HomeMy WebLinkAboutMinutes - TM - 03/29/2008 INDEX ANNUAL TOWN MEETING — MARCH 29, 2008
Article # Description of Article
1 Accept annual town report. Unanimous
2 Report of committees. Unanimous.
3 Operating budget. Unanimous.
4 Union contracts and other salary adjustments. Indefinitely
postponed.
5 Fund Capital Improvements. Unanimous.
6 Community Preservation Committee. Unanimous.
7 Unpaid bills from previous fiscal years. Indefinitely postponed.
8 Supplemental appropriations for FY2008. Adopted.
9 Capital Stabilization Fund. Unanimous.
10 Post retirement health insurance liability stabilization fund.
Unanimous.
11 Personnel classification & compensation bylaw. Unanimous.
12 Smoking bylaw amendment. Unanimous.
13 So Shore Recycling Cooperative — agreement. Unanimous.
14 Zoning bylaw — Wind Energy Conversion Facility Bylaw.
Unanimous.
15 Zoning bylaw - Permitted uses — Table of use regulations.
Unanimous.
16 Zoning bylaw—Amendments to Section 8. Unanimous.
17 Photovoltaic array system — Paul Pratt Memorial Library.
Indefinitely postponed.
18 Sewer Betterment. Unanimous.
19 Affordable Housing Trust Bylaw. Adopted.
20 Zoning Bylaw— Inclusionary Zoning. Indefinitely postponed.
21 Harbor Study Funding. Indefinitely postponed.
22 Treat's Pond restoration project funding. Amendment of a
proclamation. Proclamation adopted.
23 Repurchase of cemetery Lot funding. Unanimous.
24 Stormwater Management Bylaw. Adopted.
25 Citizens Petition — Operation of leaf blower's bylaw. Defeated.
Annual Town Meeting -- March 29, 2008
At the Annual Town Meeting held on Saturday, March 29, 2008 at the Cohasset High School
Sullivan Gymnasium the following articles were contained in the warrant and acted upon as
follows.
Checkers sworn in by the Town Clerk, Marion L. Douglas at 8:30 a.m. were Carol St. Pierre,
Debra Krupczak, Alison Krupczak, James Carroll, Ellen Warner and Abigail Alves. Tellers were
appointed and sworn in by the Moderator, Daniel Evans.
The Moderator called the meeting to order at 9:25 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 — 192 and Precinct
2— 101 for a grand total of 293.
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.
Article 1:
To act upon the reports of the various Town Officers as printed in the Annual Town Report for
2007.
Moved that the reports of the various Town Officers as printed in the Annual Town Report for
2007 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
FISCAL 2009 OPERATING BUDGET
FISCAL 2006 FISCAL 2007 FISCAL 2008 FISCAL 2009 FISCAL 2009
DEPARTMENT BUDGETED BUDGETED BUDGETED REQUESTED RECOMM'D
ADMINISTRATION
Moderator
Personal Services 573 573 573 573 573
Total $573 $573 $573 $573 $573
Selectmen
Personal Services 5,500 5,500 5,500 5,500 5,500
General Expenses 58,800 58,800 64,050 64,050 61,450
Total $64,300 $64,300 $69,550 $69,550 $66,950
Town Manager
Personal Services 115,000 120,000 125,000 125,000 125,000
Town Hall Clerical 400,147 420,664 427,031 399,417 389,554
General Expenses 6,550 35,050 39,150 44,900 39,900
Total $521,697 $575,714 $591,181 $569,317 $554,454
Advisory Committee
General Expenses 345 345 345 345 345
Reserve Fund 234,000 100,000 100,000 100,000 100,000
Total $234,345 $100,345 $100,345 $100,345 $100,345
Director of Finance
Personal Expenses 92,639 96,323 99,396 99,396 99,396
General Expenses 28,968 28,948 46,850 33,193 29,193
Total $121,607 $125,271 $146,246 $132,589 $128,589
Board of Assessors
Personal Expenses 65,830 69,355 71,675 72,025 72,025
General Expenses 26,855 27,655 35,355 35,980 33,780
Total $92,685 $97,010 $107,030 $108,005 $105,805
Treasurer/Collector
Personal Expenses 60,002 62,550 64,605 64,605 64,605
General Expenses 40,450 41,486 40,985 40,985 38,865
Total $100,452 $104,036 $105,590 $105,590 $103,470
Legal Services
Town Counsel Services 190,000 260,420 150,000 150,000 150,000
Total $190,000 $260,420 $150,000 $150,000 $150,000
Town Clerk
Personal Services-Elected 57,119 59,863 62,689 65,600 63,689
Personal Services 11,307 18,153 17,687 16,427 16,427
General Expenses 8,735 11,125 10,010 10,338 8,890
Total $77,161 $89,141 $90,386 $92,365 $89,006
3
Conservation Commission
General Expenses 37,400 37,374 31,910 31,910 31,260
Total $37,400 $37,374 $31,910 $31,910 $31,260
Planning Board
Personal Services 10,300 0 0 54,542 54,542
General Expenses 4,400 14,450 15,050 15,050 14,750
Total $14,700 $14,450 $15,050 $69,592 $69,292
Zoning Board of Appeals
General Expenses 4,385 3,025 2,560 2,560 2,260
Total $4,385 $3,025 $2,560 $2,560 $2,260
Town Reports
General Expenses 15,000 15,000 15,000 15,000 13,000
Total $15,000 $15,000 $15,000 $15,000 $13,000
Parking Clerk
General Expenses 2,000 1,800 1,200 1,200 1,200
Total $2,000 $1,800 $1,200 $1,200 $1,200
Unclassified
Audit of Accounts 8,500 12,000 12,000 12,000 12,000
S.S. Coalition 4,000 4,000 4,000 4,000 4,000
Water Purchase 50,000 30,000 30,000 30,000 30,000
Total $62,500 $46,000 $46,000 $46,000 $46,000
ADMINISTRATIVE TOTAL $1,538,805 $1,534,459 $1,472,621 $1,494,596 $1,462,204
PUBLIC SAFETY
Police Department
Personal Services 1,740,415 1,682,451 1,724,267 1,835,378 1,734,996
General Expenses 101,450 112,738 108,950 121,500 105,200
Total $1,841,865 $1,795,189 $1,833,217 $1,956,878 $1,840,196
Fire Department
Personal Services 1,607,642 1,617,808 1,668,279 1,695,703 1,644,344
General Expenses 147,345 165,295 193,095 203,785 195,710
Hydrant Services 67,414 87,120 17,120 17,120 17,120
Total $1,822,401 $1,870,223 $1,878,494 $1,916,608 $1,857,174
Building Commissioner
Personal Services 67,700 71,209 72,778 73,278 71,778
General Expenses 5,400 5,250 5,250 5,250 4,700
Total $73,100 $76,459 $78,028 $78,528 $76,478
Gas& Plumbing Inspector
General Expenses 8,000 10,000 10,000 10,000 9,500
Total i $8,0001 $10,0001 $10,0001 $10,0001 $9,500
4
Weights& Measures
Personal Services 2,600 2,678 2,678 2,678 2,678
General Expenses 450 450 0 450 0
Total $3,050 $3,128 $2,678 $3,128 $2,678
Wiring Inspector
General Expenses 17,500 17,500 17,950 19,164 17,550
Total $17,500 $17,500 $17,950 $19,164 $17,550
Civil Defense
Salaries& Expenses 5,350 5,350 7,850 7,850 5,350
Total $5,350 $5,350 $7,850 $7,850 $5,350
Harbormaster
Personal Services 62,589 61,623 64,435 64,435 64,435
General Expenses 5,100 8,050 9,400 9,400 7,900
Total $67,689 $69,673 $73,835 $73,835 $72,335
Shellfish
Personal Services 500 500 500 500 500
Total $500 $500 $500 $500 $500
PUBLIC SAFETY TOTAL $3,839,455 $3,848,022 $3,902,552 $4,066,491 $3,881,761
EDUCATION
Cohasset Schools
Salaries& Expenses 12,248,612 12,914,714 13,686,400 14,358,893 14,316,397
Total $12,248,612 $12,914,714 $13,686,400 $14,358,893 $14,316,397
South Shore VocTech
Vocational Assessment 95,770 105,910 144,752 133,028 133,028
Total $95,770 $105,910 $144,752 $133,028 $133,028
EDUCATION SERVICES TOTAL $12,344,382 $13,020,624 $13,831,152 $14,491,921 $14,449,425
PUBLIC WORKS/FACILITIES
Department of Public Works
Personal Services 700,327 718,166 736,299 743,812 743,812
General Expenses 161,715 185,395 194,400 204,050 197,590
Other Appropriations 390,036 427,473 425,110 425,110 433,110
Total $1,252,078 $1,331,034 $1,355,809 $1,372,972 $1,374,512
Snow& Ice
General Expenses 51,156 51,437 76,000 76,000 76,000
Total $51,156 $51,437 $76,000 $76,000 $76,000
Street Lighting
General Expenses 58,000 62,000 62,000 70,000 70,000
Total 1 $58,0001 $62,0001 $62,0001 $70,0001 $70,000
5
Building Maintenance
Personal Services 220,791 224,694 230,896 361,739 243,532
General Expenses 273,265 301,718 391,000 373,800 357,300
Total $494,056 $526,412 $621,896 $735,539 $600,832
PUBLIC WORKS/FACILITIES TOTAL $1,855,290 $1,970,883 $2,115,705 $2,254,511 $2,121,344
HEALTH &WELFARE
Board of Health
Personal Services 123,527 123,102 126,785 126,785 126,785
General Expenses 12,100 8,350 8,350 8,350 6,150
Total $135,627 $131,452 $135,135 $135,135 $132,935
Elder Affairs
Personal Services 126,972 138,829 154,578 156,972 154,226
General Expenses 31,160 42,510 39,400 39,400 38,400
Total $158,132 $181,339 $193,978 $196,372 $192,626
Veterans Services
Personal Services 1,600 1,600 1,600 1,600 1,600
General Expenses 425 225 100 100 100
Total $2,025 $1,825 $1,700 $1,700 $1,700
Commission on Disabilities
General Expenses 100 100 0 0 0
Total $100 $100 $0 $0 $0
HEALTH &WELFARE TOTAL $295,884 $314,716 $330,813 $333,207 $327,261
CULTURE& RECREATION
Library Services
Personal Services 355,683 361,450 377,776 403,583 384,515
General Expenses 100,211 110,085 108,118 110,304 98,104
Total $455,894 $471,535 $485,894 $513,887 $482,619
Recreation
Personal Services 118,425 121,946 127,601 124,905 124,775
General Expenses 6,380 6,380 6,680 6,680 5,905
Total $124,805 $128,326 $134,281 $131,585 $130,680
Common Historical Commission
General Expenses 200 100 100 100 100
Total $200 $100 $100 $100 $100
Historical Preservation
Personal Services 800 800 800 800 800
General Expenses 200 200 100 100 100
Total i $1,0001 $1,000 $900 $900 $900
Celebrations
6
General Expenses 2,500 5,000 5,000 5,000 5,000
Total $2,500 $5,000 $5,000 $5,000 $5,000
CULTURAL& REC.TOTAL $584,399 $605,961 $626,175 $651,472 $619,299
DEBT SERVICE
Non-Excluded Principle 1,152,935 1,195,005 1,327,727 1,208,413 1,208,413
Non-Excluded Interest 418,085 415,323 425,844 558,132 558,132
Excluded Principle 1,494,160 1,543,826 1,871,830 1,885,920 1,885,920
Excluded Interest 1,722,110 1,388,817 1,171,128 1,114,548 1,114,548
DEBT SERVICE TOTAL $4,787,290 $4,542,971 $4,796,529 $4,767,013 $4,767,013
BENEFITS &INSURANCE
Pensions
County Assessment 983,173 1,105,000 1,126,111 1,123,165 1,123,165
Total $983,173 $1,105,000 $1,126,111 $1,123,165 $1,123,165
Worker's Compensation
General Expenses 70,000 80,000 92,000 92,000 92,000
Total $70,000 $80,000 $92,000 $92,000 $92,000
Unemployment
General Expenses 35,000 30,109 20,000 20,000 20,000
Total $35,000 $30,109 $20,000 $20,000 $20,000
Health Insurance
General Expenses 1,966,000 2,157,500 2,500,000 2,580,000 2,580,000
Total $1,966,000 $2,157,500 $2,500,000 $2,580,000 $2,580,000
Life Insurance
General Expenses 8,000 9,000 11,000 9,000 9,000
Total $8,000 $9,000 $11,000 $9,000 $9,000
Medicare
General Expenses 190,000 200,000 206,000 226,000 226,000
Total $190,000 $200,000 $206,000 $226,000 $226,000
Property&Liability Insurance
General Expenses 202,500 218,000 236,200 236,000 236,000
Total $202,500 $218,000 $236,200 $236,000 $236,000
BENEFITS &INSURANCE TOTAL $3,454,673 $3,799,609 $4,191,311 $4,286,165 $4,286,165
ENTERPRISE FUNDS
Central Cohasset Sewer
General Expenses 499,166 538,706 624,897 624,467 624,467
Depreciation/Capital 57,292 82,292 144,253 30,000 30,000
Indirect Expenses 52,730 54,312 22,536 32,818 32,818
7
Debt Service 47,420 58,550 60,137 60,137 60,137
Total $656,608 $733,860 $851,823 $747,422 $747,422
North Cohasset Sewer
General Expenses 143,874 155,490 179,210 165,078 165,078
Depreciation/Capital 54,333 52,750 71,362 97,419 97,419
Indirect Expenses 19,500 20,085 20,688 11,529 11,529
Total $217,707 $228,325 $271,260 $274,026 $274,026
Water Enterprise Fund
General Expenses 1,269,000 1,188,600 1,207,600 1,236,100 1,236,100
Capital Outlay 0 0 0 0 0
Town Hall Services 31,296 32,000 32,000 32,000 32,000
Debt Service- Principle 708,531 777,159 857,070 1,022,443 1,022,443
Debt Service- Interest 446,331 695,391 898,930 1,148,000 1,148,000
Total $2,455,158 $2,693,150 $2,995,600 $3,438,543 $3,438,543
ENTERPRISE FUNDS TOTAL $3,329,473 $3,655,335 $4,118,683 $4,459,991 $4,459,991
GRAND TOTAL 1 $32,029,651 $33,292,580 $35,385,541 $36,805,367 $36,374,463
APPENDIX B - COMPENSATION AND CLASSIFICATION
SCHEDULES
PAY POSITIONS
AUTHORIZE HOUR
GROUP D S
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 F 1 20
Civilian Dispatch
Communications Supervisor H 1 40
Lead Dispatcher G 1 40
Dispatcher(FT) F 3 40
Dispatcher(PT) F 1 24
Dispatcher(PT) F 1 16
Elder Affairs
8
Director Contract 1 40
Elder Advocate 1 1 28
Volunteer Coordinator G 1 19
Clerk G 1 18
Van Driver F 1 19
Van Driver F 2 4
Facilities
Director Contract 1 40
Maintenance Worker G 2 40
Custodial Worker F 1 40
Custodial Worker F 1 19
Fire Department
Fire Chief Contract 1 40
Captain FS - 13 4 42
Lieutenant FS - 12 4 42
Firefighter- Paramedic FS - 11 15 42
Harbor Department
Harbormaster Contract 1 40
Board of Health
Health Agent Contract 1 12
Administrator Contract 1 40
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 29
Library Technician 1 22
Library Technician 2 21
Library Technician 2 20
Administrative Assistant 1 9
Planning Board
Administrator Contract 1 38
Police Department
Police Chief Contract 1 40
Lieutenant PS - 11 2 37.5
Sergeant PS - 11 3 37.5
Patrolman PS - 09 13 37.5
Secretary G 1 40
Department of Public Works
Superintendent Contract 1 40
9
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 35
Recreation
Director Contract 1 40
Board of Selectmen
Administrative Assistant 1 1 40
Secretary/Receptionist 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
Treasurer/Collector
Treasurer/Collector Contract 1 40
Assistant Treasurer/Collector H 1 40
Assistant to Treasurer G 1 35
Schedule 1a- Elected Employees
Town Clerk $63,689
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
Schedule 2a- Part Time Positions Annual
Veterans'Agent $1,600
Member, Board of Registrars $326
Sealer of Weights and Measurers $2,600
Town Archivist $600
Director of Emergency Management $350
Assistant Director of Emergency Management $100
10
Shellfish Constable $500
Animal Control Officer $16,808
Keeper of the Town Clock $100
Keeper of the Town Pump $100
Schedule 2b- Part Time Positions Hourly
Assistant Harbor Master $13
Casual Labor $8
Election Officers $12
Election Clerk $12
Election Warden $12
Summer Patrolman $14
Police Matron $13
Deputy Building Inspector(H-Min) $18
Library Pages $8
Recording Secretary $13
Schedule 3- Part Time Positions
Constable- Per Notice $20
Exempt Positions - Per the Fair Labor Standards Act
Health
Deputy Assessor/Appraiser Agent
Building Commissioner Chief Librarian
Director of Finance/Town Accountant Police Chief
Director of Facilities Recreation Director
Superintendent of Public
Elder Affairs Director Works
Fire Chief Town Manager
Harbormaster Treasurer/Collector
Health Administrator Town Planner
APPENDIX B- COMPENSATION & CLASSIFICATION SCHEDULES
Fiscal Year 2009
Grad
e 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
11
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. 489.60 515.60 542.80 569.60 598.40 627.60 655.60
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. 527.20 558.40 586.80 617.60 648.00 677.60 708.40
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. 568.80 602.80 633.60 666.40 698.80 732.00 764.80
F Hourly 15.36 16.25 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
12
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
MOVED that $36,374,463 be appropriated for the Fiscal Year 2009 Annual Town Budget to be
allotted as follows: $74,206 for salaries of elected Town Officials consisting of the Town Clerk
$63,689; 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 $36,300,257 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 2008 Annual Town Meeting and Appendix B of the Warrant for the
2008 Annual Town Warrant, a copy of which Appendices are incorporated here by reference, and
to meet the appropriation, the following transfers are made:
$3,438,543 from Water Revenue
$1,021,448 from Sewer Revenue
$ 250,000 from Free Cash (Surplus Revenue)
$ 75,000 from Overlay Surplus
$ 60,894 from School Construction Surplus Fund
$ 160,000 from Sewer Stabilization Fund
$ 60,000 from Pension Reserve
$ 11,645 from Waterways Fund
$ 5,000 from Wetlands Fund
And $31,291,933 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 vote is required. Motion adopted unanimously.
Article 4: Union Contracts & Other Salary Adjustments
To see if the Town will vote to raise and appropriate borrow pursuant to any applicable statute,
and/or transfer from available funds, a sum or sums of money, to be expended by the Town
13
Manager, to fund the FY09 cost items of a collective bargaining agreement between the Town,
represented by the Board of Selectmen, and the Fire Department employees represented by
Local 2804, Cohasset Permanent Firefighters, Police Department employees represented by the
New England Police Benevolent Association, Inc. Local 9000, the Library employees represented
by SEIU Local 888, Clerical employees represented by SEIU Local 888, and Public Safety
Dispatch employees represented by Teamsters Local Union No. 25in accordance with Chapter
150E of the General laws, and to fund salary adjustments for non-union and employees with
individual employment contracts, or take any other action related thereto.
MOVED that the article be indefinitely postponed.
Motion adopted.
Article 5: 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, or take any other action related thereto.
MOVED that Fifty Thousand Dollars ($50,000) be transferred from Free Cash (Surplus Revenue)
to be expended by the Town Manager for purpose of funding engineering design services for the
West Corner Culvert Replacement Project.
Motion adopted unanimously.
Article 6: Community Preservation Committee
To see if the Town will vote to adopt and approve the recommendations of the Community
Preservation Committee for Fiscal Year 2009, 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, or to take any action
related thereto.2
Recommendation A: Sub Account Allocations
That Fiscal Year 2009 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%) $ 50,000
Open Space Sub Account (10%) $ 50,000
Community Housing Sub Account (10%) 50,000
Total Budget $150,000
Recommendation B. Town Hall Restoration
That Three Hundred Thousand Dollars ($300,000) 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 rehabilitation and preservation to the exterior of the antique portion of Town Hall, including but
not limited the restoration of the windows, gutters, downspouts, clapboard chimney, acquisition of
14
storm windows, and other related work. All work must comply with the requirements of the
Community Preservation Act (G.L. ch. 44B, section 2 "rehabilitation" or any other applicable law).
Recommendation C. Stormwater Management
That Eighty-Eight Thousand Five Hundred Dollars ($88,500) 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 designing, installing and constructing of Stormwater Best Management Practice controls within
the James Brook watershed that are needed to reduce the impacts of stormwater pollution
affecting James Brook, Jacobs Meadow, Cohasset Cove and Cohasset Harbor including, but not
limited to, ten locations within a quarter mile radius of Jacobs Meadow on Elm Street, Pleasant
Street & Cushing Road, Norfolk Road & Cushing Road, South Main Street, North Main Street &
Robert Jason Road, Oak Street & Cushing Road, Cove Road, Pond Street & Cushing Road, Ash
Street & Cushing Road, Ripley Road, near Pratt Court and other related work. This project is
necessary to preserve James, Brook, Jacobs Meadow, Cohasset Cove, and Cohasset Harbor
from destruction.
Recommendation D. Housing Perc Tests
That Twenty Thousand Dollars ($20,000) be transferred from the Community Preservation Fund
Housing Resources 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
percolation tests and other related engineering work/studies to determine whether land owned by
the Town situated off Smith Place and Pleasant Lane is suitable for development.
Recommendation E. Historical Society
That Fifty One Thousand Seven Hundred Dollars ($51,700) be transferred from the Community
Preservation Fund Historical Resources 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 rehabilitation and restoration of the Cohasset Historical Society's (former) Paul
Pratt Memorial Library to rehabilitate the cupola windows, Front door and loggia, and Rotunda
glass dome, installation of ultra-violet filtered Plexiglas inserts at each window of the Cohasset
historical Society's Wilson House and Cohasset Historical Society's Maritime Museum, and the
acquisition and installation of textile storage racks for the purpose of preserving the Cohasset
Historical Society's archives including textiles and other artifacts 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 before performing any of the work and/or contracting for services. All work to (former)
Paul Pratt Memorial Library, Wilson House and Maritime Museum must comply with the
requirements of the Community Preservation Act (G.L. ch. 44B, section 2 "rehabilitation" or any
other applicable law).
Recommendation F. Water Department
15
That Twenty Five Thousand Dollars ($25,000) be transferred from the Community Preservation
Fund Open Space Account and One Hundred Fifty Thousand )$150,000) Dollars from the
Community Preservation Discretionary Sub Account, for a total of One Hundred Seventy-Five
Thousand ($175,000) Dollars, with the intention that these funds be available in FY 2008 and
thereafter, which funds are to be expended by the Town Manager to acquire by purchase, gift or
eminent domain the following parcel of land found on Assessor's Map Parcel 66-7 (20.43 acres)
(described by deed recorded in Norfolk County Registry of Deeds in Book 5244 at Page 104.
Said property is to be acquired in fee simple title for watershed, open space and recreation
purposes. The parcel is the last of 15 parcels authorized by the Annual Town Meeting March 27,
2004, Article 13. The assemblage of land for open space and watershed protection came to be
known as the Brass Kettle Brook Conservation Area. The town is authorized to grant a
conservation restriction to the Trustees of Reservations requiring that this land be used only for
watershed, open space and recreation purposes.
Recommendation G. Town Clerk
That Ten Thousand Dollars ($10,000) be transferred from the Community Preservation Fund
Historical Resources Sub Account and Forty Thousand Dollars ($40,000) transferred from the
Community Preservation Fund Discretionary Sub Account for a total of Fifty Thousand Dollars
($50,000) 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 preserving and making various
restorative improvements to the Town Clerk's ancient records and vital statistics.
Recommendation H. Harbor Health Committee
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 Fiscal 2008
and thereafter, which funds are to be expended by the Town Manager for the purposes of
constructing/restoring the culvert running between the Gulf River and Cohasset Harbor and other
related costs, which project is necessary to preserve the Cohasset Harbor, Cohasset Cove and
the Gulf River from destruction. Notwithstanding the above, the Harbor Health Committee and or
the Conservation Commission must, prior to December 31, 2009, demonstrate to the Town
Manager's satisfaction, that it has raised all additional money necessary for completing this
project. If the Harbor Health Committee and/or the Conservation Commission fail to receive the
Town 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.
Recommendation I. American Legion
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 installing a
fire sprinkler system, and other related work to the American Legion George H. Mealy Post 118,
which is a historical built circa 1850 known as the "Guild Building" or "Legion Hall" and which
formerly housed the U.S. Customs and Immigration Service for the Port of Cohasset during the
1800's. Notwithstanding the above, the American Legion must, prior to December 31, 2009,
demonstrate to the Town Manager's satisfaction, that it has raised all additional money necessary
for completing the this project before any work may commence on this project. If the American
Legion fails to receive the Town 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. The project will be supervised by the
Town Manager. The American Legion 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
16
(or that of his agents) of the work performed. All payment shall be made by the Town directly to
the vendor.
Recommendation J. Harbor Stu*
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 paying a
portion of the costs for retaining a municipal planner to prepare a concept plan for the future uses
of Cohasset Harbor and the land surrounding it. The plan will focus on opportunities for open
space, public access to the harbor, community housing, historical preservation, economic
viability and include a build out analysis and recommendations for potential zoning changes.
Recommendation K. Debt Service Payment
That Thirty-Eight Thousand Four Hundred Seventy Nine Dollars ($38,479) 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 12 (Recommendation E) of the
2004 annual town meeting (open space land acquisition).
Moved to vote the appropriation as recommended by the Community Preservation Committee as
set forth In Appendix D of the warrant shown as recommendations A through I, and K.
Recommendation J was withdrawn.
Motion adopted unanimously.
Article 7: Unpaid Bills from Previous Years
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow,
pursuant to any applicable statute, a sum or sums of money, to be expended by the Town
Manager, to pay for unpaid bills from previous fiscal years, or to take any other action related
thereto.
MOVED that the article be indefinitely postponed.
Motion adopted unanimously.
Article 8: Supplemental Appropriations for Fiscal 2008
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, 2008, or to take any other action related thereto.
MOVED that One Hundred Seventy Five Thousand Dollars ($175,000), be hereby appropriated to
the Fiscal 2008 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, 2007 Special Town Meeting), which funds after transfer are to be
expended by the Town Manager, to supplement certain departmental budgets and appropriations
set forth below to complete the fiscal year ending June 30, 2008, as follows.
Transfer Funds to:
17
Legal Services Budget $ 75,000 Legal Services
Planning Board General Expenses $ 10,000 Zoning Bylaw Recodification
Police Department Salaries $ 80,000 Overtime
Facilities Maintenance Salaries $ 10,000 Overtime
--------------------------------------------------------------------------------------------------------------
TOTAL AMOUNT TRANSFERRED $ 175,000
And to fund this appropriation, One Hundred Seventy Five Thousand Dollars ($175,000) be
transferred from Free Cash (Surplus Revenue).
Motion adopted.
Article 9: Capital Stabilization Fund
To see if the Town will vote to create a Capital Stabilization Fund pursuant to Chapter 40, Section
5B of the General Laws for the purpose of funding various capital improvements, capital projects
and/or capital equipment for the various departments, boards, commissions and agencies of the
town; and to raise and appropriate, transfer from available funds and/or borrow pursuant to any
applicable statute a sum of money to be deposited into said Capital Stabilization Fund, any other
action related thereto.
MOVED that a Capital Stabilization Fund be hereby established in the treasury of the town
pursuant to Chapter 40, Section 5B of the General Laws beginning July 1, 2008 and continuing
thereafter, for the purpose of funding various capital improvements, capital projects and/or capital
equipment for the various departments, boards, commissions and agencies of the town; and
further that the sum of Two Hundred Fifty Thousand Dollars ($250,000) be hereby appropriated
for deposit into the Capital Stabilization Fund; and to meet this appropriation, One Hundred
Twenty Five Thousand Dollars ($125,000) be raised and appropriated from taxation and other
general revenues of the Town and One Hundred Twenty Five Thousand Dollars ($125,000) be
transferred from Free Cash (Surplus Revenue) in the treasury of the town.
A 2/3 vote required. Motion adopted unanimously.
Article 10: Post-Retirement Health Insurance Liability Stabilization Fund
To see if the Town will vote to create a Post-Retirement Health Insurance Liability Stabilization
Fund pursuant to Chapter 40, Section 5B of the General Laws for the purpose of funding health
insurance expenses for future retired town employees, and to raise and appropriate, transfer
from available funds and/or borrow pursuant to any applicable statute a sum of money to be
deposited into said Post-Retirement Health Insurance Liability Stabilization Fund, or take any
other action related thereto.
MOVED that a Post-Retirement Health Insurance Liability Stabilization Fund be hereby
established in the treasury of the town pursuant to Chapter 40, Section 5B of the General Laws
beginning July 1, 2008 and continuing thereafter for the purpose of funding health insurance
expenses for future retired town employees, and that the sum of One Hundred Thousand Dollars
($100,000) be hereby appropriated for deposit into the Post-Retirement Health Insurance Liability
Stabilization Fund; and to meet this appropriation, the sum of One Hundred Thousand Dollars
($100,000) be transferred from the Health Insurance budget approved for Fiscal 2008 as
appropriated under Article 3 of the 2007 Annual Town Meeting.
A 2/3 vote required. Motion adopted unanimously.
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Article 11: Amendments to Personnel Classification and Compensation Plan Bylaw
To see if the Town will vote to amend Article XI (Personnel Classification and Compensation
Plan), Section 6 (Fringe Benefits), said amendments on file in the Office of the Board of
Selectmen, or take any other action related thereto.
MOVED that General Bylaws, Article XI, Personnel Classification and Compensation Plan be
hereby amended as follows:
Section 6(a) Vacation Leave is hereby amended by deleting the words "Upon completion of ten
(10) years of service — four (4) weeks/year" and adding the following at the end of the first
paragraph: "From ten (10) years to nineteen (19) years of service — four (4) weeks/year. Upon
completion of twenty(20)years of service—five (5)weeks/year.
Section 6 (c) is hereby amended by substituting the words "two (2) days" for the words "one (1)
day" in the first sentence.
Motion adopted unanimously.
Article 12: Amendment to Smoking Bylaw
To see if the Town will vote to amend the General Bylaws, Article VII, Safety and Public Order,
Section 33, Smoking Bylaw, as follows, by amending Section 33.(b)v. by inserting in the fifth line
after"libraries;"the following: "membership association;"
and by inserting the following new Section 33.(b)v. and renumbering existing Sections 33.(b)v.
through xii. accordingly:
V. Membership Association", a not-for-profit entity that has been established and operates,
for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreation
or similar purpose, and is comprised of members who collectively belong to:
(1) a society, organization or association of a fraternal nature that operates under
the lodge system, and having 1 or more affiliated chapters or branches incorporated in any state;
or
(2) a corporation organized under chapter 180 ; or
(3) an established religious place of worship or instruction in the commonwealth
whose real or personal property is exempt from taxation; or
(4) a veterans' organization incorporated or chartered by the Congress of the United
States, or otherwise, having 1 or more affiliated chapters or branches incorporated in any state.
(5) Except for a religious place of worship or instruction, an entity shall not be a membership
association for the purposes of this definition, unless individual membership is required for all
members of the association for a period of not less than 90 days. or take any other action related
thereto.
MOVED that this article be indefinitely postponed.
19
Motion adopted unanimously.
Article 13: South Shore Recycling Cooperative Memorandum of Agreement
To see if the Town will vote to authorize the Board of Selectmen to enter into a five year
extension of the Intermunicipal Agreement relative to the South Shore Recycling Cooperative,
effective July 1, 2008, or take any other action related thereto.
MOVED that the Town the Board of Selectmen be hereby authorized to enter into a five year
extension of the Intermunicipal Agreement relative to the South Shore Recycling Cooperative,
effective July 1, 2008. thereto.
Motion adopted unanimously.
Commendation offered by Ralph Dormitzer for Gary Vanderweil.
COMMENDATION
WHEREAS, Gary Vanderweil previously served 18 years as a member of the Cohasset Sewer
Commission, including 5 years as Chairman; and
WHEREAS, Gary Vanderweil was elected to the Board of Selectmen in 2005 and has served
with honor and distinction over the past three years, including the past year as Chairman of the
Board; and
WHEREAS, as a member of the Board of Selectmen, Gary Vanderweil has brought great
wisdom to the many issues that face our community; and
WHEREAS, as Chairman of the Board of Selectman, Gary Vanderweil has helped the Board
discharge its responsibilities in a very effective and efficient manner; 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 Gary Vanderweil:
NOW THEREFORE BE IT RESOLVED that the Citizens of Cohasset, assembled at Annual
Town Meeting hereby acknowledge and affirm their appreciation to Selectman Gary
Vanderweil 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 twenty ninth day of
March in the year Two Thousand Eight.
Commendation adopted unanimously.
Article 14: Zoning Bylaw Amendment: Wind Energy Conversion Facility Bylaw
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To see if the town will vote to amend the zoning bylaws by adding a new Section 19: Town of
Cohasset Wind Energy Conversion Facility Bylaw to read as follows:
19.1 Purpose and Intent
It is the express purpose of this bylaw to accommodate large distributed generation, wind
energy conversion facilities, hereinafter referred to as a wind turbine(s), in appropriate
locations, while minimizing any adverse visual, safety and environmental impacts of the
facilities. The bylaw enables the review of wind turbines by the town's Planning Board in
keeping with the Town's existing bylaws. This bylaw is intended to be used in conjunction
with other regulations adopted by the Town, including historic district regulations, site plan
review and other local bylaws designed to encourage appropriate land use, environmental
protection, and provision of adequate infrastructure development in Cohasset.
19.2. Definitions
Height: The height of a turbine(s) is measured to the highest point reached by the blades.
The height of the tower will be measured to the top of the nacelle.
Nacelle: The frame and housing at the top of the tower that encloses the gearbox and
generators and protects them from the weather.
Rotor: The blades and hub of the wind turbine(s)that rotate during turbine operation.
Set Back: The base of the tower to the nearest lot line.
Size: Only wind turbines greater than 500 kilowatts are covered by this Bylaw
Special Permit Granting Authority (SPGA): Board designated by zoning ordinance or
bylaw with the authority to issue permits.
Wind energy conversion facility: All equipment, machinery and structures utilized in
connection with the conversion of wind to electricity. This includes, but is not limited to, all
transmission, storage, collection and supply equipment, substations, transformers, site
access, service roads and machinery associated with the use. A wind energy conversion
facility may consist of one or more wind turbines.
Wind Turbine Flickering: The blinking effect while the rotor is in motion. Attention will be
paid to siting the wind turbine(s)to reduce significant flickering.
Wind Monitoring or Meteorological ("test" or "met ") Towers: Tower used for
supporting anemometer, wind vane and other equipment to assess the wind resource at a
predetermined height above the ground.
Wind turbine: A device that converts kinetic energy of the wind into rotational energy to
turn an electrical generator shaft. A wind turbine typically consists of a rotor, nacelle and
supporting tower.
19.3 District Regulations
19.3.1 Use Regulations:
19.3.1 Wind Turbine
The construction of any wind turbine under this Bylaw shall be permitted in all zoning
districts, subject to issuance of a Special Permit and provided the proposed use complies
21
with all Dimensional and Special Permit Requirements set forth in Sections 19.3 and 19.4 of
this bylaw.
19.3.1.2. Wind Monitoring or Meteorological Towers
Temporary erection of Wind Monitoring or Meteorological Towers shall be permitted in all
zoning districts subject to the issuance of a building permit for a temporary structure for not
more than eighteen months.
19.3.2 Site Control
The applicant shall submit with the application documentation of the applicant's legal right to
install and use the proposed facility at the subject property. Documentation should also
include proof of control over the setback areas.
19.3.3 Dimensional Requirements
All wind turbines shall comply with the requirements set forth in this Section 19.3.3.
19.3.3.1 Height
Wind turbines shall have a maximum height of 350-feet, as measured from the Pre-
Construction Grade to the highest point reached by the nacelle. The SPGA may allow this
height to be exceeded as part of the special permit process if the project proponent can
demonstrate that the additional height is needed and that the additional benefits of the higher
tower outweigh any adverse impacts. Monopole towers are the preferred type of support for
wind turbines.
19.3.3.2 Setback
a) Each wind energy conversion facility and its associated equipment shall comply with
the
building setback provisions of the zoning district in which the facility is located.
b) In addition, the following setbacks shall be observed:
1. In order to ensure public safety and to protect the interest of neighboring property
owners, the minimum distance from the base of any wind turbine tower to any
property line in a residential district, shall be equal to the total height of the turbine
to the highest point.
19.4 Special Permit Criteria
The SPGA may grant a Special Permit only if it finds that the proposal complies with the
provisions of this bylaw and is consistent with the applicable criteria for granting Special
Permits.
19.4.1 General
Proposed wind turbine(s) shall comply with all applicable local, state and federal
requirements, including but not limited to all applicable electrical, construction, noise, safety,
environmental and communications requirements.
19.4.1.1 Visual Impact
The proponent shall demonstrate through project siting and proposed mitigation that the wind
turbine minimizes any impact on the visual character of surrounding neighborhoods and the
22
community; this may include, without limitation, information regarding site selection, turbine
design, buffering, lighting and cable layout.
19.4.1.2. Color
Wind turbine(s) shall be painted a non-reflective color.
19.4.1.3. Lighting and Signage
Wind turbine(s) shall be lighted only if required by the Federal Aviation Administration (FAA).
The proponent shall provide a copy of the FAA's determination to establish the required
marking
and /or lights for the structure.
a) Lighting of equipment structures and any other facilities on site (except lighting) required
by the FAA shall be shielded from abutting properties.
b) Signs on the facility shall be limited to:
1. those needed to identify the property and the owner and warn of any danger; and,
2. educational signs providing information on the technology and renewable energy
usage.
c)All signs shall comply with the requirements of the Town's sign regulations unless relief
is
granted by the S.P.G.A.
19.4.2.1 Land Clearing/Open Space/Rare Species
Wind turbines shall be designed to minimize land clearing and fragmentation of open space
areas and shall avoid permanently protected open space when feasible. Wind turbines
should be sited to make use of previously developed areas wherever possible. Wind turbines
facilities shall also be located in a manner that does not have significant negative impacts on
rare species in the vicinity (particularly avian species, bats, etc.) as may be applicable law.
19.4.2.2. Storm water
Storm water run-off and erosion control shall be managed in a manner consistent with all
applicable state and local law.
19.4.2.3 Noise
The wind turbine and associated equipment shall conform with Massachusetts noise
regulations (310 CMR 7.10). An analysis prepared by a qualified engineer shall be presented
to demonstrate compliance with these noise standards and shall be consistent with
Massachusetts Department of Environmental Protection guidance for noise measurement.
19.4.2.4. Shadowing/Flicker
Wind turbines shall be sited in a manner that does not result in significant shadowing or
flicker impacts. Applicant must demonstrate that this effect does not have significant adverse
impact on adjacent uses through siting.
19.5 Uses by Telecommunications Carriers
Wind turbines may be used to locate telecommunications antennas, subject to applicable law
governing such uses and structures, and subject to the following additional requirements:
a) All ground-mounted telecommunications equipment shall be located in either a shelter,
within the wind turbine tower or otherwise screened from view year-round(either
through effective landscaping or existing natural vegetated buffers);
23
b) Antennas shall be flush-mounted to be in keeping with the design of the wind turbine
tower; and;
c) All cabling associated with the personal wireless facility shall be contained within the
tower structure or enclosed within a conduit painted to match the turbine mount.
19.6 Monitoring and Maintenance
19.6.1 After the wind turbine is operational, the applicant shall submit to the SPGA at annual
intervals from the date of issuance of the Special Permit, a report detailing operating
data for the facility (including but not limited to days of operation, energy production in
accordance with the special permit conditions)
19.6.2 The applicant shall maintain the wind energy conversion facility in good condition. Such
maintenance shall include, without limitations, painting, structural integrity of the
foundation and support structure and security barrier (if applicable), and maintenance of
the buffer areas and landscaping if present.
19.6.3 Notice shall be provided to the SPGA of any change in ownership of the facility.
19.7 Abandonment or Discontinuation of Use
19.7.1 Within six months that a wind turbine(s) is scheduled to be discontinued, the applicant will
notify the SPGA by certified U.S. mail of the proposed date of abandonment or
discontinuance of operations. In the event that an applicant fails to give such notice, the
facility shall be considered abandoned or discontinued if the facility is inoperable for 190
days. In the case of a multi-turbine facility, the SPGA shall determine in its decision what
proportion of the facility would be inoperable for the facility to be considered abandoned.
19.7.2 Upon abandonment or discontinuation of use, the owner shall physically remove the wind
turbine(s) within 90 days from the date of abandonment or discontinuation of use. This
period may be extended at the request of the owner and at the discretion of the SPGA."
Physically remove" shall include, but not be limited to:
a) Removal of the wind turbine(s) and tower(s), all machinery, equipment, equipment
shelters, security barriers and all appurtenant structures from the subject property.
b) Proper disposal of all solid or hazardous materials and wastes from the site in
accordance with local and state solid waste disposal regulations,
c) Restoration of the location of the wind turbine(s) to its natural condition, except that
any landscaping, grading or below grade foundation may remain in the after-
condition.
19.7.3 If an applicant fails to remove a wind turbine in accordance with this section of this bylaw,
the Town shall have the authority to enter the subject property and physically remove the
facility. The SPGA may in its decision provide a form of surety (i.e. post a bond, letter of
credit or establish an escrow account or other) at the SPGA's election to cover costs of
removal in the event the town must remove the facility. The amount of such surety shall
be equal to 150 percent of the cost of removal of the facility as determined by a qualified
engineer. The amount shall include a mechanism for a Cost of Living Adjustment after
10 and 15 years.
19.8 Terms of Special Permit
24
A Special Permit issued for any wind turbine(s) facility shall be valid for 25 years unless
extended or renewed. At the end of that time period, the wind turbine(s) shall be
removed by the applicant.
19.9 Application Procedures
19.9.1 Special Permit Granting Authority (SPGA)
The SPGA for wind energy conversion facilities, also referred to as Wind Turbine(s) is
this bylaw shall be the Planning Board.
Or, take any other action related thereto.
MOVED that the town vote to amend the zoning bylaws by adding a new Section 19: Town of
Cohasset Wind Energy Conversion Facility Bylaw to read as follows:
19.1 Purpose and Intent
It is the express purpose of this bylaw to accommodate large distributed generation, wind
energy conversion facilities, hereinafter referred to as a wind turbine(s), in appropriate
locations, while minimizing any adverse visual, safety and environmental impacts of the
facilities. The bylaw enables the review of wind turbines by the town's Planning Board in
keeping with the Town's existing bylaws. This bylaw is intended to be used in conjunction
with other regulations adopted by the Town, including historic district regulations, site plan
review and other local bylaws designed to encourage appropriate land use, environmental
protection, and provision of adequate infrastructure development in Cohasset.
19.2. Definitions
Height: The height of a turbine(s) is measured to the highest point reached by the blades.
The height of the tower will be measured to the top of the nacelle.
Nacelle: The frame and housing at the top of the tower that encloses the gearbox and
generators and protects them from the weather.
Rotor: The blades and hub of the wind turbine(s)that rotate during turbine operation.
Set Back: The base of the tower to the nearest lot line.
Size: Only wind turbines greater than 500 kilowatts are covered by this Bylaw
Special Permit Granting Authority (SPGA): Board designated by zoning ordinance or
bylaw with the authority to issue permits.
Wind energy conversion facility: All equipment, machinery and structures utilized in
connection with the conversion of wind to electricity. This includes, but is not limited to, all
transmission, storage, collection and supply equipment, substations, transformers, site
25
access, service roads and machinery associated with the use. A wind energy conversion
facility may consist of one or more wind turbines.
Wind Turbine Flickering: The blinking effect while the rotor is in motion. Attention will be
paid to siting the wind turbine(s)to reduce significant flickering.
Wind Monitoring or Meteorological ("test" or "met ") Towers: Tower used for
supporting anemometer, wind vane and other equipment to assess the wind resource at a
predetermined height above the ground.
Wind turbine: A device that converts kinetic energy of the wind into rotational energy to
turn an electrical generator shaft. A wind turbine typically consists of a rotor, nacelle and
supporting tower.
19.3 District Regulations
19.3.1 Use Regulations:
19.3.1 Wind Turbine
The construction of any wind turbine under this Bylaw shall be permitted in all zoning
districts, subject to issuance of a Special Permit and provided the proposed use complies
with all Dimensional and Special Permit Requirements set forth in Sections 19.3 and 19.4 of
this bylaw.
19.3.1.2. Wind Monitoring or Meteorological Towers
Temporary erection of Wind Monitoring or Meteorological Towers shall be permitted in all
zoning districts subject to the issuance of a building permit for a temporary structure for not
more than eighteen months.
19.3.2 Site Control
The applicant shall submit with the application documentation of the applicant's legal right to
install and use the proposed facility at the subject property. Documentation should also
include proof of control over the setback areas.
19.3.3 Dimensional Requirements
All wind turbines shall comply with the requirements set forth in this Section 19.3.3.
19.3.3.1 Height
Wind turbines shall have a maximum height of 350-feet, as measured from the Pre-
Construction Grade to the highest point reached by the nacelle. The SPGA may allow this
height to be exceeded as part of the special permit process if the project proponent can
demonstrate that the additional height is needed and that the additional benefits of the higher
tower outweigh any adverse impacts. Monopole towers are the preferred type of support for
wind turbines.
19.3.3.2 Setback
a) Each wind energy conversion facility and its associated equipment shall comply with
the
building setback provisions of the zoning district in which the facility is located.
b) In addition, the following setbacks shall be observed:
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1. In order to ensure public safety and to protect the interest of neighboring property
owners, the minimum distance from the base of any wind turbine tower to any
property line in a residential district, shall be equal to the total height of the turbine
to the highest point.
19.4 Special Permit Criteria
The SPGA may grant a Special Permit only if it finds that the proposal complies with the
provisions of this bylaw and is consistent with the applicable criteria for granting Special
Permits.
19.4.1 General
Proposed wind turbine(s) shall comply with all applicable local, state and federal
requirements, including but not limited to all applicable electrical, construction, noise, safety,
environmental and communications requirements.
19.4.1.1 Visual Impact
The proponent shall demonstrate through project siting and proposed mitigation that the wind
turbine minimizes any impact on the visual character of surrounding neighborhoods and the
community; this may include, without limitation, information regarding site selection, turbine
design, buffering, lighting and cable layout.
19.4.1.2. Color
Wind turbine(s) shall be painted a non-reflective color.
19.4.1.3. Lighting and Signage
Wind turbine(s) shall be lighted only if required by the Federal Aviation Administration (FAA).
The proponent shall provide a copy of the FAA's determination to establish the required
marking
and /or lights for the structure.
d) Lighting of equipment structures and any other facilities on site (except lighting) required
by the FAA shall be shielded from abutting properties.
e) Signs on the facility shall be limited to:
1. those needed to identify the property and the owner and warn of any danger; and,
2. educational signs providing information on the technology and renewable energy
usage.
f) All signs shall comply with the requirements of the Town's sign regulations unless relief
is
granted by the S.P.G.A.
19.4.2.1 Land Clearing/Open Space/Rare Species
Wind turbines shall be designed to minimize land clearing and fragmentation of open space
areas and shall avoid permanently protected open space when feasible. Wind turbines
should be sited to make use of previously developed areas wherever possible. Wind turbines
facilities shall also be located in a manner that does not have significant negative impacts on
rare species in the vicinity (particularly avian species, bats, etc.) as may be applicable law.
19.4.2.2. Storm water
Storm water run-off and erosion control shall be managed in a manner consistent with all
applicable state and local law.
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19.4.2.3 Noise
The wind turbine and associated equipment shall conform with Massachusetts noise
regulations (310 CMR 7.10). An analysis prepared by a qualified engineer shall be presented
to demonstrate compliance with these noise standards and shall be consistent with
Massachusetts Department of Environmental Protection guidance for noise measurement.
19.4.2.4. Shadowing/Flicker
Wind turbines shall be sited in a manner that does not result in significant shadowing or
flicker impacts. Applicant must demonstrate that this effect does not have significant adverse
impact on adjacent uses through siting.
19.5 Uses by Telecommunications Carriers
Wind turbines may be used to locate telecommunications antennas, subject to applicable law
governing such uses and structures, and subject to the following additional requirements:
d) All ground-mounted telecommunications equipment shall be located in either a shelter,
within the wind turbine tower or otherwise screened from view year-round(either
through effective landscaping or existing natural vegetated buffers);
e) Antennas shall be flush-mounted to be in keeping with the design of the wind turbine
tower; and;
f) All cabling associated with the personal wireless facility shall be contained within the
tower structure or enclosed within a conduit painted to match the turbine mount.
19.6 Monitoring and Maintenance
19.6.1 After the wind turbine is operational, the applicant shall submit to the SPGA at annual
intervals from the date of issuance of the Special Permit, a report detailing operating
data for the facility (including but not limited to days of operation, energy production in
accordance with the special permit conditions)
19.6.2 The applicant shall maintain the wind energy conversion facility in good condition. Such
maintenance shall include, without limitations, painting, structural integrity of the
foundation and support structure and security barrier (if applicable), and maintenance of
the buffer areas and landscaping if present.
19.6.3 Notice shall be provided to the SPGA of any change in ownership of the facility.
19.7 Abandonment or Discontinuation of Use
19.7.1 Within six months that a wind turbine(s) is scheduled to be discontinued, the applicant will
notify the SPGA by certified U.S. mail of the proposed date of abandonment or
discontinuance of operations. In the event that an applicant fails to give such notice, the
facility shall be considered abandoned or discontinued if the facility is inoperable for 190
days. In the case of a multi-turbine facility, the SPGA shall determine in its decision what
proportion of the facility would be inoperable for the facility to be considered abandoned.
19.7.2 Upon abandonment or discontinuation of use, the owner shall physically remove the wind
turbine(s) within 90 days from the date of abandonment or discontinuation of use. This
period may be extended at the request of the owner and at the discretion of the SPGA."
Physically remove" shall include, but not be limited to:
d) Removal of the wind turbine(s) and tower(s), all machinery, equipment, equipment
shelters, security barriers and all appurtenant structures from the subject property.
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e) Proper disposal of all solid or hazardous materials and wastes from the site in
accordance with local and state solid waste disposal regulations,
f)Restoration of the location of the wind turbine(s)to its natural condition, except that any
landscaping, grading or below grade foundation may remain in the after-condition.
19.7.3 If an applicant fails to remove a wind turbine in accordance with this section of this bylaw,
the Town shall have the authority to enter the subject property and physically remove the
facility. The SPGA may in its decision provide a form of surety (i.e. post a bond, letter of
credit or establish an escrow account or other) at the SPGA's election to cover costs of
removal in the event the town must remove the facility. The amount of such surety shall
be equal to 150 percent of the cost of removal of the facility as determined by a qualified
engineer. The amount shall include a mechanism for a Cost of Living Adjustment after
10 and 15 years.
19.8 Terms of Special Permit
A Special Permit issued for any wind turbine(s) facility shall be valid for 25 years unless
extended or renewed. At the end of that time period, the wind turbine(s) shall be
removed by the applicant.
19.9 Application Procedures
19.9.1 Special Permit Granting Authority (SPGA)
The SPGA for wind energy conversion facilities, also referred to as Wind Turbine(s) is
this bylaw shall be the Planning Board.
Planning Board recommends passage of this article.
A 2/3's vote required. Motion adopted unanimously.
Article 15: Zoning Bylaw Amendment—Section 4.2 Permitted Uses—Table of Use
Regulations
To see if the Town will vote to amend Section 4.2, "Permitted Uses, Table of Use Regulations", of
the Zoning Bylaws to indicate that Wind Energy Conversion Facilities are allowed in all zoning
districts by special permit issued by the Planning Board (SPP) by inserting the following after
"Helicopter landing area and commercial communication towers" under the heading "Retail &
Service:"
Office &
Residential Non-Residential Open Space
District
USE R-A R-B R-C DB WB HB TB LI OS
Wind energy SPP SPP SPP SPP SPP SPP SPP SPP SPP
conversion facility
Or take any other action related thereto.
MOVED that the Town vote to amend Section 4.2, "Permitted Uses, Table of Use Regulations", of
the Zoning Bylaws to indicate that Wind Energy Conversion Facilities are allowed in all zoning
districts by special permit issued by the Planning Board (SPP) by inserting the following after
"Helicopter landing area and commercial communication towers" under the heading "Retail &
Service:"
Office &
29
Residential Non-Residential Open Space
District
USE R-A R-B R-C DB WB HB TB LI OS
Wind energy SPP SPP SPP SPP SPP SPP SPP SPP SPP
conversion facility
Planning Board recommends passage of this article.
A 2/3's vote required. Motion adopted unanimously.
Commendation offered by Robin Lawrence, member of the Board of Health.
COMMENDATION
WHEREAS, Judy Fitzsimmons has served as Cohasset's Public Health Nurse for the past
twenty-two years, fifteen years as a contract employee with the Social Service League and the
past seven years as a town employee; and
WHEREAS, Judy Fitzsimmons has now retired from her position as Public Health Nurse after
many years of dedicated and professional service; and
WHEREAS, during Judy Fitzsimmons' tenure as Public Health Nurse, she ran the important
vaccine distribution program, diligently pursued communicable disease surveillance and
epidemiological follow up while always maintaining patient privacy; and
WHEREAS, Judy Fitzsimmons initiated Medicare reimbursement for vaccine administration,
making Cohasset one of the first communities in the Commonwealth to receive such
reimbursement; and
WHEREAS, as Public Health Nurse, Judy Fitzsimmons has been influential in developing the
Pandemic Flu Response Plan and other emergency plans; and
WHEREAS, Judy Fitzsimmons will be sorely missed by her clients to whom she provided
outstanding personalized care; and
WHEREAS, the Board of Health now recommends this Unanimous Motion for Commendation to
Judy Fitzsimmons:
NOW THEREFORE BE IT RESOLVED that the Citizens of Cohasset, assembled at the
Annual Town Meeting hereby acknowledge and affirm their appreciation to Judy
Fitzsimmons 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 twenty ninth day of
March in the year Two Thousand Eight.
Commendation adopted unanimously.
Article 16: Zoning Bylaw Amendment—Amendment to Section 8
To see if the Town will vote to amend Section 8 of the Zoning Bylaw by:
(a) adding to the end of subsection 8.1 the sentence:
30
The planning board shall be the special permit granting authority under this section in the VB
district and the board of appeals shall be the special permit granting authority under this
section in all other districts; and,
(b) replacing the words "board of appeals" where they appear in subsections 8.7, 8.8 and
8.10 with the words "special permit granting authority".
MOVED that the Town vote to amend Section 8 of the Zoning Bylaw by:
(a) adding to the end of subsection 8.1 the sentence:
The planning board shall be the special permit granting authority under this section in the VB
district and the board of appeals shall be the special permit granting authority under this
section in all other districts; and,
(b) replacing the words "board of appeals" where they appear in subsections 8.7, 8.8 and 8.10
with the words "special permit granting authority".
Planning Board recommends passage of this article.
A 2/3's vote required. Motion adopted unanimously.
Article 17: Photovoltaic Array System at Paul Pratt Memorial Library
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow
pursuant to any applicable statute a sum of money to be expended by the Town Manager to
install a photovoltaic array at the Paul Pratt Memorial Library, or take any other action related
thereto.
MOVED that the article be indefinitely postponed.
Motion adopted unanimously.
At this time the Girls Basketball Team was introduced and recognized for winning the State
Championship.
Article 18: Sewer Betterment Abatement
To see if the town will vote to raise and appropriate, transfer from available funds or otherwise
provide the sum of $6066.99 for the purpose of returning the sewer betterment assessed and
paid for the property located at Map 32 Plot 55, or take any other action relative thereto.
MOVED that Six Thousand Sixty Six Dollars and Ninety Nine Cents ($6,066.99) be appropriated
for the purpose of returning the sewer betterment assessed and paid for the property located at
Map 32 Plot 55; and to meet this appropriation, the sum of Six Thousand Sixty Six Dollars and
Ninety Nine Cents ($6,066.99) be transferred from Free Cash (Surplus Revenue) in the treasury
of the town.
Motion adopted unanimously.
Commendation offered by Gary Vanderweil for Raymond Kasperowicz.
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COMMENDATION
WHEREAS, Raymond Kasperowicz previously served three years as a member of the
Advisory Committee; and
WHEREAS, Raymond Kasperowicz previously served three years as a member of the
Personnel Committee; and
WHEREAS, Raymond Kasperowicz has served nine years as a member of the Cohasset Sewer
Commission, including several years as its Chairman; and
WHEREAS, as a member of the Cohasset Sewer Commission, Raymond Kasperowicz
discharge his responsibilities with great wisdom, judgment during a period of time where sewer
system expansion was debated; and
WHEREAS, Raymond Kasperowicz applied his financial experience and qualifications to
decision-making that was always in the interest of the citizens of Cohasset; 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 Raymond Kasperowicz.
NOW THEREFORE BE IT RESOLVED that the Citizens of Cohasset, assembled at Annual
Town Meeting hereby acknowledge and affirm their appreciation to Raymond Kasperowicz
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 twenty ninth day of
March in the year Two Thousand Eight.
Commendation adopted unanimously.
Commendation offered by Sam Wakeman for James Gilman.
WHEREAS, since James H. Gilman has lived in Cohasset, he has had a strong ongoing interest
in the public affairs of the Town; and
WHEREAS, James H Gilman was appointed to the Advisory Committee in 2002 and has been a
dedicated member for the past six years; and
WHEREAS, such dedication and service to the Town can not come without great sacrifice to
personal matters and family life; and
WHEREAS, the Advisory Committee now recommends this Unanimous Motion for
Commendation to James H Gilman.
NOW THEREFOR BE IT RESOLVED that the Citizens of Cohasset, assembled at Annual
Town Meeting hereby acknowledge and affirm their appreciation to James H Gilman for his
many years of service to the Town of Cohasset.
GIVEN under our hands and the seal of the Town of Cohasset on this twenty-ninth day of
March in the year Two Thousand Eight.
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Commendation adopted unanimously.
Article 19: Affordable Housing Trust Bylaw
To see if the Town will accept Massachusetts General Laws Chapter 44, Section 55C so as to
create an affordable housing trust, and amend the General By-Laws of the Town by adding new
Article V, Section 21 as follows, or take any other action relative thereto:
COHASSET AFFORDABLE HOUSING TRUST
SECTION 1
A. There shall be in the Town of Cohasset a Cohasset Affordable Housing Trust Fund
(hereinafter referred to as "the trust'). The purpose of the trust is to provide for the creation
and preservation of affordable housing in the Town of Cohasset for low- and moderate-
income households.
B. There shall be a board of trustees which shall include seven (7) trustees. The trustees
shall be appointed by the Board of Selectmen and shall include one (1) member of the Board
of Selectmen and are designated as public agents for purposes of the constitution of the
Commonwealth. The initial terms of the trustees shall be staggered as one (1) or two (2)
year terms. All terms thereafter shall be for two (2)years.
SECTION 2
A. The powers of the board of trustees shall include the following:
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 the provisions of the Cohasset Zoning By-Law or
General By-laws, or any general or special law or any other source, or money from the
Community Preservation Act, G.L. Chapter 44B;
2. to accept and receive municipal, school or other public property, subject to a majority
vote of Town Meeting to transfer said property to the trust, for the purposes of the trust;
3. to purchase and retain real or personal property for the purposes of the trust, including
without restriction investments that yield a high rate of income or no income, and to hold
all or part of the trust property uninvested for such purposes and for such time as the
board may deem appropriate;
4. to manage or improve real property;
5. to sell, lease, exchange, transfer or convey any real property for such consideration and
on such terms as to credit or otherwise, and to make such contracts and enter into such
undertakings relative to trust property as the board deems advisable, notwithstanding the
length of any such lease or contract;
6. 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;
7. to employ and pay reasonable compensation to advisors and agents, such as
accountants, appraisers and lawyers as the board deems necessary.
33
8. to apportion receipts and charges between income 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;
9. to carry property for accounting purposes at other than acquisition date values;
10. to borrow money on such terms and conditions and from such sources as the trustees
deem advisable, to mortgage and pledge trust assets as collateral, subject to approval by
a majority vote of the Board of Selectmen. (Any debt issued by the Trust shall not be
deemed to constitute a debt or liability of the Town of Cohasset or a pledge of the faith
and credit of the Town, but shall be payable solely from the revenues, funds and/or
assets of the Trust. Any debt instrument executed by the Trust shall contain on the face
thereof a statement to the effect that the Town of Cohasset is not obligated to pay the
same or the interest thereof except from revenues, funds and/or assets of the Trust and
that neither the faith and credit nor the taxing power of the Town of Cohasset is pledged
to the payment of the principal of or the interest on such debt. The issuance of debt by
the Trust shall not directly or indirectly or contingently obligate the Town of Cohasset to
levy or to pledge any form of taxation whatever therefore or to make any appropriation for
their payment);
11. to make distributions or divisions of principal in kind;
12. to 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 Article, to
continue to hold the same for such period of time as the board may deem appropriate;
13. to extend the time for payment of any obligation to the trust;
14. to provide grants or loans to assist low- or moderate-income homebuyers to purchase or
rehabilitate a dwelling unit in the Town of Cohasset;
15. to convey, through sale, lease or transfer, real property purchased under this act, to any
for-profit or non-profit developer or any public agency to provide low- or moderate-income
housing, subject to an affordable housing restriction under Section 26 or Sections 31-33
of Chapter 184 of the General Laws;
16. Expenditures for the acquisition or disposition of real property shall be subject to approval
by a majority vote of the Board of Selectmen; and
17. in each fiscal year, expenditures from the fund shall be in accordance with an allocation
plan approved by the Town at the Annual Town Meeting and upon the recommendation
of the trustees, for purposes consistent with this by-law. The allocation plan shall be a
general plan for the use of funds during the fiscal year to which the plan applies, and may
provide for moneys to be held in reserve for expenditure in later years. The plan may be
amended at a Town Meeting upon favorable recommendation of the board of trustees.
SECTION 3
A. As a means of providing available assets for the trust, all moneys received by the Town
through the following means shall be paid directly into the trust and need not be appropriated
or accepted and approved into the trust:
1. cash payments made by developers to the Town for purposes of creating or preserving
affordable housing, under any development agreements or development approvals
pursuant to the Cohasset Zoning By-Law;
2. gifts, grants, donations, contributions or other cash payments to the trust for the purpose
of providing low-or moderate-income housing;
B. General revenues appropriated into the trust become trust property, and to be expended
these funds need not be further appropriated;
C. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by
the board of trustees within one year of the date they were appropriated into the trust, shall
remain trust property;
34
D. The trust is exempt from G.L. 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; and
E. The books and records of the trust shall be reviewed annually by an independent auditor in
accordance with accepted accounting practices.
SECTION 4
As used in this act, the term "low or moderate income housing" shall mean "low income housing"
or"moderate income housing" as defined in Section 2 of Chapter 44B of the General Laws.
SECTION 5
The Town Treasurer shall be the custodian of the trust's funds. Any income or proceeds received
from the investment of funds shall be credited to and become part of the fund.
SECTION 6
A. The trust is a governmental body for purposes of Sections 23A, 23B and 23C of Chapter
39 of the General Laws.
B. The trust is a board of the Town for purposes of Chapter 30B and Section 15A of Chapter
40; but agreements and conveyances between the trust and agencies, boards, commissions,
authorities, department and public instrumentalities of the Town shall be exempt from
Chapter 30B.
C. The trust is a public employer and the members of the board are public employees for
purposes of Chapter 258.
D. The trust shall be deemed a public agency and trustees as special municipal employees
for purposes of Chapter 268A.
E. All projects for new construction of affordable housing or conversion of existing units into
affordable housing that are proposed to be funded or subsidized by the trust shall be so
constructed or converted through the Local Initiative or Local Access Programs as governed
by the then-applicable regulations of the Department of Housing and Community
Development, or its successor.
F. At any time after the expiration of five years after the date on which this trust is created by
the Town, it may be terminated in the same manner as it was created, except that it shall
remain in existence to complete any pending undertakings or obligations. During such
winding down, the then-membership of the Board of Selectmen shall serve as the trustees.
The balance of any funds held by the trust after winding down shall pass to the Town's
Community Preservation Fund or some other substitute affordable housing fund created by
the Town. Non-monetary assets of the trust shall pass to the Town under the control of the
Board of Selectmen under such restrictions as applicable law may require or as may have
been prior imposed upon such assets.
MOVED that the Town accept Massachusetts General Laws Chapter 44, Section 55C so as to
create an affordable housing trust, and amend the General By-Laws of the Town by adding new
Article V, Section 21 as follows:
COHASSET AFFORDABLE HOUSING TRUST
SECTION 1
35
A. There shall be in the Town of Cohasset a Cohasset Affordable Housing Trust Fund
(hereinafter referred to as "the trust"). The purpose of the trust is to provide for the creation
and preservation of affordable housing in the Town of Cohasset for low- and moderate-
income households.
B. There shall be a board of trustees which shall include seven (7) trustees. The trustees
shall be appointed by the Board of Selectmen and shall include one (1) member of the Board
of Selectmen and are designated as public agents for purposes of the constitution of the
Commonwealth. The initial terms of the trustees shall be staggered as one (1) or two (2)
year terms. All terms thereafter shall be for two (2)years.
SECTION 2
A. The powers of the board of trustees shall include the following:
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 the provisions of the Cohasset Zoning By-Law or
General By-laws, or any general or special law or any other source, or money from the
Community Preservation Act, G.L. Chapter 44B;
2 to accept and receive municipal, school or other public property, subject to a majority
vote of Town Meeting to transfer said property to the trust, for the purposes of the trust;
3. to purchase and retain real or personal property for the purposes of the trust, including
without restriction investments that yield a high rate of income or no income, and to hold
all or part of the trust property uninvested for such purposes and for such time as the
board may deem appropriate;
4. to manage or improve real property;
5. to sell, lease, exchange, transfer or convey any real property for such consideration and
on such terms as to credit or otherwise, and to make such contracts and enter into such
undertakings relative to trust property as the board deems advisable, notwithstanding the
length of any such lease or contract;
6. 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;
7. to employ and pay reasonable compensation to advisors and agents, such as
accountants, appraisers and lawyers as the board deems necessary.
8. to apportion receipts and charges between income 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;
9. to carry property for accounting purposes at other than acquisition date values;
10. to borrow money on such terms and conditions and From such sources as the trustees
deem advisable, to mortgage and pledge trust assets as collateral, subject to approval by
a majority vote of the Board of Selectmen .(Any debt issued by the Trust shall not be
deemed to constitute a debt or liability of the Town of Cohasset or a pledge of the faith
and credit of the Town, but shall be payable solely from the revenues, funds and/or
assets of the Trust. Any debt instrument executed by the Trust shall contain on the face
thereof a statement to the effect that the Town of Cohasset is not obligated to pay the
same or the interest thereof except from revenues, funds and/or assets of the Trust and
that neither the faith and credit nor the taxing power of the Town of Cohasset is pledged
to the payment of the principal of or the interest on such debt. The issuance of debt by
the Trust shall not directly or indirectly or contingently obligate the Town of Cohasset to
levy or to pledge any form of taxation whatever therefore or to make any appropriation for
their payment);
11. to make distributions or divisions of principal in kind;
36
12. to 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 Article, to
continue to hold the same for such period of time as the board may deem appropriate;
13. to extend the time for payment of any obligation to the trust;
14. to provide grants or loans to assist low- or moderate-income homebuyers to purchase or
rehabilitate a dwelling unit in the Town of Cohasset;
15. to convey, through sale, lease or transfer, real property purchased under this act, to any
for-profit or non-profit developer or any public agency to provide low- or moderate-income
housing, subject to an affordable housing restriction under Section 26 or Sections 31-33
of Chapter 184 of the General Laws;
16. Expenditures for the acquisition or disposition of real property shall be subject to approval
by a majority vote of the Board of Selectmen; and
17. in each fiscal year, expenditures from the fund shall be in accordance with an allocation
plan approved by the Town at the Annual Town Meeting and upon the recommendation
of the trustees, for purposes consistent with this by-law. The allocation plan shall be a
general plan for the use of funds during the fiscal year to which the plan applies, and may
provide for moneys to be held in reserve for expenditure in later years. The plan may be
amended at a Town Meeting upon favorable recommendation of the board of trustees.
SECTION 3
A. As a means of providing available assets for the trust, all moneys received by the Town
through the following means shall be paid directly into the trust and need not be appropriated
or accepted and approved into the trust:
1 cash payments made by developers to the Town for purposes of creating or preserving
affordable housing, under any development agreements or development approvals
pursuant to the Cohasset Zoning By-Law;
2 gifts, grants, donations, contributions or other cash payments to the trust for the purpose
of providing low-or moderate-income housing;
B. General revenues appropriated into the trust become trust property, and to be expended
these funds need not be further appropriated;
C. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by
the board of trustees within one year of the date they were appropriated into the trust, shall
remain trust property;
D. The trust is exempt from G.L. 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; and
E. The books and records of the trust shall be reviewed annually by an independent auditor in
accordance with accepted accounting practices.
SECTION 4
As used in this act, the term "low or moderate income housing" shall mean "low income housing"
or"moderate income housing" as defined in Section 2 of Chapter 44B of the General Laws.
SECTION 5
The Town Treasurer shall be the custodian of the trust's funds. Any income or proceeds received
from the investment of funds shall be credited to and become part of the fund.
37
SECTION 6
A. The trust is a governmental body for purposes of Sections 23A, 23B and 23C of Chapter
39 of the General Laws.
B. The trust is a board of the Town for purposes of Chapter 30B and Section 15A of Chapter
40; but agreements and conveyances between the trust and agencies, boards, commissions,
authorities, department and public instrumentalities of the Town shall be exempt from
Chapter 30B.
C. The trust is a public employer and the members of the board are public employees for
purposes of Chapter 258.
D. The trust shall be deemed a public agency and trustees as special municipal employees
for purposes of Chapter 268A.
E. All projects for new construction of affordable housing or conversion of existing units into
affordable housing that are proposed to be funded or subsidized by the trust shall be so
constructed or converted through the Local Initiative or Local Access Programs as governed
by the then-applicable regulations of the Department of Housing and Community
Development, or its successor.
F. At any time after the expiration of five years after the date on which this trust is created by
the Town, it may be terminated in the same manner as it was created, except that it shall
remain in existence to complete any pending undertakings or obligations. During such
winding down, the then-membership of the Board of Selectmen shall serve as the trustees.
The balance of any funds held by the trust after winding down shall pass to the Town's
Community Preservation Fund or some other substitute affordable housing fund created by
the Town. Non-monetary assets of the trust shall pass to the Town under the control of the
Board of Selectmen under such restrictions as applicable law may require or as may have
been prior imposed upon such assets.
Motion adopted.
Article 20: Zoning Bylaw Amendment— Inclusionary Zoning
To see if the Town will amend the provisions of the Zoning Bylaw by striking Subsection 14 of
Section 4.3 and Section 17.8 and replacing them with the following new Section 20, in order to
better encourage and facilitate the development of affordable housing:
SECTION 20— Inclusionary Zoning
1. Definitions. In addition to the definitions found in Section 2, the following definitions shall
apply for purposes of implementation of this Section.
Affordable unit: housing or housing units constituting Low or Moderate Income Housing as
such terms are defined by M.G.L. c 40B, Sections 20 through 23, as amended, or successor
law, and its implementing regulations in 760 CMR 30.00 et seq. and 31.00 et seq. or
successor regulations.
2. Purpose and Intent
a. To recognize the affordable housing need in Cohasset;
b. To require applicants for development projects having a significant impact on the Town to
contribute toward this need;
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c. To encourage the expansion and upgrade of the Town's affordable housing in order to
provide for a full range of housing choices for households of all families, ages and sizes;
d. To prevent the displacement of low to moderate income Cohasset residents;
e. To increase the production of affordable housing units;
f. To meet the requirements of the Local Initiative Program; and
g. To qualify housing for inclusion on the Subsidized Housing Inventory.
3. Applicability
a. The provisions of this Section shall apply to all projects requiring approval as any and all
commercial, residential or mixed-use projects requiring Site Plan Review, to single family
residential subdivisions on sites having a development potential under current zoning of
five or more lots, and to the construction of "multiple unit" developments of five (5) or
more dwelling units in accordance with any Section of the Zoning Bylaw, whether on one
or more contiguous parcels, and including, but not limited to, any characterization of
units, such as "multifamily", "apartments, "condominiums", "cooperatives" and any other
development governed by a common scheme, restrictions or covenants, and without
regard to how many dwelling units exist per building in the development.
b. The provisions of this Section shall not apply to any project undertaken by the Town for
any municipal purposes.
c. The provisions of this Section shall not apply to any project undertaken pursuant to MGL
c. 40B.
4. Mandatory Provision of Affordable Units
The Planning Board or Board of Appeals or any other authority giving permission for
construction of dwelling units, shall, as a condition of approval of any development referred to
in Subsections 3 above, require that the applicant for site plan review, subdivision, special
permit or building permit approval comply with the obligation to provide affordable housing
pursuant to this Bylaw and more fully described in Subsection 5 below.
5. Provision of Affordable Units
a. Residential-Only Development. To facilitate the provision of affordable housing in an all
residential-only development, the number of units that are required to be affordable shall
be ten percent (10%) of the number of units that could be developed "as of right" (AOR),
rounded up to the nearest whole number. The number of affordable units required shall
not subtract from the number of AOR units, but instead shall be added to the AOR units
as a density bonus. Thus, a proposal that would have 5 AOR units would include those 5
plus 1 affordable unit. If the number of affordable units plus the AOR units yields a result
where the number of affordable units is less than 10% of the total number of units being
provided with the density bonus, then an additional affordable unit shall be added to bring
overall percentage at or above 10%.
b. Commercial-Only Development. In a commercial development, affordable units are not
expected to be provided on-site unless "mixed-use" zoning is available. Nevertheless,
such development should also and is compelled to contribute to the need for affordable
housing by a fee-in-lieu-of-construction payment, per subsection (e) and Section 11
below. The required number of affordable units shall be calculated as follows: .02
affordable housing units per each 2,000 square feet of floor area in the development.
c. Mixed-Use Development. In the VB and TOD districts, and in any other location where
"mixed use" development is permitted, both the calculations of required affordable units
set forth in subsections (a) and (b) above shall be made, and the one yielding the larger
number of affordable units shall be applied.
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In the VB district, if there is a conflict between (i) the density allowed under this
subsection (c) (referenced in terms of number of units) and the number of units this
Section 5 requires of a development in the VB district and (ii) the density allowed under
Section 18(1) (referenced in terms of Floor Area Ratio and allowable apartment sizes)
and the number of units such density bonus would yield, the density limits and affordable
unit number results of Section 18.1 will control.
d. An applicant may offer, and the Planning Board or Board of Appeals, in concert with the
Board of Selectmen, may accept a parcel of land in fee simple, on or off-site, that the
Planning Board or Board of Appeals determines are suitable for the construction of
affordable housing units. The value of donated land shall be equal to or greater than the
value of the construction or set-aside of the affordable units. The Planning Board or
Board of Appeals may require, prior to accepting land as satisfaction of the requirements
of this Section, that the applicant submit appraisals of the land in question, as well as
other data relevant to the determination of equivalent value;
e. In substitution for providing affordable housing units, a cash payment to the Cohasset
Housing Trust Fund (or similar affordable housing fund) may be made subject to
Subsection 11 below.
f. The applicant may offer, and the Planning Board or Board of Appeals may accept, any
combination of the above requirements provided that in no event shall the total number of
units or land area provided be less than the equivalent number or value of affordable
units required by this Section.
6. Provisions Applicable to Affordable Housing Units On-and Off-Site
a. Siting of affordable units - All affordable units constructed or rehabilitated under this
Section shall be situated within the development so as not to be in less desirable
locations than market-rate units in the development and shall, on average, be no less
accessible to public amenities, such as open space, as the market-rate units.
b. Minimum design and construction standards for affordable units-Affordable
housing units within market rate developments shall be integrated with the rest of the
development and shall be compatible in design, appearance, construction and quality of
materials with other units, and built in accordance with the following ratios:
Market Rate Unit% Affordable Housing Unit %
Up to 30% None required
30% + 1 unit At least 10%
Up to 50% At least 30%
Up to 75% At least 50%
75% + 1 unit At least 70%
Up to 90% 100%
Fractions of units shall not be counted.
7. Marketing Plan for Affordable Units
Applicants under this Bylaw shall submit a marketing plan or other method, prepared with the
assistance of and approved by, the Cohasset Housing Partnership approved by to the Planning
Board or Board of Appeals for approval, which describes how the affordable units will be
marketed to potential homebuyers. This plan shall include a description of the lottery or other
process to be used for selecting buyers. The marketing plan must describe how the applicant will
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accommodate local preference requirements, if any, established by the Board of Selectmen, in a
manner that complies with the nondiscrimination in tenant or buyer selection guidelines of the
Local Initiative Program.
8. Provision of Affordable Housing Units Off-Site
As an alternative to the requirements of Subsection 5(a), (b) and (c) above, an applicant subject
to this Section may develop, construct or otherwise provide affordable units equivalent to those
required by Subsection 5 off-site. All requirements of this Section that apply to on-site provision of
affordable units, shall apply to provision of off-site affordable units. In addition, the location of the
off-site units to be provided shall be approved by the Planning Board or Board of Appeals as an
integral element of the review and approval process for the permit requested..
9. Maximum Incomes and Selling Prices: Initial Sale
a. The developer of the housing units or his/her agent shall verify prior to transferring title or
executing a lease that each prospective purchaser or renter of an affordable housing unit
created under this Section is a household of low or moderate income, as defined by the
Commonwealth's Local Initiative Program (LIP). Toward this end:
(1) the developer shall engage a qualified certifying agent acceptable to the Planning
Board or to the Board of Appeals to receive purchase or rental applications,
obtain and review documentation concerning sources and amounts of household
income, and certify to the Town that all purchasers or renters approved for an
affordable unit meet LIP income eligibility requirements (which certifying agent
may be the Town's Housing Partnership, Housing Authority or consultant(s)
thereto).
(2) The developer is responsible for making arrangements acceptable to the
Planning Board or to the Board of Appeals to provide annual certifications to the
Town as may be required to place and maintain the affordable units on the
Commonwealth's Chapter 40B Subsidized Housing Inventory.
b. The maximum allowable purchase price or maximum allowable rent for affordable units
created under this Bylaw shall comply with the regulations and guidelines of the Local
Initiative Program (LIP).
10. Preservation of Affordability; Restrictions on Resale
a. Each affordable unit created in accordance with this Section shall have the following
limitations governing its resale. The purpose of these limitations is to preserve the long-
term affordability of the unit and to ensure its continued availability to qualified purchasers
in the future. The resale controls shall be established through a deed rider or an
affordable housing restriction as defined by M.G.L. c.184, Section 31, recorded at the
Norfolk County Registry of Deeds or the Land Court, and shall be in force for as long a
period as is lawful. The affordable housing use restriction shall meet the requirements of
the Local Initiative Program.
b. Resale price -Sales beyond the initial sale to a qualified affordable income purchaser
shall include the initial discount rate between the sale price and the unit's appraised value
at the time of resale. This percentage shall be recorded as part of the restriction on the
property noted in this Subsection 10. For example, if a unit appraised for$300,000 is sold
for $225,000 as a result of this Section, it has sold for 75% of its appraised value. If,
several years later, the appraised value of the unit at the time of proposed resale is
$325,000, the unit may be sold for no more than $243,750, or 75% of the appraised value
of$325,000.
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c. Right of first refusal to purchase -The purchaser of an affordable housing unit developed
as a result of this Section shall agree to execute a deed rider prepared by the Town,
granting, among other things, the Town's right of first refusal for a period not less than the
maximum period allowable under guidelines set by the Department of Housing and
Community Development for Local Initiative Units as defined by the Local Initiative
Program, to purchase the property or assignment thereof, in the event that, despite
diligent efforts to sell the property, a subsequent qualified purchaser cannot be located.
d. The Planning Board or Board of Appeals shall require, as a condition for subdivision,
special permit or building permit approval under this Section, that the deeds to the
affordable housing units contain a restriction against renting or leasing said unit during
the period for which the housing unit contains a restriction on affordability.
e. The Planning Board or Board of Appeals shall require, as a condition for special permit
approval under this Bylaw, that the applicant comply with the mandatory set- asides and
accompanying restrictions on affordability, including the execution of the deed rider noted
in this Subsection 10. The Zoning Enforcement Officer shall not issue an occupancy
permit for any affordable unit until the deed restriction is recorded at the Norfolk County
Registry of Deeds or the Land Court.
f. Affordability restrictions as set forth herein shall be in perpetuity.
11. Fees in Lieu of Affordable Housing Units
As a further alternative to Subsection 5 above, an applicant may contribute a cash payment to the
Cohasset Housing Trust Fund (or if none exists to the Cohasset Community Preservation Fund),
to be used for the development of affordable housing by the Town or its designees, in lieu of
constructing and offering affordable units within the locus of the proposed development or off-site.
a. Calculation of fees-in-lieu of units. The applicant for development subject to this Section
may pay a fee in lieu of the construction of affordable units. For each affordable unit not
constructed or provided through one or a combination of the methods specified in
Subsection 5 above, the fee shall be an amount equal to the difference between the
median sale price for new single-family homes built in Cohasset during the preceding
three fiscal years, as determined and reported by the Board of Assessors, and the
purchase price of a similar home that is affordable to a qualified purchaser. For
developments of multi-family condominiums, the Planning Board or Zoning Board of
Appeals may substitute the median sale price for new condominiums built in Cohasset
during the preceding three fiscal years for the median sale price of new single-family
homes.
b. The methodology used to determine an affordable purchase price shall comply with Local
Initiative Program guidelines in effect at the time of application for a special permit.
c. The assumptions used to determine an affordable purchase price, including but not
limited to minimum down payment, mortgage interest rate, term, closing and other costs
shall be consistent with first-time homebuyer mortgage products available from
commercial lending institutions located in or serving Cohasset at the time of application
for a special permit, all in accordance with the Inclusionary Housing Submission
Requirements and Procedures Manual adopted by the Planning Board and filed with the
Town Clerk.
d. Upon adoption of this Section by town meeting, the Planning Board shall prepare and
adopt an Inclusionary Housing Submission Requirements and Procedures Manual after
holding a public hearing on the same. This will be used by Zoning Board of Appeals
where it is the permit granting authority. Or take any other action related thereto.
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MOVED that the article be indefinitely postponed.
Motion adopted unanimously.
Article 21: Harbor Study Funding
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 in order to retain a professional
consulting/planning firm overseen by the Planning Board acting under its powers and duties of
the General Laws of the Commonwealth and the General and Zoning Bylaws of the Town, to
assist the Planning Board and Board of Selectmen in the development of bylaws which enhance
the vitality of the Waterfront Business District (WB), the Harbor portion of the Downtown Business
District (DB), the Harbor portion of the Light Industry District (LI), the Harbor portion of the Official
and Open Space District and the all other properties abutting the Harbor around its perimeter,
while maintaining its general.
MOVED that the article be indefinitely postponed.
Motion adopted unanimously.
Commendation offered by Frederick Koed, member of the Board of Selectmen for Jack
Worley.
COMMENDATION
WHEREAS, Jack Worley was appointed as Recreation Director for the Town of Cohasset in
November of 1976; and
WHEREAS, Jack Worley will soon retire after serving the Town of Cohasset for over 31 years in
a highly professional, dedicated manner; and
WHEREAS, during Jack Worley's tenure as Recreation Director, he has introduced many
recreation programs and activities that have been the source of great fun and education for
children and adults of all ages in the Town of Cohasset; and
WHEREAS, Jack Worley in his capacity of Recreation Director has put his heart and soul into
his responsibilities, including always working from early morning to late at night and on weekends
to serve the needs of this community; and
WHEREAS, during his tenure as Recreation Director, Jack Worley has always served this
community with a smile on his face and a good word for everyone; and
WHEREAS, the Board of Selectmen now recommends this Unanimous Motion for
Commendation to Jack Worley:
NOW THEREFORE BE IT RESOLVED that the Citizens of Cohasset, assembled at the
Annual Town Meeting hereby acknowledge and affirm their appreciation to Jack Worley 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 twenty ninth day of
March in the year Two Thousand Eight.
Commendation voted unanimously.
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Article 22: Treat's Pond Restoration Project Fundina
To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow
pursuant to any applicable statute, a sum of money to be expended by the Town Manager in
combination with other federal and/or state funds for engineering and design professional
services for the designing and permitting, construction supervision and related services in
connection with the Treat's Pond ecosystem restoration project, and for the construction of such
project and all related construction expenses, including, an independent engineering and
environmental assessment, and further to authorize the Board of Selectmen to acquire by
purchase, gift or eminent domain such easements or other property interests as may be
advisable to carry out this project, or take any other action related thereto.
MOVED that Three Hundred Thousand Dollars ($300,000) be appropriated, with the intention
that these funds be available in FY 2008 and, thereafter, to be expended by the Town Manager in
combination with other federal and/or state funds for engineering and design professional
services for the designing and permitting, construction, supervision and related services in
connection with the Treat's Pond ecosystem restoration project, and for the construction of such
project and all related construction expenses, including, an independent engineering and
environmental assessment, and that to fund this appropriation, the Treasurer, with the approval of
the Board of Selectmen, is hereby authorized to borrow Three Hundred Thousand Dollars
($300,000), under and pursuant to Chapter 44, of the General Laws of the Commonwealth, as
amended, or any other enabling authority, and to issue bonds or notes of the Town, therefore,
and that the Board of Selectmen be authorized to accept, as gifts, grants of deeds, easements or
other instruments of transfer of all or portions of Treat's Pond located on the parcels known as
Assessor Map 31, Parcel 021 F and 021 G.
Amendment offered by Ralph Dormitzer, member of the Board of Selectmen who recluses
himself from deliberations on Article 22 and who is speaking as a private citizen.
Moved that the motion under Article 22 be amended by substituting the following language in its
entirety:
That Forty Five Thousand Dollars ($45,000) be appropriated with the intention that these funds
be available in FY 2008 and thereafter, which funds are to be expended by the Town Manager in
addition to and in combination with any other available Federal and/or State grant funds, as s
supplement thereto, for the purpose of funding professional services to conduct an independent
review of the United States Army Corps of Engineers Treat's Pond ecosystem restoration project
and to meet this appropriation, Forty Five Thousand Dollars ($45,000) be transferred from Free
Cash (Surplus Revenue) in the treasury of the town.
Amendment offered by Peter Brown.
That Forty Five Thousand Dollars ($45,000) be appropriated with the intention that these funds
be available in FY 2008 and thereafter, which funds are to be expended by the Town Manager in
addition to and in combination with any other available Federal and/or State grant funds, as s
supplement thereto, for the purpose of funding professional services to conduct an independent
review of the United States Army Corps of Engineers Treat's Pond ecosystem restoration project
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and to meet this appropriation, Forty Five Thousand Dollars ($45,000) be transferred from Free
Cash (Surplus Revenue) in the treasury of the town.
The scope of which review shall be determined by a committee appointed by the Board of
Selectmen, comprised of a member of the Cohasset Conservation Commission, the special
engineering assistant to the Town Manager for special project, and a citizen of the town with
extensive environmental expertise.
Amendment offered by Peter Brown is defeated.
Amendment offered by Ralph Dormitzer is defeated.
Amendment offered by Frederick Koed, member of the Board of Selectmen in the form of a
proclamation.
PROCLAMATION
Resolved,
1 That the Town of Cohasset recognizes both the serious nature of the
environmental health of Treat's Pond and flooding issues in its surrounding area;
2 That the Town of Cohasset wishes to pursue solutions to these problems and
does not wish to foreclose the possibility of Federal Funds to support possible
solutions;
3 That the Town of Cohasset, however, needs to further study the issues and
proposals that have been made to solve them, owing to the relatively little time
they have been public;
4 That the Town of Cohasset is undertaking to comprehensively study town wide
flooding issues, the report on which is due in 2008.
Therefore, the town requests the Army Corps of Engineers and Congressman Delahunt
provide additional time to the town until the fall town meeting to address the issue at
Treat's Pond.
Proclamation adopted.
This amendment of a proclamation is now the main motion. Motion adopted.
Article 23: Repurchase of Cemetery Lots Funding
To see if the Town will vote to raise and appropriate, transfer from available funds, or otherwise
provide a sum of money to be expended by the Town Manager for the repurchase of cemetery
lots at Town cemeteries, or take any other action related thereto.
MOVED that Eleven Thousand Dollars ($11,000), be appropriated to be expended by the Town
Manager for the repurchase of cemetery lots at Town cemeteries, and to meet this appropriation,
the sum of Eleven Thousand Dollars ($11,000) be transferred from Free Cash (Surplus Revenue)
in the treasury of the town.
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Motion adopted unanimously.
Article 24: Stormwater Management Bylaw
To see if the Town will vote to amend the General Bylaws by adding the following new Article XV,
or take any other action related thereto:
COHASSET STORMWATER MANAGEMENT BYLAW
1. Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the Home Rule statutes, and pursuant to the federal Clean
Water Act, 33 U. S. C. §§ 1251-1386 (the "Act") and regulations issued pursuant to the Act
which are found at 40 CFR 122.34.
2. Purpose
A. The purpose of this Bylaw is to:
1. Prevent and reduce existing and future flooding.
2. Protect water quality.
3. Increase groundwater recharge.
4. Reduce erosion and sedimentation.
5. Promote environmentally sensitive site design practices.
6. Ensure long-term maintenance of stormwater controls.
7. Help the Town of Cohasset meet federal requirements under Phase II of the National
Pollutant Discharge Elimination System.
8. Establish the legal authority by which the Town of Cohasset can enforce the
provisions of this Bylaw and accompanying regulations.
3. Definitions
A. The following definitions shall apply in the interpretation and implementation of this
Bylaw. The term "alter" shall include, without limitation, the following activities:
1. Changing of pre-existing drainage characteristics, adding impervious area or
changing type of land cover, or changing sedimentation patterns, flow patterns or
flood retention characteristics;
2. Dumping, discharging or filling with any material, or removal of material, which would
alter elevations or change drainage patterns or degrade water quality;
3. Driving of piles, erection, or expansion of buildings or structures of any kind;
4. Destruction of plant life, including clearing of trees;
5. Any activities, changes or work which may cause or tend to contribute to pollution of
any body of water or groundwater.
4. Regulated Activities
A. Regulated Activities Requiring a Stormwater Permit. The following activities,
developments or redevelopments require the issuance of a full Stormwater Permit by the
Conservation Commission (the "Commission") after the filing by the Applicant of a full
application and full review by the Commission through a public hearing:
1. Any activity that will alter 5,000 square feet or more of land.
2. Any construction or development activity on an undeveloped parcel of any size that
will increase the impervious surface area, or increase the amount or rate of runoff
from the parcel.
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3. Any development or redevelopment of Land Uses with Higher Potential Pollutant
Loads as defined in the Massachusetts Stormwater Management Policy, which
include, for example:
a. auto salvage yards (auto recycler facilities)
b. auto fueling facilities (gas stations)
c. exterior fleet storage areas (cars, buses, trucks, public works equipment)
d. exterior vehicle service, maintenance and equipment cleaning areas
e. commercial parking lots
f. road salt storage and loading areas
g. commercial nurseries
h. outdoor storage and loading/unloading of hazardous substances
i. marinas (service, painting and hull maintenance areas)
B. Regulated Activities Requiring Administrative Approval. The following activities, which are
smaller than activities requiring a full Stormwater Permit, shall require approval under an
Administrative Approval process by the Commission or its Stormwater Agent:
1. Any activity that will result in a net increase in impervious surface area of more than
500 square feet of land but which will alter less than 5,000 square feet of land.
2. Any replacement of an existing building with a new building of more than 500 square
feet.
C. Regulated Activities Completed in Phases Requiring a Stormwater Permit or
Administrative Approval:
1. Activities that are completed in phases, such as subdivision developments and
phased commercial developments which could be reasonably expected to alter more
than the thresholds in 4.A and 4.B shall require a Stormwater Permit or
Administrative Approval prior to beginning construction, even if the planned alteration
is conducted over separate phases and/or by separate owners.
5. Exempt Activities
A. This Bylaw shall not apply to the following activities:
1. Normal use, maintenance and improvement of land in agricultural use.
2. Maintenance of existing landscaping.
3. Repair or modification of a building that remains within its existing footprint.
4. Construction of a fence that will not alter existing terrain or drainage patterns.
5. Repairs or alterations to any stormwater management facility or practice that poses a
threat to public health, safety, or the environment.
6. Emergency work associated with accidents, spills or releases of oil or hazardous
wastes, or natural disasters.
7. Repair or maintenance of a sewage disposal system 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.
8. Any work or projects for which all necessary approvals and permits have been issued
before the effective date of this Bylaw.
6. Conservation Commission Authority
A. The Commission shall be responsible for issuing a Stormwater Permit.
B. The Commission may appoint a Licensed Professional Engineer with expertise in
stormwater management as its Stormwater Agent to assist the Commission. This
position shall be funded from application and review fees charged to applicants during
the Stormwater Permit and Administrative Approval process.
C. The Commission shall review Stormwater Permit applications, conduct necessary site
inspections and investigations, issue final permits, and monitor and enforce permit
conditions. For Administrative Approval of projects regulated under Section 4.B of this
Stormwater Management Bylaw, the Stormwater Agent may represent the Commission
by conducting site inspections as necessary, issuing a decision based on review, and
monitoring conditions stated in the Administrative Approval.
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D. The Commission shall establish (1) Application Fees and (2) Review Fees which are
sufficient to recover the cost for application review including assistance from the
Stormwater Agent. Separate application and review fees shall be established for the
Stormwater Permit process and for the Administrative Approval process which requires
no public hearing. Said fees and charges shall be established by regulations issued by
the Commission.
7. Rules and Regulations
A. The Commission shall adopt and amend Rules and Regulations related to the submittal
requirements and performance standards required to obtain a Stormwater Permit or
Administrative Approval conducted pursuant to this Bylaw. Rules and Regulations shall
be adopted and amended after a public hearing and public comment period. The public
hearing shall be advertised in a newspaper of general local circulation at least seven
days before the hearing date.
B. Other boards, commissions, and departments are encouraged to adopt those Rules and
Regulations by reference.
C. Failure to promulgate such Rules and Regulations shall not have the effect of suspending
or invalidating this Bylaw.
8. Performance Standards
A. The purpose of the Stormwater Permit and Administrative Approval Program shall be to
maintain the post-development runoff characteristics (including peak flow, total volume of
runoff, and water quality of the runoff) for development and redevelopment projects as
equal to or less than the pre-development runoff characteristics.
B. Performance standards for site design, erosion control, stormwater management,
materials, vegetation, and other aspects of developments shall be outlined in the Rules
and Regulations. Performance standards shall include (but are not limited to) standards
for the following:
1. Peak discharge rates and runoff volumes (flooding protection and channel
protection).
2. Recharge volume.
3. Pretreatment and water quality.
4. Erosion control and property damage.
5. Vegetation, site design, and site restoration.
6. Integrity of stream channels, surface water, and aquatic habitats.
7. Application of Low-Impact Development measures to facilitate the maximum possible
infiltration of precipitation on-site.
C. Applicants shall meet these performance standards and those of the Massachusetts
Stormwater Management Policy (as may be amended), whichever are more stringent.
9. Submittal Requirements
A. Submittal requirements for a Stormwater Permit, or for Administrative Approval, shall be
as required below and as further defined in the Rules and Regulations.
B. Submittal requirements for a Stormwater Permit shall include (but may not be limited to)
the following:
1. Stormwater management plan stamped by a Professional Engineer certifying post-
development runoff characteristics (including peak flow, total volume of runoff, and
water quality of the runoff) for development and redevelopment projects as equal to
or less than the pre-development runoff characteristics. The plan shall show
proposed grading, description of stormwater management system with map of pre-
and post-development drainage, existing and proposed vegetation, recharge
analysis, hydrologic calculations, and estimated seasonal high groundwater.
2. Abutters list.
3. Erosion control plan.
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4. Operations and maintenance plan listing responsible parties, maintenance
agreements, maintenance schedule, and estimated annual budget (including
anticipated sources of funding)for operations and maintenance.
5. Record(s)of stormwater easements.
6. For subdivision applications, a plan showing the building envelope within each house
lot and proposed grading, drainage, and stormwater disposal for each lot.
7. Application and review fees.
C. Submittal requirements for an Administrative Approval shall include (but may not be
limited to)the following:
1. A stormwater management plan stamped by a Professional Engineer describing the
proposed alteration activities and the mitigation measures and best management
practices to be employed to manage stormwater generated by the alteration, and
certifying post-development runoff characteristics (including peak flow, total volume
of runoff, and water quality of the runoff)for development and redevelopment projects
as equal to or less than the pre-development runoff characteristics. The following
additional submittals may be required, but only if determined necessary by the
Commission or their Stormwater Agent to support the engineer's stormwater
Management plan and certification: Plan of proposed grading, more detailed
description and/or drawings of proposed stormwater management system with map
of pre- and post-development drainage, existing and proposed vegetation, recharge
analysis, hydrologic calculations, estimated seasonal high groundwater, and erosion
control plan.
2. Abutters list.
3. Application and review fees.
10. Application Review
A. Pre-Application Meeting. If a Stormwater Permit or Administrative Approval is required
under Section 4 of this bylaw, then applicants are strongly encouraged to schedule a pre-
application meeting with the Commission and/or its Stormwater Agent to review the
proposed development plans at the earliest feasible time.
B. Review and Comment by Town Boards and Departments. Following receipt of a
completed application for Stormwater Permit or for Administrative Approval, the
Commission shall provide the opportunity for review and comments from the Planning
Board, Board of Health, Sewer Commission, Water Commission, Building Inspector and
Department of Public Works. Failure by these other Town Boards or Departments to
make recommendations within fourteen days of receipt shall be deemed lack of
opposition.
C. Stormwater Permit. If a Stormwater Permit application is filed, then the review process
shall include a public hearing held by the Commission in conjunction with public hearings
held for other aspects of the project when practicable. The Commission shall hold a
separate hearing for the stormwater permit application if necessary. If a separate hearing
is required, then written notice shall be given, at the expense of the applicant, in a
newspaper of general circulation in the Town at least seven (7) working days prior to the
hearing; and the Commission shall also give written notice of the hearing to all abutters,
as that term may be defined by the Commission, also at least seven (7) working days
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prior to the hearing. Such notice shall be given in the form and manner that the
Commission shall prescribe.
1. The Commission shall commence the public hearing within twenty-one (21) calendar
days from the receipt of a complete application and shall issue its permit, denial or
determination in writing within twenty-one (21) calendar days after the close of said
public hearing. The Commission shall have the authority to continue any hearing to a
date certain announced at the hearing, for reasons stated at the hearing, which may
include receipt of additional information offered by the applicant or others, information
and plans required of the applicant deemed necessary by the Commission in its
discretion, or comments and recommendations of other Town boards and officials.
2. After review of the Stormwater Permit application, circulation to other boards, and
public hearing, the Commission may take one of the following actions within twenty-
one days after closing the public hearing:
a. Approve the application and issue a Stormwater Permit if it finds that the
proposed plan will protect water resources and meets the objectives and
requirements of this Bylaw.
b. Approve the application and issue a Stormwater Permit with conditions,
modifications, or restrictions as necessary to ensure protection of water
resources or to meet the objectives of this Bylaw.
c. Disapprove the application and deny a permit if it finds the proposed plan will not
protect water resources or fails to meet the objectives of this Bylaw; or if it finds
that the applicant has not submitted information sufficient for the Commission to
make such a determination.
3. A decision by the Commission shall be final. Appeal should be to a court of
competent jurisdiction pursuant to applicable law. The remedies listed in this Bylaw
are not exclusive of other remedies available under applicable federal, state, or local
law.
D. Administrative Approval. The Administrative Approval process shall require notification of
abutters, as that term may be defined by the Commission, but will not require a public
hearing and may be conducted by the Stormwater Agent acting on behalf of the
Commission. After completing a review and after circulating the application to other
boards, the Commission or its Stormwater Agent may take one of the following actions
within twenty-one (21)calendar days of receiving a complete application:
1. Approve the application if it finds that the proposed plan will protect water resources
and meets the objectives and requirements of this Bylaw.
2. Approve the application with conditions, modifications, or restrictions as necessary to
ensure protection of water resources or to meet the objectives of this Bylaw.
3. Disapprove the application and require submission of a Stormwater Permit to the
Commission.
4. Disapprove the application if it finds the proposed plan will not protect water
resources or fails to meet the objectives of this Bylaw; or if it finds that the applicant
has not submitted information sufficient for the Commission or its Stormwater Agent
to make such a determination.
5. A decision by the Commission or its Stormwater Agent shall be final. A decision by
the Stormwater Agent made under this Bylaw shall be reviewable by the Commission
if an appeal of the decision is filed with the Town Clerk within twenty days thereof,
and if the applicant files with such appeal a complete application for a Stormwater
Permit.
11. Site Inspection
Submittal of the Stormwater Permit or Administrative Approval application shall grant the
Commission and its agents with permission to enter the site for inspection.
12. Surety
For projects requiring a Stormwater Permit under 4.A, the Commission may require the posting of
a surety bond until work is completed.
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13. Enforcement
A. The Commission shall enforce this Bylaw with violation notices, administrative orders and
enforcement orders, and may pursue all civil and criminal remedies for such violations.
Mechanisms and procedures for enforcement shall be detailed in Rules and Regulations
adopted by the Commission pursuant to this Bylaw.
B. Any person who violates any provision of this Article, regulations thereunder, or permits
issued thereunder, shall be punished by a fine of one hundred ($100) dollars. Each day
or portion thereof during which a violation continues shall constitute a separate offense,
and each provision of the bylaw, regulations or permit violated shall constitute a separate
offense.
C. Non-criminal disposition. As an alternative to criminal prosecution or civil action, the
Commission may elect to utilize the non-criminal disposition procedure set forth in M.G.L.
Ch. 40, § 21 D and Section 1(h) of the Town's General Bylaws. The penalty for violation
shall be $100. Each day or part thereof that such violation occurs or continues shall
constitute a separate offence.
14. Severability
If any provision, paragraph, sentence, or clause of this Bylaw shall be held invalid for any reason,
all other provisions shall continue in full force and effect.
MOVED that the Town amend the General Bylaws by adding the following new Article XV:
COHASSET STORMWATER MANAGEMENT BYLAW
1. Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the Home Rule statutes, and pursuant to the federal Clean Water
Act, 33 U. S. C. §§ 1251-1386 (the "Act") and regulations issued pursuant to the Act which are
found at 40 CFR 122.34.
2. Purpose
The purpose of this Bylaw is to:
1. Prevent and reduce existing and future flooding.
2. Protect water quality.
3. Increase groundwater recharge.
4. Reduce erosion and sedimentation.
5. Promote environmentally sensitive site design practices.
6. Ensure long-term maintenance of stormwater controls.
7. Help the Town of Cohasset meet federal requirements under Phase II of the National
Pollutant Discharge Elimination System.
8. Establish the legal authority by which the Town of Cohasset can enforce the provisions of
this Bylaw and accompanying regulations.
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3. Definitions
The following definitions shall apply in the interpretation and implementation of this Bylaw. The
term "alter" shall include, without limitation, the following activities:
1. Changing of pre-existing drainage characteristics, adding impervious area or changing
type of land cover, or changing sedimentation patterns, flow patterns or flood retention
characteristics;
2. Dumping, discharging or filling with any material, or removal of material, which would alter
elevations or change drainage patterns or degrade water quality;
3. Driving of piles, erection, or expansion of buildings or structures of any kind;
4. Destruction of plant life, including clearing of trees;
5. Any activities, changes or work which may cause or tend to contribute to pollution of any
body of water or groundwater.
4. Regulated Activities
A. Regulated Activities Requiring a Stormwater Permit. The following activities, developments or
redevelopments require the issuance of a full Stormwater Permit by the Conservation
Commission (the "Commission") after the filing by the Applicant of a full application and full review
by the Commission through a public hearing:
1. Any activity that will alter 5,000 square feet or more of land.
2. Any construction or development activity on an undeveloped parcel of any size that will
increase the impervious surface area, or increase the amount or rate of runoff from the
parcel.
3. Any development or redevelopment of Land Uses with Higher Potential Pollutant Loads as
defined in the Massachusetts Stormwater Management Policy, which include, for example:
a. auto salvage yards (auto recycler facilities)
b. auto fueling facilities (gas stations)
C. exterior fleet storage areas (cars, buses, trucks, public works equipment)
d. exterior vehicle service, maintenance and equipment cleaning areas
e. commercial parking lots
f. road salt storage and loading areas
g. commercial nurseries
h. outdoor storage and loading/unloading of hazardous substances
i. marinas (service, painting and hull maintenance areas)
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B. Regulated Activities Requiring Administrative Approval. The following activities, which are
smaller than activities requiring a full Stormwater Permit, shall require approval under an
Administrative Approval process by the Commission or its Stormwater Agent:
1. Any activity that will result in a net increase in impervious surface area of more than 500
square feet of land but which will alter less than 5,000 square feet of land.
2. Any replacement of an existing building with a new building of more than 500 square feet.
C. Regulated Activities Completed in Phases Requiring a Stormwater Permit or Administrative
Approval:
1. Activities that are completed in phases, such as subdivision developments and phased
commercial developments which could be reasonably expected to alter more than the
thresholds in 4.A and 4.B shall require a Stormwater Permit or Administrative Approval prior
to beginning construction, even if the planned alteration is conducted over separate phases
and/or by separate owners.
5. Exempt Activities
A. This Bylaw shall not apply to the following activities:
1. Normal use, maintenance and improvement of land in agricultural use.
2. Maintenance of existing landscaping.
3. Repair or modification of a building that remains within its existing footprint.
4. Construction of a fence that will not alter existing terrain or drainage patterns.
5. Repairs or alterations to any stormwater management facility or practice that poses a
threat to public health, safety, or the environment.
6. Emergency work associated with accidents, spills or releases of oil or hazardous wastes,
or natural disasters.
7. Repair or maintenance of a sewage disposal system 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.
8. Any work or projects for which all necessary approvals and permits have been issued
before the effective date of this Bylaw.
6. Conservation Commission Authority
A. The Commission shall be responsible for issuing a Stormwater Permit.
B. The Commission may appoint a Licensed Professional Engineer with expertise in stormwater
management as its Stormwater Agent to assist the Commission. This position shall be funded
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from application and review fees charged to applicants during the Stormwater Permit and
Administrative Approval process.
C. The Commission shall review Stormwater Permit applications, conduct necessary site
inspections and investigations, issue final permits, and monitor and enforce permit conditions.
For Administrative Approval of projects regulated under Section 4.B of this Stormwater
Management Bylaw, the Stormwater Agent may represent the Commission by conducting site
inspections as necessary, issuing a decision based on review, and monitoring conditions stated in
the Administrative Approval.
D. The Commission shall establish (1) Application Fees and (2) Review Fees which are
sufficient to recover the cost for application review including assistance from the Stormwater
Agent. Separate application and review fees shall be established for the Stormwater Permit
process and for the Administrative Approval process which requires no public hearing. Said fees
and charges shall be established by regulations issued by the Commission.
7. Rules and Regulations
A. The Commission shall adopt and amend Rules and Regulations related to the submittal
requirements and performance standards required to obtain a Stormwater Permit or
Administrative Approval conducted pursuant to this Bylaw. Rules and Regulations shall be
adopted and amended after a public hearing and public comment period. The public hearing
shall be advertised in a newspaper of general local circulation at least seven days before the
hearing date.
B. Other boards, commissions, and departments are encouraged to adopt those Rules and
Regulations by reference.
C. Failure to promulgate such Rules and Regulations shall not have the effect of suspending
or invalidating this Bylaw.
8. Performance Standards
A. The purpose of the Stormwater Permit and Administrative Approval Program shall be to
maintain the post-development runoff characteristics (including peak flow, total volume of runoff,
and water quality of the runoff) for development and redevelopment projects as equal to or less
than the pre-development runoff characteristics.
B. Performance standards for site design, erosion control, stormwater management,
materials, vegetation, and other aspects of developments shall be outlined in the Rules and
Regulations. Performance standards shall include (but are not limited to) standards for the
following:
1. Peak discharge rates and runoff volumes (flooding protection and channel protection).
2. Recharge volume.
3. Pretreatment and water quality.
4. Erosion control and property damage.
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5. Vegetation, site design, and site restoration.
6. Integrity of stream channels, surface water, and aquatic habitats.
7. Application of Low-Impact Development measures to facilitate the maximum possible
infiltration of precipitation on-site.
C. Applicants shall meet these performance standards and those of the Massachusetts
Stormwater Management Policy (as may be amended), whichever are more stringent.
9. Submittal Requirements
A. Submittal requirements for a Stormwater Permit, or for Administrative Approval, shall be as
required below and as further defined in the Rules and Regulations.
B. Submittal requirements for a Stormwater Permit shall include (but may not be limited to)
the following:
1. Stormwater management plan stamped by a Professional Engineer certifying post-
development runoff characteristics (including peak flow, total volume of runoff, and water
quality of the runoff) for development and redevelopment projects as equal to or less than
the pre-development runoff characteristics. The plan shall show proposed grading,
description of stormwater management system with map of pre- and post-development
drainage, existing and proposed vegetation, recharge analysis, hydrologic calculations, and
estimated seasonal high groundwater.
2. Abutters list.
3. Erosion control plan.
4. Operations and maintenance plan listing responsible parties, maintenance agreements,
maintenance schedule, and estimated annual budget (including anticipated sources of
funding)for operations and maintenance.
5. Record(s) of stormwater easements.
6. For subdivision applications, a plan showing the building envelope within each house lot
and proposed grading, drainage, and stormwater disposal for each lot.
7. Application and review fees.
C. Submittal requirements for an Administrative Approval shall include (but may not be limited
to)the following:
1. A stormwater management plan stamped by a Professional Engineer describing the
proposed alteration activities and the mitigation measures and best management practices
to be employed to manage stormwater generated by the alteration, and certifying post-
development runoff characteristics (including peak flow, total volume of runoff, and water
quality of the runoff) for development and redevelopment projects as equal to or less than
the pre-development runoff characteristics. The following additional submittals may be
required, but only if determined necessary by the Commission or their Stormwater Agent to
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support the engineer's stormwater Management plan and certification: Plan of proposed
grading, more detailed description and/or drawings of proposed stormwater management
system with map of pre-and post-development drainage, existing and proposed vegetation,
recharge analysis, hydrologic calculations, estimated seasonal high groundwater, and
erosion control plan.
2. Abutters list.
3. Application and review fees.
10. Application Review
A. Pre-Application Meeting. If a Stormwater Permit or Administrative Approval is required
under Section 4 of this bylaw, then applicants are strongly encouraged to schedule a pre-
application meeting with the Commission and/or its Stormwater Agent to review the proposed
development plans at the earliest feasible time.
B. Review and Comment by Town Boards and Departments. Following receipt of a
completed application for Stormwater Permit or for Administrative Approval, the Commission shall
provide the opportunity for review and comments from the Planning Board, Board of Health,
Sewer Commission, Water Commission, Building Inspector and Department of Public Works.
Failure by these other Town Boards or Departments to make recommendations within fourteen
days of receipt shall be deemed lack of opposition.
C. Stormwater Permit. If a Stormwater Permit application is filed, then the review process
shall include a public hearing held by the Commission in conjunction with public hearings held for
other aspects of the project when practicable. The Commission shall hold a separate hearing for
the stormwater permit application if necessary. If a separate hearing is required, then written
notice shall be given, at the expense of the applicant, in a newspaper of general circulation in the
Town at least seven (7) working days prior to the hearing; and the Commission shall also give
written notice of the hearing to all abutters, as that term may be defined by the Commission, also
at least seven (7) working days prior to the hearing. Such notice shall be given in the form and
manner that the Commission shall prescribe.
1. The Commission shall commence the public hearing within twenty-one (21) calendar days
from the receipt of a complete application and shall issue its permit, denial or determination
in writing within twenty-one (21) calendar days after the close of said public hearing. The
Commission shall have the authority to continue any hearing to a date certain announced
at the hearing, for reasons stated at the hearing, which may include receipt of additional
information offered by the applicant or others, information and plans required of the
applicant deemed necessary by the Commission in its discretion, or comments and
recommendations of other Town boards and officials.
2. After review of the Stormwater Permit application, circulation to other boards, and public
hearing, the Commission may take one of the following actions within twenty-one days after
closing the public hearing:
a.Approve the application and issue a Stormwater Permit if it finds that the proposed plan
will protect water resources and meets the objectives and requirements of this Bylaw.
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b.Approve the application and issue a Stormwater Permit with conditions, modifications, or
restrictions as necessary to ensure protection of water resources or to meet the
objectives of this Bylaw.
c.Disapprove the application and deny a permit if it finds the proposed plan will not protect
water resources or fails to meet the objectives of this Bylaw; or if it finds that the applicant
has not submitted information sufficient for the Commission to make such a
determination.
3. A decision by the Commission shall be final. Appeal should be to a court of competent
jurisdiction pursuant to applicable law. The remedies listed in this Bylaw are not exclusive
of other remedies available under applicable federal, state, or local law.
D. Administrative Approval. The Administrative Approval process shall require notification of
abutters, as that term may be defined by the Commission, but will not require a public hearing
and may be conducted by the Stormwater Agent acting on behalf of the Commission. After
completing a review and after circulating the application to other boards, the Commission or its
Stormwater Agent may take one of the following actions within twenty-one (21) calendar days of
receiving a complete application:
1. Approve the application if it finds that the proposed plan will protect water resources and
meets the objectives and requirements of this Bylaw.
2. Approve the application with conditions, modifications, or restrictions as necessary to
ensure protection of water resources or to meet the objectives of this Bylaw.
3. Disapprove the application and require submission of a Stormwater Permit application to
the Commission.
4. Disapprove the application if it finds the proposed plan will not protect water resources or
fails to meet the objectives of this Bylaw; or if it finds that the applicant has not submitted
information sufficient for the Commission or its Stormwater Agent to make such a
determination.
5. A decision by the Commission or its Stormwater Agent shall be final. A decision by the
Stormwater Agent made under this Bylaw shall be reviewable by the Commission if an
appeal of the decision is filed with the Town Clerk within twenty days thereof, and if the
applicant files with such appeal a complete application for a Stormwater Permit.
11. Site Inspection
Submittal of the Stormwater Permit or Administrative Approval application shall grant the
Commission and its agents with permission to enter the site for inspection.
12. Surety
For projects requiring a Stormwater Permit under 4.A, the Commission may require the posting of
a surety bond until work is completed.
13. Enforcement
A. The Commission shall enforce this Bylaw with violation notices, administrative orders and
enforcement orders, and may pursue all civil and criminal remedies for such violations.
Mechanisms and procedures for enforcement shall be detailed in Rules and Regulations adopted
by the Commission pursuant to this Bylaw.
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B. Any person who violates any provision of this Article, regulations thereunder, or permits
issued thereunder, shall be punished by a fine of one hundred ($100) dollars. Each day or
portion thereof during which a violation continues shall constitute a separate offense, and each
provision of the bylaw, regulations or permit violated shall constitute a separate offense.
C. Non-criminal disposition. As an alternative to criminal prosecution or civil action, the
Commission may elect to utilize the non-criminal disposition procedure set forth in M.G.L. Ch. 40,
§ 21 D and Section 1(h) of the Town's General Bylaws. The penalty for violation shall be $100.
Each day or part thereof that such violation occurs or continues shall constitute a separate
offence.
14. Severability
If any provision, paragraph, sentence, or clause of this Bylaw shall be held invalid for any reason,
all other provisions shall continue in full force and effect.
Motion adopted.
Article 25: Citizens Petition—Operation of Leaf Blowers Bylaw
Proposed Bylaw: To limit gas and gas-generated electric leaf-blower usage to the following hours:
Tuesday-Saturday, 9 am—5 pm. Violation of this ordinance will result in the assessment of a two
hundred fine upon the offending property owner.
NAME ADDRESS NAME ADDRESS
Doris Mandeville 25 Oak St. Walter Ross 159 So. Main St
Kristin Norton 320 No. Main St. Lorraine Cunningham 11 Oak St.
Woodworth Chittick 98 So. Main St. Davenport Crocker 79 Spring St.
James Porter 194 So. Main St. George MacCleave 9 James Ln.
Robert Sweeney 15 James Ln. Mary Louise Clark Slotnick 190 So. Main St
MOVED, that the following bylaw be inserted into the General Bylaws of the Town of Cohasset as
section 42, "Noise from Leaf Blowers" of Article VII ("Safety and Public Order", as follows:
Section 42, Noise from Leaf Blowers
(a) No property owner shall operate, nor allow others to operate on his or her property, Gas -
Powered, and Gas or Diesel - Generated Electric Leaf Blowers, as defined hereinafter, other than
during the following hours: weekly, Tuesday-Saturday, 9 a.m. - 5 p.m.
(b) Definitions
'Gas - Powered Leaf Blowers' are defined as portable power equipment that is powered by a self
- contained fuel combustion engine and used in any landscape, maintenance, construction,
property repair, or property maintenance for the purpose of blowing, dispersing, redistributing
dust, dirt, leaves, grass clippings, cuttings and trimmings from trees and shrubs, or other debris.
'Gas or Diesel - Generated Electric Leaf Blowers' are defined as portable power equipment that is
powered by any free - standing, exterior generator that converts gas or diesel fuel into electricity,
and used in any landscape, maintenance, construction, property repair, or property maintenance
for the purpose of blowing, dispersing, or redistributing dust, dirt, leaves, grass clippings, cuttings
and trimmings from trees and shrubs, or other debris.
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(c) Notice
of the provisions of this bylaw, including penalties for violations of such provisions and the
effective date thereof, shall be posted in all stores selling leaf blowers of any kind, and in all
businesses selling landscape, maintenance, construction, property repair or maintenance tools or
material. Notice of this bylaw shall also be conspicuously displayed at the Town Hall, and at the
Cohasset Public Library.
(d)Violations
Each instance in which a property owner operates or allows the operation of a Gas - Powered, or
Gas or Diesel - Generated Electric Leaf Blower as defined in this bylaw, upon his or her property
shall constitute a separate violation of this ordinance.
(e) Effective date
The provisions of this bylaw shall become effective on and after January 1, 2009.
(f) Enforcement
The provisions of this bylaw shall be enforced by the town of Cohasset police, who may utilize
non criminal ticketing for the violation of this bylaw pursuant to Cohasset General Bylaws Article I
General Provisions, section 1(h).
(g)Penalties
First offense: warning to the owner and/or operator.
Second and subsequent offenses: $200 penalty, to be levied upon the property owner.
Motion defeated.
It was moved and seconded at 4 p.m. that this meeting stand adjourned to Saturday, April 5,
2008 for the election of town officers.
A True Record, ATTEST:
Marion L. Douglas, Town Clerk
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