and drainage collection,treatment and conveyance facilities within
the area impacted by the Little Harbor, Atlantic Avenue and Deep Run/Rust Way Sewer Expansion
projects as described in the motions adopted pursuant to Articles 12 and 13 of the 2005 Cohasset Annual
Town Meeting, as may be amended by the motion pursuant to Article 22 of the 2007 Annual Town
meeting, including but not limited to the creation of an expanded drainage system for the Deep
Run/Haystack Way/Jerusalem Road area, Jerusalem Road between Richardson Brook and Nichols Road,
the upgrade of various cross culverts along Beach Street and related roadway regarding, berm work and
low impact development techniques to promote the control and infiltration of storm water;
Moved that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to
borrow One Million ($1,000,000) and issue bonds or notes therefore under Chapter 44 of the General Laws
and/or Chapter 29C of the General Laws, that the Treasurer with the approval of the Selectmen is authorized
to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust
established pursuant to Chapter 29C or otherwise, such bonds or notes being general obligations of the Town
with the intent that the principal and interest payments for this borrowing is to be repaid by betterments
assessed upon properties benefited thereby; and in connection therewith to enter into a loan agreement and/or
security agreement with the Trust and otherwise to contract with the Trust and the Department of
Environmental Protection with respect to such loan and for any federal or state aid available for the project or
for the financing thereof,
Moved that the Board of Selectmen is herein authorized to acquire by purchase, gift, eminent domain, or
otherwise, temporary and permanent Real Estate easements within private or common ways and across
private or common lands for the purpose of laying, constructing, replacing, improving or otherwise
maintaining storm water and drainage collection pipes, manholes, catch basins, culverts, infiltration swales,
basins or other low impact applications, and appurtenant components and structures all in connection with
said project described in this motion; for those properties and ways as are shown on a Plan entitled"Exhibit
3-Proposed Sewer Expansion by CES dated June 2006" and the listing of individual properties impacted is
listed in "Appendix L-Property Listing" both such Plan and Listing being attachments to the "Single
Environmental Impact Report (EOEA #13872 & #10275), Environmental Assessment and Facility Plan
Supplement"dated December 2006 prepared by Coughlin Environmental Services,LLC.;
And further MOVED that the Board of Selectmen is authorized to enter into a project regulatory agreement
with the Department of Environmental Protection, to expend all funds available for the project and to take
any other action necessary to carry out the project.
Amendment offered by Ralph Dormitzer, Chairman of the Board of Selectmen to delete in the second
paragraph the words"with the intent that the principal and interest payments for this borrowing is to
be repaid by betterments assessed upon properties benefited thereby" and the second paragraph shall
now read as follows:
42
MOVED that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to
borrow One Million ($1,000,000) and issue bonds or notes therefore under Chapter 44 of the General Laws
and/or Chapter 29C of the General Laws, that the Treasurer with the approval of the Selectmen is authorized
to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust
established pursuant to Chapter 29C or otherwise, such bonds or notes being general obligations of the
Town and in connection therewith to enter into a loan agreement and/or security agreement with the Trust
and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such
loan and for any federal or state aid available for the project or for the financing thereof,
Amendment is adopted. Main motion as amended is adopted by the required 2/3's.
It was moved and seconded at 3:20 p.m. that this meeting stand adjourned to Saturday, April 7, 2007
for the election of town officers.
A True Record,ATTEST:
Marion L.Douglas,Town Clerk
43