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HomeMy WebLinkAboutMinutes - TM - 03/31/2001INDEX --- MARCH 31, 2001 ANNUAL TOWN MEETING ARTICLE # DESCRIPTION OF ARTICLE 1 Reports of Town Officers. Adopted. 2 Reports of Committees. Adopted unanimously. 3 Operating budget FY 2002. Adopted unanimously. 4 Departmental transfers. Adopted. 5 Assessors’ exemptions. Adopted. Citizens Petition – Rezone Property on CJC Way Citizens Petition – Act to set the Number of Signatures needed for a warrant article for a Special Town Meeting to 100 Expand Woodside Cemetery Addition funding for Hagerty Property Establish enterprise fund for Sewer Department I/I analysis in existing sewer piping Treatment plant capacity/environmental studies Acquire land known as “Wolf Pit” Act to allow Water Commissioners to serve in other town offices Amend Article XIII, Hazardous Materials Bylaw Amend Zoning Bylaws, Section 14 – Water Resource District Act to authorize Town of Cohasset to establish separate account authorized by community preservation fund with funds distributed by register of deeds Amend Article VII, Safety & Public Order Section 26 Amend Article VII, Safety & Public Order – New Section Rezone Hagerty Property to Open Space Amend Zoning Bylaws – New Section – “Accessory Dwelling” Amend Section 5.2.6 of Zoning Bylaws Amend Section 5.2.8 of Zoning Bylaws Amend Section 97.8a of Zoning Bylaws Amend Section 7.2 of Zoning Bylaws Citizens’ Petition – Catch Basin Installation of Highland Ave. Citizens’ Petition – Assess Impact of New Logan Runway Citizens’ Petition – Ban of Sale of Mercury Thermometers Citizens’ Petition – amend Section 6 of Article III of General Bylaws Citizens’ Petition – Amend Section 12.5 of Zoning Bylaws Citizens’ Petition – Amend Article VII of General Bylaws New Section, “Regulation of Air Emissions from Landfills Citizens’ Petition – Amend General Bylaws by Adding New Article, “Ground Water Cleanup Standards Additional Funding for Middle/High & Deer Hill Schools Stabilization Fund Annual Town Meeting -- March 31, 2001 At the Annual Town Meeting held on Saturday, March 31, 2001 at the Cohasset High School Sullivan Gymnasium the following articles were contained in the warrant and acted upon as follows. Checkers sworn in by the Town Clerk, Marion L. Douglas at 9:30 a.m. were Carol St. Pierre, Janice Rosano, Debra Krupczak, Jean Thompson and Shirley Tewksbury. Tellers were appointed and sworn in by the Moderator, George L. Marlette III. The Moderator called the meeting to order at 10:10 a.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled for Precinct 1 - 200 and precinct 2 - 143. The Rev. Gary Ritts gave the invocation. Members of the Boy Scouts called the pledge of allegiance. Voted unanimously to dispense with the reading of the call of the Meeting and Return of Service having been examined by the Moderator and found to be in order. Moved the following rules of procedure be adopted for 2001, Annual Town Meeting: that at the beginning of the Annual Town Meeting, the Moderator shall call aloud each of the articles printed in the warrant by number, that those articles for which any voter states a “hold” shall be held for further debate, that those articles upon which no hold has been placed shall all then and there all collectively, by one motion, be adopted in accordance with the proposed Town Manager’s motions for each respective article and that the remaining articles that have been so held shall thereafter be called individually by the Moderator for separate debate and vote, unless at the time the article is called, the hold thereon is withdrawn, in which event the article shall then and there be voted upon without further debate. Motion adopted unanimously. Article 1: To act upon the reports of the various Town Officers as printed in the Annual Town Report for 2000. Moved that the reports of the various Town Officers as printed in the Annual Town Report for 2000 be accepted, and filed with the permanent records of the Town. Motion adopted unanimously. Article 2: To hear the reports of any Committee heretofore chosen and act thereon. Moved that the reports of any committee heretofore chosen be heard and accepted and that committee continue in office. Motion adopted unanimously. Resolution offered by Adrienne MacCarthy, member of the School Building Committee. WHEREAS, Robert G. Beggan having served on the School Facilities/Building Committee for seventeen (17) years, and WHEREAS, he did so with due diligence, logic, reason and a sense of humor, and WHEREAS, his style has earned the respect of all of us and will surely be missed. NOW THEREFORE, be it resolved, that we the School Facilities/Building Committee and the Town of Cohasset, who have benefited from his diligence, acknowledge, with great appreciation, his valuable contribution to the Town’s schools and its children this thirty first (31st) day of March in the year 2001. Bob, you truly are the epitomy of a public servant – Thank you! Resolution 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. APPENDICES A & B APPENDIX A TOWN MANAGER'S RECOMMENDATIONS, ARTICLE 3 ANNUAL TOWN MEETING, MARCH 31, 2001 Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 1999 Fiscal 2000 Fiscal 2001 Fiscal 2002 Fiscal 2002 GENERAL GOVERNMENT 114 Moderator Personal Services $445.00 $391.00 $573.00 $573.00 $573.00 122 Board of Selectmen Elected Officials $5,499.84 $5,499.84 $5,500.00 $5,500.00 $5,500.00 General Expenses $60,930.49 $52,403.72 $65,112.00 $64,412.00 $64,412.00 129 Town Manager Personal Services $68,000.00 $74,999.88 $80,000.00 $90,000.00 $90,000.00 Town Hall Clerical $325,141.88 $323,835.11 $363,897.00 $367,000.00 $367,000.00 General Expenses $1,935.00 $3,597.20 $3,985.00 $4,485.00 $4,485.00 131 Advisory Committee General Expenses $135.00 $0.00 $345.00 $345.00 $345.00 133 Reserve Fund Reserve Fund $0.00 $0.00 $100,000.00 $100,000.00 $100,000.00 135 Director of Finance/Town Accountant Personal Services $58,061.99 $63,080.00 $70,200.00 $75,200.00 $75,200.00 General Expenses $20,530.00 $23,985.53 $18,700.00 $26,400.00 $24,700.00 141 Board of Assessors Elected Officials $3,683.30 $3,699.96 $3,700.00 $3,700.00 $3,700.00 Personal Services $53,451.91 $56,759.51 $59,023.00 $61,376.00 $61,376.00 General Expenses $24,720.27 $8,625.70 $9,780.00 $12,255.00 $12,255.00 145 Treasurer Collector Personal Services $46,000.00 $54,054.71 $53,500.00 $58,000.00 $58,000.00 General Expenses $58,425.78 $36,483.03 $42,350.00 $41,250.00 $41,250.00 151 Legal Budget General Expenses $259,655.38 $174,056.56 $140,000.00 $120,000.00 $120,000.00 152 Miscellaneous Town Reports $14,446.00 $10,545.21 $10,000.00 $15,000.00 $15,000.00 Parking Clerk $2,432.80 $2,494.79 $2,200.00 $2,500.00 $2,500.00 Annual Audit $7,500.00 $7,500.00 $7,500.00 $8,500.00 $8,500.00 South Shore Coalition - Refuse $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 Water Purchase $25,000.00 $39,000.00 $35,000.00 $35,000.00 $35,000.00 Plumbing & Gas Inspections $5,835.00 $5,355.00 $5,800.00 $5,800.00 $5,800.00 Sealer Weights/Measures Salary $999.96 $999.96 $2,000.00 $2,600.00 $2,600.00 Sealer Weights/Measures Expenses $194.33 $130.34 $450.00 $450.00 $450.00 Emergency Management Salaries $350.00 $350.00 $450.00 $450.00 $450.00 Social Service League - Services $42,787.92 $45,789.96 $46,754.00 $0.00 $0.00 Veteran's Agent Salary $1,599.96 $1,466.63 $1,600.00 $1,600.00 $1,600.00 Veteran's Agent Expenses $366.88 $387.42 $1,000.00 $1,000.00 $1,000.00 Commission on Disabilities $0.00 $0.00 $100.00 $100.00 $100.00 Historical Commission $91.40 $0.00 $200.00 $200.00 $200.00 Historical Preservation Salary $600.00 $0.00 $600.00 $600.00 $600.00 Historical Preservation Expenses $99.35 $189.34 $200.00 $200.00 $200.00 Keeper of the Town Clock $100.00 $100.00 $100.00 $100.00 $100.00 Keeper of the Town Pump $0.00 $100.00 $100.00 $100.00 $100.00 Town Celebrations $1,700.00 $1,700.00 $1,700.00 $1,700.00 $1,700.00 Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 1999 Fiscal 2000 Fiscal 2001 Fiscal 2002 Fiscal 2002 161 Town Clerk & Elections Elected Officials $40,950.00 $44,999.18 $48,000.00 $50,400.00 $50,400.00 Part-time Salaries $11,204.07 $8,779.32 $11,824.00 $10,140.00 $10,140.00 General Expenses $25,834.15 $9,562.83 $10,576.00 $18,365.00 $8,765.00 171 Conservation Commission General Expenses $29,050.00 $22,822.12 $23,250.00 $26,820.00 $26,820.00 175 Planning Board Payroll & General Expenses $3,507.84 $3,015.46 $28,980.00 $51,980.00 $51,980.00 176 Zoning Board of Appeals General Expenses $3,504.91 $3,453.11 $4,385.00 $4,385.00 $4,385.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL GENERAL GOVERNMENT $1,208,770.41 $1,094,212.42 $1,263,434.00 $1,272,486.00 $1,261,186.00 ================= ================= ================= ================= ================= PUBLIC SAFETY 210 Police Department Personal Services $1,063,497.22 $1,239,661.63 $1,282,229.00 $1,353,102.00 $1,348,928.00 General Expenses $61,571.30 $60,234.22 $68,575.00 $70,975.00 $70,975.00 Cruiser Purchase $45,375.90 $30,000.00 $54,000.00 $52,000.00 $26,000.00 220 Fire Department Personal Services $1,098,272.74 $1,173,072.83 $1,222,150.00 $1,274,693.00 $1,328,272.00 General Expenses $74,999.81 $81,264.85 $113,525.00 $126,825.00 $112,725.00 Hydrant Rental $121,328.42 $65,752.00 $132,698.00 $140,198.00 $132,698.00 241 Building Commissioner Personal Services $48,616.00 $52,725.59 $55,342.00 $57,540.00 $57,540.00 General Expenses $3,182.73 $3,209.05 $3,655.00 $3,655.00 $3,655.00 245 Electrical Inspector General Expenses $12,899.67 $12,304.09 $12,500.00 $14,500.00 $14,500.00 295 Harbor Master Personal Services $46,888.00 $49,279.34 $49,805.00 $51,374.00 $51,374.00 General Expenses $7,803.04 $5,610.43 $7,400.00 $7,400.00 $7,400.00 Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 1999 Fiscal 2000 Fiscal 2001 Fiscal 2002 Fiscal 2002 296 Shellfish Constable Personal Services $500.00 $500.00 $500.00 $500.00 $500.00 General Expenses $0.00 $0.00 $0.00 $0.00 $0.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL PUBLIC SAFETY $2,584,934.83 $2,773,614.03 $3,002,379.00 $3,152,762.00 $3,154,567.00 ================= ================= ================= ================= ================= SCHOOLS 300 Cohasset Public Schools Osgood Elementary School Salaries $1,231,648.00 $1,281,162.00 $1,339,376.00 $1,497,660.00 $1,497,660.00 Expenses $153,667.00 $156,054.00 $157,764.00 $172,794.00 $172,794.00 Special Education Salaries $218,839.00 $212,788.00 $272,017.00 $339,501.00 $339,501.00 Special Education Expenses $2,093.00 $2,294.00 $3,615.00 $3,615.00 $3,615.00 Sub Total $1,606,247.00 $1,652,298.00 $1,772,772.00 $2,013,570.00 $2,013,570.00 Deer Hill Elementary School Salaries $1,282,464.00 $1,337,149.00 $1,393,780.00 $1,475,029.00 $1,475,029.00 Expenses $109,860.00 $107,916.00 $104,939.00 $123,539.00 $123,539.00 Special Education Salaries $252,595.00 $338,307.00 $431,115.00 $475,910.00 $475,910.00 Special Education Expenses $3,083.00 $1,986.00 $2,706.00 $3,037.00 $3,037.00 Sub Total $1,648,002.00 $1,785,358.00 $1,932,540.00 $2,077,515.00 $2,077,515.00 Middle/Senior High School Salaries $2,961,760.00 $3,136,643.00 $3,004,771.00 $3,332,573.00 $3,332,573.00 Expenses $526,801.00 $557,484.00 $606,042.00 $599,518.00 $599,518.00 Special Education Salaries $208,537.00 $234,208.00 $248,136.00 $262,438.00 $262,438.00 Special Education Expenses $4,720.00 $2,131.00 $5,431.00 $6,061.00 $6,061.00 Sub Total $3,701,818.00 $3,930,466.00 $3,864,380.00 $4,200,590.00 $4,200,590.00 All District Salaries $446,128.23 $382,125.00 $534,708.00 $464,268.00 $464,268.00 Expenses $145,686.00 $139,474.00 $185,136.00 $165,935.00 $165,935.00 Special Education Salaries $95,492.00 $132,592.00 $295,016.00 $298,100.00 $298,100.00 Special Education Expenses $833,150.00 $916,612.00 $959,003.00 $923,577.00 $923,577.00 Sub Total $1,520,456.23 $1,570,803.00 $1,973,863.00 $1,851,880.00 $1,851,880.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ Total Cohasset Public Schools $8,476,523.23 $8,938,925.00 $9,543,555.00 $10,143,555.00 $10,143,555.00 301 South Shore Vocational Technical Regional Assessment $99,072.00 $85,156.00 $54,431.00 $55,125.00 $55,125.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL SCHOOLS $8,575,595.23 $9,024,081.00 $9,597,986.00 $10,198,680.00 $10,198,680.00 ================= ================= ================= ================= ================= Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 1999 Fiscal 2000 Fiscal 2001 Fiscal 2002 Fiscal 2002 PUBLIC WORKS 422 Department of Public Works Personal Services $415,915.98 $444,090.33 $502,177.00 $539,377.00 $539,377.00 General Expenses $418,674.51 $431,576.62 $484,534.00 $489,120.00 $464,120.00 Building Maintenance $60,673.64 $120,827.92 $338,176.00 $346,454.00 $317,954.00 Snow & Ice Control $89,461.34 $66,633.98 $50,000.00 $50,000.00 $50,000.00 Street Lighting $46,293.58 $45,973.55 $46,000.00 $50,000.00 $50,000.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL PUBLIC WORKS $1,031,019.05 $1,109,102.40 $1,420,887.00 $1,474,951.00 $1,421,451.00 ================= ================= ================= ================= ================= HEALTH & SANITATION 440 Sewers General Expenses $176,129.76 $170,836.23 $241,271.00 $797,021.00 $797,021.00 510 Board of Health Personal Expenses $51,586.10 $52,925.59 $56,364.00 $91,797.00 $91,797.00 General Expenses $32,419.96 $17,427.37 $17,340.00 $20,690.00 $13,890.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL HEALTH & SANITATION $260,135.82 $241,189.19 $314,975.00 $909,508.00 $902,708.00 ================= ================= ================= ================= ================= HUMAN SERVICES 541 Elder Affairs Board Personal Services $68,350.31 $75,572.66 $93,461.00 $98,469.00 $98,469.00 General Expenses $26,074.22 $29,565.00 $35,515.00 $39,015.00 $27,515.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL HUMAN SERVICES $94,424.53 $105,137.66 $128,976.00 $137,484.00 $125,984.00 ================= ================= ================= ================= ================= CULTURE AND RECREATION 610 Library Personal Services $232,061.98 $229,140.49 $251,062.00 $267,204.00 $260,705.00 General Expenses $64,617.07 $58,654.00 $65,530.00 $70,237.00 $70,237.00 630 Recreation Commission Personal Expenses $94,490.74 $85,908.31 $107,283.00 $109,829.00 $109,829.00 General Expenses $3,299.73 $3,869.82 $4,500.00 $4,500.00 $4,500.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL CULTURE & RECREATION $394,469.52 $377,572.62 $428,375.00 $451,770.00 $445,271.00 ================= ================= ================= ================= ================= Town Department Manager Dept. Expended Expended Appropriated Requested Recommended No. Appropriation Account Fiscal 1999 Fiscal 2000 Fiscal 2001 Fiscal 2002 Fiscal 2002 OTHER BUDGETS 710 Debt Service Principal $533,250.00 $479,785.00 $564,392.00 $789,042.00 $789,042.00 Interest $203,179.17 $358,527.54 $501,340.00 $434,417.00 $434,417.00 Excluded Debt $480,793.86 $1,158,156.97 $1,480,507.00 $1,879,767.00 $1,879,767.00 911 Benefits and Insurance Pension - County Assessment $560,448.00 $602,667.00 $647,867.00 $647,867.00 $647,867.00 Pension - Non Contributory Assessment $3,316.80 $3,316.80 $3,400.00 $3,400.00 $3,400.00 Workers Compensation Insurance $85,480.01 $68,441.00 $105,000.00 $105,000.00 $105,000.00 Unemployment Insurance $0.00 $5,747.29 $5,000.00 $5,000.00 $5,000.00 Health Insurance $865,012.80 $945,248.19 $1,090,000.00 $1,288,000.00 $1,288,000.00 Life Insurance $4,548.50 $5,259.50 $6,000.00 $5,000.00 $5,000.00 Medicare Tax - Employer Contribution $89,210.48 $102,155.27 $100,000.00 $122,000.00 $122,000.00 Property & Liability Insurance $135,733.28 $99,050.70 $130,000.00 $130,000.00 $130,000.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL OTHER BUDGETS $2,960,972.90 $3,828,355.26 $4,633,506.00 $5,409,493.00 $5,409,493.00 ================= ================= ================= ================= ================= WATER DEPARTMENT 450 Water Department General Expenses $621,454.00 $600,923.77 $632,406.00 $641,872.00 $641,872.00 Other Appropriations $0.00 $125,348.54 $210,300.00 $129,806.00 $129,806.00 Maturing Debt $330,750.00 $392,150.00 $498,850.00 $667,910.00 $667,910.00 Interest $217,662.29 $322,656.00 $386,731.00 $401,640.00 $401,640.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL WATER DEPARTMENT $1,169,866.29 $1,441,078.31 $1,728,287.00 $1,841,228.00 $1,841,228.00 ================= ================= ================= ================= ================= TOTAL OPERATING BUDGET $18,280,188.58 $19,994,342.89 $22,518,805.00 $24,848,362.00 $24,760,568.00 ================= ================= ================= ================= ================= SUMMARY General Government $1,208,770.41 $1,094,212.42 $1,263,434.00 $1,272,486.00 $1,261,186.00 Public Safety $2,584,934.83 $2,773,614.03 $3,002,379.00 $3,152,762.00 $3,154,567.00 Schools $8,575,595.23 $9,024,081.00 $9,597,986.00 $10,198,680.00 $10,198,680.00 Department of Public Works $1,031,019.05 $1,109,102.40 $1,420,887.00 $1,474,951.00 $1,421,451.00 Health and Sanitation $260,135.82 $241,189.19 $314,975.00 $909,508.00 $902,708.00 Human Services $94,424.53 $105,137.66 $128,976.00 $137,484.00 $125,984.00 Culture and Recreation $394,469.52 $377,572.62 $428,375.00 $451,770.00 $445,271.00 Other Budgets $2,960,972.90 $3,828,355.26 $4,633,506.00 $5,409,493.00 $5,409,493.00 Water Department $1,169,866.29 $1,441,078.31 $1,728,287.00 $1,841,228.00 $1,841,228.00 ------------------------------ ------------------------------ ------------------------------ ------------------------------ ------------------------------ TOTAL OPERATING BUDGET $18,280,188.58 $19,994,342.89 $22,518,805.00 $24,848,362.00 $24,760,568.00 ================= ================= ================= ================= ================= SALARY & RATE SCHEDULES - FISCAL 2002 3% PAY GRADE Min 1st 2nd 3rd 4th 5th 6th A Hourly 8.4109 8.8923 9.3991 9.9056 10.4124 10.9190 11.4384 35 Hrs. 294.38 311.23 328.97 346.70 364.43 382.17 400.34 40 Hrs. 336.44 355.69 375.96 396.22 416.49 436.76 457.53 B Hourly 9.0697 9.6017 10.1590 10.7037 11.2610 11.7678 12.3252 35 Hrs. 317.44 336.06 355.56 374.63 394.13 411.87 431.38 40 Hrs. 362.79 384.07 406.36 428.15 450.44 470.71 493.01 C Hourly 9.7917 10.3996 10.9570 11.5397 12.1098 12.7177 13.3384 35 Hrs. 342.71 363.99 383.50 403.89 423.84 445.12 466.84 40 Hrs. 391.67 415.98 438.28 461.59 484.39 508.71 533.54 D Hourly 10.5897 11.2104 11.8691 12.4770 13.1231 13.7691 14.4026 35 Hrs. 370.64 392.36 415.42 436.70 459.31 481.92 504.09 40 Hrs. 423.59 448.42 474.76 499.08 524.93 550.77 576.10 E Hourly 11.4384 12.0971 12.8064 13.4652 14.1619 14.8585 15.5552 35 Hrs. 400.34 423.40 448.22 471.28 495.67 520.05 544.43 40 Hrs. 457.53 483.89 512.26 538.61 566.48 594.34 622.21 F Hourly 12.3378 13.0598 13.8197 14.5418 15.2512 16.0366 16.7839 35 Hrs. 431.82 457.09 483.69 508.96 533.79 561.28 587.43 40 Hrs. 493.51 522.39 552.79 581.67 610.05 641.46 671.35 G Hourly 13.3258 14.1238 14.8966 15.7199 16.5179 17.3159 18.0887 35 Hrs. 466.40 494.33 521.38 550.20 578.13 606.06 633.10 40 Hrs. 533.03 564.95 595.86 628.79 660.72 692.64 723.55 H Hourly 14.3770 15.2385 16.0998 16.9740 17.8606 18.6966 19.5579 35 Hrs. 503.20 533.35 563.49 594.09 625.12 654.38 684.53 40 Hrs. 575.08 609.54 643.99 678.96 714.42 747.86 782.32 I Hourly 15.5173 16.4672 17.3793 18.3294 19.2540 20.1914 21.1287 35 Hrs. 543.10 576.35 608.28 641.53 673.89 706.70 739.50 40 Hrs. 620.69 658.69 695.17 733.17 770.16 807.66 845.15 J Hourly 16.7712 17.7719 18.7600 19.7733 20.7614 21.8255 22.8387 35 Hrs. 586.99 622.02 656.60 692.07 726.65 763.89 799.35 40 Hrs. 670.85 710.88 750.40 790.93 830.46 873.02 913.55 K Hourly 18.1013 19.2033 20.2673 21.3947 22.4588 23.5482 24.6502 35 Hrs. 633.55 672.12 709.36 748.82 786.06 824.19 862.76 40 Hrs. 724.05 768.13 810.69 855.79 898.35 941.93 986.01 L Hourly 19.5706 20.7487 21.9394 23.1175 24.2955 25.4609 26.6136 35 Hrs. 684.97 726.21 767.88 809.11 850.34 891.13 931.47 40 Hrs. 782.82 829.95 877.58 924.70 971.82 1018.44 1064.54 M Hourly 21.1287 22.4207 23.6494 24.9289 26.2082 27.4876 28.7670 35 Hrs. 739.50 784.73 827.73 872.51 917.29 962.07 1006.84 40 Hrs. 845.15 896.83 945.98 997.16 1048.33 1099.50 1150.68 N Hourly 22.8134 24.1815 25.5496 26.9303 28.2729 29.6664 31.0470 35 Hrs. 798.47 846.35 894.23 942.56 989.55 1038.32 1086.64 40 Hrs. 912.53 967.26 1021.98 1077.21 1130.92 1186.65 1241.88 O Hourly 24.6502 26.1322 27.6016 29.1090 30.6038 32.0731 33.5426 35 Hrs. 862.76 914.63 966.06 1018.82 1071.13 1122.56 1173.99 40 Hrs. 986.01 1045.29 1104.07 1164.36 1224.15 1282.92 1341.70 Pay Positions Group Authorized Schedule Hours Schedule 1 - Regular Employees Board of Assessors Deputy Assessor/Appraiser Contract 1 40 Assistant Assessor H 1 7 30 Building Department Building Commissioner/Zoning Officer Contract 1 40 Clerk D 1 7 21 Civilian Dispatch Communications Supervisor H 1 1 40 Communications Officer E 3 1 40 Communications Officer E 1 1 16 Elder Affairs Director Contract 1 40 Elder Advocate G 1 1 24 Van Driver F 1 1 19 Clerk D 1 1 25 Fire Department Fire Chief Contract 1 40 Captain FS - 12 4 5 42 Firefighter – Paramedic FS - 11 6 5 42 Firefighter – EMT FS - 10 8 5 42 Firefighter – Mechanic FS - 10 1 5 42 Private FS - 09 5 5 42 Harbor Department Harbormaster Contract 1 1 40 Health, Board of Health Agent Contract 1 40 Health/Sewer Secretary H 1 7 40 Library Chief Librarian Contract 1 40 Staff Librarian L5 1 6 35 Staff Librarian L5 1 6 32 Library Assistant L4 1 6 32 Library Technician L3 1 6 35 Library Technician L3 1 6 19 Senior Clerk L2 1 6 35 Planning Board/Conservation Commission Town Planner Contract 1 40 Secretary G 1 7 40 Police Department Police Chief Contract 1 40 Sergeant PS - 11 4 4 37.5 Patrolman PS - 09 14 4 37.5 Secretary F 1 7 35 Public Works, Department of Superintendent Contract 1 40 Working Foreman H 2 1 40 Working Foreman I 2 1 40 Master Mechanic/Heavy Equip Operator I 1 1 40 Heavy Equipment Operator G 3 1 40 Skilled Utility Worker F 2 1 40 Public Works, Department of (Cont) Tree Climber F 1 1 40 Maintenance Worker E 3 1 40 Skilled Utility Worker - Cemetery E 1 1 40 Clerk G 1 1 30 Recreation Director Contract 1 40 Selectmen, Board of Administrative Assistant/Human Resources H 1 1 40 Secretary/Receptionist F 1 1 35 Director of Finance/Town Accountant Director of Finance/Town Accountant Contract 1 40 Assistant Town Accountant F 1 7 21 Administrative Assistant G 1 7 35 Town Clerk Assistant Town Clerk G 1 7 40 Town Manager Town Manager Contract 1 40 Treasurer/Collector Treasurer/Collector Contract 1 40 Assistant Treasurer/Collector H 1 7 40 Assistant to Treasurer G 1 7 25 Schedule 1a - Elected Employees Town Clerk $50,400 Clerk, Board of Registrars $329 Moderator $1 Board of Selectmen: Chair $1,500 Members (4) at $1,000 $4,000 Board of Assessors: Chair $1,300 Members (2) at $1,200 $2,400 Schedule 2a - Part Time Positions Annual Veterans' Agent $1,600 Member, Board of Registrars $326 Sealer of Weights and Measurers $2,600 Town Archivist $600 Director of Emergency Management $350 Assistant Director of Emergency Management $100 Shellfish Constable $500 Animal Control Officer $15,960 Keeper of the Town Clock $100 Keeper of the Town Pump $100 Schedule 2b - Part Time Positions Hourly ** Assistant Harbor Master $10.00 Casual Labor $6.75 Election Officers $8.51 Election Clerk $8.75 Election Warden $9.00 Summer Patrolman $14.00 Police Matron $12.36 Deputy Building Inspector (H-Min) $14.37 Library Pages $6.75 Recording Secretary $9.00 Schedule 3 - Part Time Positions Constable - Per Notice $20.00 Schedule 4 - Informational Only Police Department (Collective Bargaining Unit) Schedule 5 - Informational Only Fire Department (Collective Bargaining Unit) Schedule 6 - Informational Only Library (Collective Bargaining Unit) Schedule 7 - Informational Only Municipal Clerical and Custodial (Collective Bargaining Unit) Exempt Positions - Per the Fair Labor Standards Act Deputy Assessor Appraiser Chief Librarian Building Commissioner Police Chief Director of Finance/Town Accountant Recreation Director Elder Affairs Director Superintendent of Public Works Fire Chief Town Manager Harbormaster Treasurer/Collector Health Agent Town Planner Moved that Twenty Four Million Seven Hundred Sixty Thousand Five Hundred Sixty Eight ($24,760,568.00) Dollars be appropriated for the Fiscal Year 2002 Annual Town Budget to be allotted as follows: Fifty Nine Thousand Nine Hundred Thirty ($59,930.00) Dollars for salaries of elected Town Officials consisting of the Town Clerk, $50,400.00; Clerk, Board of Registrars, $329.00; Moderator, $1.00; Selectmen, Chairman, $1,500.00, Members (4) at $1,000.00, $4,000.00; Board of Assessors, Chairman, $1,300.00, Members (2) at $1,200.00, $2,400.00; and the remaining Twenty Four Million Seven Hundred Thousand Six Hundred Thirty Eight ($24,700,638.00) Dollars for Personal Services, Expenses and Capital Outlays, Interest on Maturing Debt and other charges for the various departments as recommended for purposes in Appendix A and Appendix B of the Warrant for the 2001 Annual Town Meeting, a copy of which Appendices are incorporated here by reference, and to meet the appropriation, the following transfers are made: $1,726,228.00 from Water Revenue $ 115,000.00 from Water Grant $ 230,072.00 from Overlay Surplus $ 60,000.00 from Pension Reserve and the remaining balance of $22,629,268.00 is raised from taxation and other general revenues of the Town; and further that the Salary Rate and Schedule as printed in the Warrant and shown in Appendix B be adopted. Amendment offered by Lenora Jenkins. Moved to amend Cohasset Public Schools budget (Item 300) by reducing same by $37,000 from $10,143,555 to a new $10,106,555 and amend Cohasset Benefits and Insurance (Item 911) by $6,000 in Health Insurance from $5,409,493 to a new total of $5,403,493, and further to amend the total operating budget by $43,000 from $24,760,568 to a new total of $24,717,568. Motion to amend is defeated. Main motion is adopted. Resolution offered by Thomas Callahan, Chairman of the Board of Selectmen. WHEREAS: Mary Jeanette Murray was a member of the Board of Selectmen from 1970 to 1979; and WHEREAS: Mary Jeanette Murray was a Representative of the Third Plymouth District from 1976 – 2000; and WHEREAS: Mary Jeanette Murray was a member of the Sewerage System Study Committee from 1970 to 1974; and WHEREAS: She was appointed by the Governor of Massachusetts to serve on the Cohasset Housing Authority from 1970 to 1977; and WHEREAS: She has served her community with much dedication and wit that has endeared her to all those with whom she has been associated over the many years of her active service; NOW, THEREFORE, THE BOARD OF SELECTMEN AND THE TOWN OF COHASSET AT TOWN MEETING do congratulate Mary Jeanette Murray on her retirement; GIVEN under our hands and the seal of the TOWN OF COHASSET this thirty-first day of March in the year Two Thousand One. Resolution adopted unanimously. Article 4: To see if the Town will vote to raise and appropriate, and/or transfer from available funds, a sum or sums of money, to be expended by the Town Manager, needed by various departmental budgets and appropriations to complete the fiscal year ending June 30, 2001. Department Budget Amount Requested Purpose DPW Expenses $ 12,500.00 Upgrade catch basins DPW Expenses 16,900.00 Grind stumps and yard waste at RTF DPW Expenses 10,000.00 Straits Pond Grant Matching Funds DPW Expenses 25,000.00 Field Maintenance Legal Expense 45,000.00 Unanticipated Legal Issues Planning Board Expenses 5,000.00 Growth & Development Assistance Fire Salaries 12, 500.00 Unexpected overtime due to illness Fire Expenses 17,000.00 Train Firefighters as Paramedics Police Salaries 55,000.00 Unexpected overtime due to injury Police Expenses 10,000.00 Purchase new weapons $208,900.00 Moved that Two Hundred Eight Thousand Nine Hundred ($208,900.00) Dollars, to be expended by the Town Manager, needed by various departmental budgets and appropriations to complete the fiscal year ended June 30, 2001, be transferred as follows: Transfer Funds From: Surplus Revenue $ 70,500.00 School Department Expenses $ 50,000.00 Workers’ Compensation Insurance $ 25,000.00 Pension County Assessment $ 63,400.00 Total $208,900.00 Transfer Funds To: DPW Expenses $ 64,400.00 Legal Expense $ 45,000.00 Planning Board Expenses $ 5,000.00 Fire Salaries $ 12,500.00 Fire Expenses $ 17,000.00 Police Salaries $ 55,000.00 Police Expenses $ 10,000.00 Total $208,900.00 Motion adopted unanimously. Article 5: To see if the Town will vote to accept Section 4 of Chapter 73 of the Acts of 1986 to grant an additional real estate tax exemption of not more than fifty (50%) percent. Such additional exemption may be granted to persons who qualify for property tax exemption under clauses 17, 17C1/2, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 41B, 41C, 42 and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws, a copy of which is on file with the Town Clerk. Moved to accept Section 4 of Chapter 73 of the Acts of 1986 to grant an additional real estate tax exemption of not more than fifty (50%) percent. Such additional exemption may be granted to persons who qualify for property tax exemption under clauses 17, 17C½, 17D, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 41B, 41C, 42, and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws, a copy of which is on file with the Town Clerk. Motion adopted unanimously. Article 6: To see if the Town will vote to rezone certain districts as shown on a map entitled “Zoning Map, Cohasset, Massachusetts”, dated October 1, 1969, and revised in 1976, 1985 and 2000 as follows: MAP: So that the highway business district (“HB”) area east of Chief Justice Cushing Highway and southeasterly of Sohier Street, all as shown as an area red in color on the map and identified as “HB 400”, be expanded two hundred (200) additional feet along the northeastern boundary and that the land located within said two hundred (200) feet expansion area be rezoned as a (“HB”) district. CITIZEN’S PETITION NAME ADDRESS NAME ADDRESS Susan S. Cosman 2 Mill Ln. Susan C. Spofford 14 Heather Dr. Matthew R. Conlan 380 Chief Justice Cushing Hwy. Michael Hurley 136 Border St. Barbara O’Pray 172 Beach St. Victoria Hurley 136 Border St. Donald E. Staszko 380 Chief Justice Cushing Hwy. Raymond Livingstone 278 So Main St Robert P. Spofford 14 Heather Dr. Patricia Livingstone 278 So Main St Moved to rezone certain districts as shown on a map entitled "Zoning Map, Cohasset, Massachusetts", dated October 1, 1969, and revised in 1976, 1985 and 2000, as follows: So that the highway business district ("HB") area east of Chief Justice Cushing Highway and southeasterly of Sohier Street, all as shown as an area red in color on the map and identified as "HB 400", be expanded two hundred (200) additional feet along the northeastern boundary and that the land located within said two hundred (200) feet expansion area be rezoned as an ("HB") district; and, further, amend Section 3.2 of the Zoning Bylaws by revising the first sentence of such Section 3.2 to read as follows: The location and boundaries of the Zoning Districts are established and shown on the following maps, which are parts of this Bylaw: the Zoning Districts other than the Flood Plain and Watershed District and the Water Resource District are shown on a map entitled: “Zoning Map, Cohasset, Massachusetts, dated October 1, 1969 as revised through March, 2001” which is a part of this Bylaw and to add the following new sentences after the first sentence: The Flood Plain and Watershed Protection District is located as shown on a plan entitled "Cohasset Flood Plain and Watershed Protection District”, January, 1975, prepared by Richardson & Kalishes, Land Use Consultants, as revised by Gale Engineering Inc., November 1976 with all explanatory matter thereon and amendments thereto. The location and boundaries of the Water Resources District, which is an overlay district, are shown on a map entitled “Water Resource District, Town of Cohasset, Massachusetts dated March, 1986 as revised through March, 2001.” The remainder of Section 3.2 is to remain unchanged. A 2/3 vote is required. Hand Count taken: Yes 170; No 95 Motion is defeated. Article 7: To see if the Town will vote to request its representatives in the General Court to introduce legislation to change the number of signatures required for the insertion of an article on the Annual Town Meeting Warrant from a minimum of ten (10) registered voters to a minimum of one hundred (100) registered voters, and to authorize the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure its passage, it being the intent to authorize the General Court, with the approval of the Board of Selectmen, to modify the specific text of the requested legislation to secure the public policy objectives set forth herein, such legislation to read substantially as set forth below: AN ACT TO SET THE NUMBER OF SIGNATURES REQUIRED FOR THE INSERTION OF A CITIZENS’ PETITION ARTICLE ON THE ANNUAL TOWN MEETING WARRANT IN THE TOWN OF COHASSET AT ONE HUNDRED SECTION 1. Notwithstanding any law to the contrary, including without limitation any provision of any special act or of the General Laws, the number of signatures required for the insertion of an article on the warrant for the Annual Town Meeting of the Town of Cohasset shall be a minimum of one hundred (100) registered voters. SECTION 2. This Act shall take effect in the Town of Cohasset upon its passage. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Lucia R. Woods 231 Jerusalem Rd. L. Emmett Holt 56 No. Main St. Susan M. Watrous 52 Summer St. Donald J. Evans 72 No. Main St. Suzanne S. Terry 32 Margin St. Nancy M. Gilmore 34 Summer St. Samuel C. Pease 3 Sankey Rd. Mary A. Klier 79 No. Main St. William D. Weeks 130 Border St. Genevieve G. Good 430 So. Main St. Moved that the Town request its representatives in the General Court to introduce legislation to change the number of signatures required for the insertion of an article on the Annual Town Meeting Warrant from a minimum of ten (10) registered voters to a minimum of one hundred (100) registered voters, and to authorize the General Court, with the approval of the Board of Selectmen, to modify the specific text of the requested legislation to secure the public policy objectives set forth herein, such legislation to read substantially as set forth below: AN ACT TO SET THE NUMBER OF SIGNATURES REQUIRED FOR THE INSERTION OF A CITIZENS’ PETITION ARTICLE ON THE ANNUAL TOWN MEETING WARRANT IN THE TOWN OF COHASSET AT ONE HUNDRED SECTION 1. Notwithstanding any law to the contrary, including without limitation any provision of any special act or of the General Laws, the number of signatures required for the insertion of an article on the warrant for the Annual Town Meeting of the Town of Cohasset shall be a minimum of one hundred (100) registered voters. SECTION 2. This Act shall take effect in the Town of Cohasset upon its passage. Motion is defeated. Article 8: 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 expand, improve, make extraordinary changes, pay for the engineering fees, and all other related costs, for the Woodside Cemetery and the Beechwood Cemetery.. This article is intended to take effect upon passage in Fiscal Year 2001. Moved that Seven Hundred Thousand ($700,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, to expand, improve, make extraordinary changes, pay for the engineering fees, and al other related costs, for the Woodside Cemetery and the Beechwood Cemetery; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of Seven Hundred Thousand ($700,000.00) Dollars, under and pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town, therefore. This article is intended to take effect upon passage in Fiscal Year 2001. A 2/3 vote is required Motion adopted unanimously. Article 9: To see what sums of money 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 supplement the funding to make improvements to the “Hagerty Property” on Parker Avenue, for the purposes of recreation, boating and conservation as voted in Article 16 of the October 23, 2000 Special Town Meeting. This article is intended to take effect upon passage in Fiscal Year 2001. Moved that Eighty Thousand ($80,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, to supplement the funding to make improvements to the “Hagerty Property” on Parker Avenue, for the purposes of recreation, boating and conservation as voted in Article 16 of the October 23, 2000 Special Town Meeting; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of Eighty Thousand ($80,000.00) Dollars, under and pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town, therefore. This article is intended to take effect upon passage in Fiscal Year 2001. A 2/3 vote is required. Motion adopted unanimously. Article 10. To see if the Town will vote to establish, pursuant to Chapter 44, Section 53F ½ of the General Laws, an Enterprise Fund, to be managed by the Board of Sewer Commissioners, under the control of the Town Manager, for the collection of revenues from fees for use and operation of the North and Central Cohasset Sewer Districts, and for the funding of operation and maintenance costs and capital improvement costs, based upon the availability of funds, for the North Cohasset and Central Cohasset Sewer Districts, such funds shall be governed in Fiscal year 2002 in accordance with the budget established under Article 3 of this Town Meeting. Moved to establish, pursuant to Chapter 44, Section 53F½ of the General Laws, an Enterprise Fund, to be managed jointly by the Board of Sewer Commissioners and the Town Manager, for the collection of revenues from fees for use and operation of the North and Central Cohasset Sewer Districts, and for the funding of operation and maintenance costs and capital improvement costs, based upon the availability of funds, for the North Cohasset and Central Cohasset Sewer Districts, such funds shall be governed in Fiscal Year 2002 in accordance with the budget established under Article 3 of this Town Meeting. Motion adopted. Article 11: To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the Town Manager, in consultation with the Sewer Commission, for the purpose of Inflow/Infiltration analysis and remediation in the existing piping of the Central Sewerage District. This article is intended to take effect upon passage in Fiscal Year 2001. Moved that Thirty Thousand ($30,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, in consultation with the Sewer Commission, for the purpose of Inflow/Infiltration analysis and remediation in the existing piping of the Central Sewerage District; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of Thirty Thousand ($30,000.00) Dollars, under and pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town, therefore. This article is intended to take effect upon passage in Fiscal Year 2001. A 2/3 vote is required. Motion adopted unanimously. Article 12: 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, in consultation with the Sewer Commission, for the purpose of wastewater treatment facilities capacity validation, environmental studies, and permitting, to provide for the future connection of the Little Harbor Sewerage District, created to assure the preservation of public health and the ecology of the Little Harbor Watershed, which watershed includes the existing homes as identified in a listing on file at the Town Clerk’s Office and the Office of the Sewer Commission, entitled “Existing Homes in Little Harbor Watershed”. Moved that Two Hundred Thousand ($200,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, in consultation with the Sewer Commission, for the purpose of wastewater treatment facilities capacity validation, environmental studies, and permitting, to provide for the future connection of the Little Harbor Sewerage District, created to assure the preservation of public health and the ecology of the Little Harbor Watershed, which watershed includes the existing homes as identified in a listing on file at the Town Clerk’s Office and the Office of the Sewer Commission, entitled “Existing Homes in Little Harbor Watershed”; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of Two Hundred Thousand ($200,000.00) Dollars, under and pursuant to Chapter 44, Section 7 of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town, therefore. This article is intended to take effect upon passage in Fiscal Year 2001. Main motion adopted by the required 2/3’s. Resolution offered by John McNabb, Jr., Chairman of the Board of Water Commissioners. BE IT RESOLVED THAT: WHEREAS, Richard “Chip” Muncey has served the Town of Cohasset as a member of the Board of Water Commissioners for four (4) years, from 1996 until the end of 2000, when he resigned this position; and WHEREAS, Richard “Chip” Muncey has also served the Town of Cohasset as a valued employee of the Water Department for ten years, from 1987 through 1996; and WHEREAS, Richard “Chip” Muncey’s extensive knowledge of the operation of the Cohasset Water Distribution System provided an invaluable contribution to the Board of Water Commissioners; and WHEREAS, the Town of Cohasset wish to acknowledge the important contribution made by Richard “Chip” Muncey towards assuring that the people of the Town of Cohasset have a safe, abundant, and clean public drinking water supply; and NOW, THEREFORE, BE IT RESOLVED that the Citizens of Cohasset in Town Meeting assembled this thirty-first day of March 2001 hereby record their deep appreciation for the outstanding service rendered to the Town of Cohasset by Richard “Chip” Muncey and wish him success in his future endeavors. Resolution adopted unanimously. Article 13: 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 for the Water Commission to acquire land including the area of land (Map 56, Plot 52) known as the “Wolf Pit” located on or near Doane Street and Beechwood Street by gift, purchase or eminent domain for the purpose of protection of the sources of public water supply. This article is intended to take effect upon passage in Fiscal Year 2001. Moved that One Hundred Fifty Thousand ($150,000.00) Dollars be hereby appropriated, with the intention that these funds be available in Fiscal Year 2001 and thereafter, for the Water Commission to acquire land including the area of land (Map 56, Plot 52) known as the “Wolf Pit” located on or near Doane Street and Beechwood Street by gift, purchase or eminent domain for the purpose of protection of the sources of public water supply; that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of One Hundred Fifty Thousand ($150,000.00) Dollars, under and pursuant to Chapter 44, Section 8 of the Massachusetts General Laws, as amended, or any other enabling authority, and to issue bonds or notes of the Town, therefore, such borrowing to be general obligations of the Town with the intent that such bonds shall be repaid from Water Department Revenues. Motion adopted by the required 2/3’s. Article 14: To see if the Town will vote to approve a petition to the General Court, accompanied by the following bill for special law relating to the Town of Cohasset under Clause (1) of Section 8 of Article 2, as amended, of the amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only AN ACT TO ALLOW COHASSET WATER COMMISSIONERS TO SERVE IN OTHER TOWN OFFICERS SECTION 1. Section 14 of Chapter 128 of the Acts of 1886, as amended, by Section 6 of Chapter 489 of the Acts of 1946, is hereby amended by striking the following words “(none of whom during their service shall hold any other regular, elective or appointive town office.” SECTION 2. This Act shall take effect upon its passage. Moved that the Town vote to approve a petition to the General Court, accompanied by the following bill for a special law relating to the Town of Cohasset under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only: AN ACT TO ALLOW COHASSET WATER COMMISSIONERS TO SERVE IN OTHER TOWN OFFICES SECTION 1. Section 14 of Chapter 128 of the Acts of 1886, as amended by Section 6 of Chapter 489 of the Acts of 1946, is hereby amended by striking the following words: “(none of whom during their service shall hold any other regular, elective or appointive town office)”. SECTION 2. This Act shall take effect upon its passage. Amendment offered by Board of Selectmen. Moved that the Town vote to approve a petition to the General Court, accompanied by the following bill for a special law relating to the Town of Cohasset under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only: AN ACT TO ALLOW COHASSET WATER COMMISSIONERS TO SERVE IN OTHER TOWN OFFICES SECTION 1. Section 14 of Chapter 128 of the Acts of 1886, as amended by Section 6 of Chapter 489 of the Acts of 1946, is hereby amended by striking the following words: “(none of whom during their service shall hold any other regular, elective or appointive town office)” and by inserting in place thereof the words: “(no Water Commissioner during their service shall hold any other elective office). SECTION 2. This Act shall take effect upon its passage. Motion to amend is adopted. Main motion as amended is adopted. Article 15: To see if the Town will vote to amend Article XIII, Hazardous Materials, of the General Bylaws, by striking Section 1 and inserting in place thereof the following: SECTION 1: PURPOSE The purpose of this Section is to protect, preserve and maintain the existing and potential groundwater supply, groundwater recharge areas, and surface water within the town from contamination and to protect the public health and welfare. and by amending Section 2 by striking the definition of “Hazardous material” and inserting in place thereof the following: “Hazardous material” means a product, waste or combination of substances which because of its quantity, concentration, or physical, chemical, toxic, radioactive or infectious characteristics may reasonably pose a significant, actual, or potential hazard to human health, safety, welfare, or the environment when improperly treated, stored, transported, used, disposed of, or otherwise managed. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as "toxic" or "hazardous" under Massachusetts General Laws (M.G.L.) Chapters 21C and 21E using the Massachusetts Oil and Hazardous Material List (in 310 CMR 40.0000). and by further amending Section 2 by striking the definition of “discharge” and inserting in place thereof the following: “Discharge” means the accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of toxic or hazardous material upon or into any land or water so that such hazardous material or any constituent thereof may enter the air, land, or waters of the Commonwealth. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system; and by further amending Section 2 by adding the following new definitions: “Commercial or Industrial Facility” means public or private establishment where the principal use is the supply, sale, and/or manufacture of services, products, or information, including but not limited to: manufacturing, processing, or other industrial operations; wholesale establishments; service or retail establishments; printing or publishing establishments; research and development facilities; small quantity or very small quantity generators of hazardous waste as defined by the Department; laboratories; hospitals; schools. This definition shall specifically include, but not be limited to: all vehicle body work or repair facilities, machine shops, dry cleaners, photo-processing labs, funeral homes, and furniture strippers. “Department” means the Massachusetts Department of Environmental Protection “Materials Safety Data Sheet” (MSDS) means information sheets, available by law from the manufacturer, containing data on physical characteristics, flammability, explosivity, reactivity, and the health and safety hazards of specific chemicals, as well as information relative to procedures recommended for spills and leaks of specific chemicals and special protection and precautions to be taken in the handling of specific chemicals. “Reportable Quantity” means the quantity of oil or hazardous material the release of which, or threat of release of which, requires notification to the Department under M.G.L. c. 21E, s. 7, and/or 310 CMR 40.0350 through 310 CMR 40.0352. “Use of Hazardous Material” means the handling, generation, treatment, storage, or management of hazardous materials; and by amending Section 3(a) by inserting the following new sections: (v) Registration Requirements The following information must be submitted as part of the registration process: (a) A map or drawing locating areas where hazardous materials are stored, handled, and/or in use. The map shall be drawn to scale, on 8" x 11" paper (or an as built plan of the facility may be substituted), with a north arrow and names of bordering streets clearly noted. If storage occurs both indoors and outdoors, a map for each of the indoor and outdoor storage areas shall be submitted. Areas in which emergency equipment such as spill kits and medical supplies are kept must also be identified on the map, and submitted to the (implementing authority) as well as the fire department. (b) A written description shall accompany the map and specify: product names (chemical names or types may be substituted here); MSDS sheets for each product; quantities of materials in each location; the type of storage container (e.g., 55 gallon drum, underground storage tank); and anticipated on-site additions, for {the subject registration period}, of hazardous materials meeting the threshold quantity noted above. (c) Information pertaining to the disposal of hazardous wastes: Hazardous Waste Generator ID number, name of the hazardous waste transporter(s), and methods of handling spills of a volume under the reportable quantity (as defined in this document). Facilities without an ID# may contact the Department at 1-800-343-3420 to obtain one. (vi) Updating of Registration (a) If, during or after the registration period, a change in ownership and/or occupancy of a business occurs, an updated registration must be submitted to the (implementing authority) within thirty days. Registration is not transferable between past and future owners of a business and/or occupants of a premise. (b) If any of the following activities occur during or after the registration period, the corresponding information in the business' registration package shall be highlighted and corrected at the time of re-registration: 1. remodeling, operating changes, or expansion of an existing facility which would modify the type or quantity of hazardous materials managed; 2. changes in the location or method of use, storage, manufacture or handling of hazardous materials in any facility; and/or 3. addition of new hazardous materials meeting the threshold quantity listed above which are not anticipated in the registration. Facility Closure In the event that a facility permanently ceases operations during the subject registration period, the owner or operator of the facility shall notify the (implementing authority) of said closure at least 30 days before the closure.; and By amending Section 4, Water Resource District, by striking subsection 4(C) and inserting in place thereof the following Herbicides and Pesticides Notice of planned routine application of herbicides or pesticides by the Town of Cohasset or commercial contractors within the Water Resource District shall be provided to the Board of Health and Water Commission at least seven (7) cays prior to application to allow them to be reviewed for consistency with the pesticide label and state pesticide regulations. by striking Section 5 “Variances” and inserting in place thereof the following: Section 5. EXEMPTIONS & VARIANCES (a) The following materials, activities, and facilities are not within the scope of authority of this Bylaw: (i) Household waste including garbage, trash, and domestic sanitary sewage. (ii) Wastes generated from the growing of agricultural crops and the raising of animals, including manure which is returned to the soil as fertilizer. (iii) The labeling of hazardous materials which are or will be exposed for sale at retail establishments. (iv) Treatment, Storage, and Disposal Facilities as defined by 310 CMR 30.000. (v) Large Quantity Generators of hazardous wastes as defined by 310 CMR 30.000. (vi) Facilities that file Tier II reports as defined by SARA Title III. (b) The Board of Health may, unless otherwise required by law, vary the application of any provision of this Bylaw in any case, when, in its opinion, the applicant has demonstrated that a degree of environmental protection equivalent to that required under this Section will still be achieved, and that all other applicable requirements, including those contained in 527 CMR 9.00 as amended, will be met. The applicant at his own expense must notify all abutters by certified mail at least fourteen (14) days before the hearing at which such variance request will be considered. The notification shall state the variance sought and the reasons therefor. The Board of Health shall also notify the Water Department, Planning Board, Fire Chief, and Building Inspector or any variance requested under this Section, for their response in writing. Any variance granted by the Board of Health shall be in writing; any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. (c) No provision of this Bylaw shall be construed as superseding the authority of the Conservation Commission pursuant to Massachusetts General Laws or the Town Bylaws; and by striking Section 6, Additional Prohibitions, and by inserting in place thereof the following: Section 6. ADDITIONAL PROHIBITIONS. Other than that which is allowed by other local, state, or federal laws, regulations, and/or permits, the discharge of hazardous materials within the limits of the Water Resource District is prohibited. This prohibition includes, but is not limited to, discharges of hazardous materials to: exposed and unsaturated soils; wetlands; surface water resources; ground water; sanitary sewers; storm drains; floor drains and sinks which discharge to the environment; and septic systems. (a) The sale and/or use of septic system additives or cleaners not specifically allowed by the Department (310 CMR 15.027 & 15.028) is prohibited. (b) The installation of new underground storage containers for hazardous materials other than for gasoline or for chemicals used in the treatment of a public drinking water source is prohibited in the Water Resource District. by striking Section 7 and adding three new sections, as follows: Section 7. NOTIFICATION AND EMERGENCY PLANNING (a) Notification: In the case of a spill and/or loss of hazardous material at or above the “reportable quantity”, the owner/operator must immediately report the spill or loss to the fire department. Notification to the board of health shall occur within 24 hours of the spill. Notification to the Departments Emergency Response Section shall be made in accordance with 310 CMR 40.0000. (b) Planning: The following precautions shall be taken by all facilities subject to the registration requirements set forth above: (i) The map and written description specified above must also be posted at one of the following on-site locations: guard shack, fire alarm box, sprinkler riser, or other location acceptable to the head of the fire department. The location of this posting must be specified during registration. (ii) MSDS sheets must be kept on file at all times at an on-site location, and must be readily available during routine inspections and in the event of an emergency. (ii) Facilities shall provide adequate and reasonable employee training programs to ensure the proper use, storage, transportation and handling of hazardous materials. (iv) Facilities shall provide emergency spill containment kits on site and in accessible areas, and all employees shall be trained in their use. Section 8. severability Each provision of this bylaw shall be construed as separate to the end that, if any provision, or sentence, clause or phrase thereof, shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect. Section 9. ENFORCEMENT Any person who fails to comply with provisions of this bylaw shall be punished by a fine of not less than two hundred ($200) dollars, nor more than one thousand ($1,000) dollars. Each day's failure to comply with the provisions of this regulation shall constitute a separate violation. Upon the request of the Board of Health, the Board of Selectmen shall take such legal action as is necessary to enforce this bylaw. This bylaw may be enforced pursuant to the non-criminal disposition statute, Chapter 40, Section 21D, of the Massachusetts General Laws. Moved to amend Article XIII, Hazardous Materials, of the General Bylaws as follows: 1. by striking Section 1 and inserting in place thereof the following: The purpose of this Section is to protect, preserve and maintain the existing and potential groundwater supply, groundwater recharge areas, and surface water within the town from contamination and to protect the public health and welfare.; and 2. by amending Section 2 by striking the definition of “Hazardous material” and inserting in place thereof the following: “Hazardous material” means a product, waste or combination of substances which because of its quantity, concentration, or physical, chemical, toxic, radioactive or infectious characteristics may reasonably pose a significant, actual, or potential hazard to human health, safety, welfare, or the environment when improperly treated, stored, transported, used, disposed of, or otherwise managed. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as "toxic" or "hazardous" under Massachusetts General Laws (MGL) Chapters 21C and 21E using the Massachusetts Oil and Hazardous Material List (in 310 CMR 40.0000). and 3. by further amending Section 2 by striking the definition of “discharge” and inserting in place thereof the following: “Discharge” means the accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of toxic or hazardous material upon or into any land or water so that such hazardous material or any constituent thereof may enter the air, land, or waters of the Commonwealth. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system. 4. by further amending Section 2 by adding the following new definitions: “Commercial or Industrial Facility” means public or private establishment where the principal use is the supply, sale, and/or manufacture of services, products, or information, including but not limited to: manufacturing, processing, or other industrial operations; wholesale establishments; service or retail establishments; printing or publishing establishments; research and development facilities; small quantity or very small quantity generators of hazardous waste as defined by the Department; laboratories; hospitals; schools. This definition shall specifically include, but not be limited to: all vehicle body work or repair facilities, machine shops, dry cleaners, photo-processing labs, funeral homes, and furniture strippers. “Department” means the Massachusetts Department of Environmental Protection “Materials Safety Data Sheet” (MSDS) means information sheets, available by law from the manufacturer, containing data on physical characteristics, flammability, explosivity, reactivity, and the health and safety hazards of specific chemicals, as well as information relative to procedures recommended for spills and leaks of specific chemicals and special protection and precautions to be taken in the handling of specific chemicals. “Reportable Quantity” means the quantity of oil or hazardous material the release of which, or threat of release of which, requires notification to the Department under M.G.L. c. 21E, s. 7, and/or 310 CMR 40.0350 through 310 CMR 40.0352. “Use of Hazardous Material” means the handling, generation, treatment, storage, or management of hazardous materials. 5. by amending Section 3(a) by inserting the following new sections: (v) Registration Requirements The following information must be submitted as part of the registration process: (a) A map or drawing locating areas where hazardous materials are stored, handled, and/or in use. The map shall be drawn to scale, on 8" x 11" paper (or an as built plan of the facility may be substituted), with a north arrow and names of bordering streets clearly noted. If storage occurs both indoors and outdoors, a map for each of the indoor and outdoor storage areas shall be submitted. Areas in which emergency equipment such as spill kits and medical supplies are kept must also be identified on the map, and submitted to the Board of Health as well as the fire department. (b) A written description shall accompany the map and specify: product names (chemical names or types may be substituted here); MSDS sheets for each product; quantities of materials in each location; the type of storage container (e.g., 55 gallon drum, underground storage tank); and anticipated on-site additions, for {the subject registration period}, of hazardous materials meeting the threshold quantity noted above. (c) Information pertaining to the disposal of hazardous wastes: Hazardous Waste Generator ID number, name of the hazardous waste transporter(s), and methods of handling spills of a volume under the reportable quantity (as defined in this document). Facilities without an ID# may contact the Department at 1-800-343-3420 to obtain one. (vi) Updating of Registration (a) If, during or after the registration period, a change in ownership and/or occupancy of a business occurs, an updated registration must be submitted to the Board of Health within thirty days. Registration is not transferable between past and future owners of a business and/or occupants of a premise. (b) If any of the following activities occur during or after the registration period, the corresponding information in the business' registration package shall be highlighted and corrected at the time of re-registration: 1. remodeling, operating changes, or expansion of an existing facility which would modify the type or quantity of hazardous materials managed; 2. changes in the location or method of use, storage, manufacture or handling of hazardous materials in any facility; and/or 3. addition of new hazardous materials meeting the threshold quantity listed above which are not anticipated in the registration. (vii) Facility Closure In the event that a facility permanently ceases operations during the subject registration period, the owner or operator of the facility shall notify the Board of Health of said closure at least 30 days before the closure. and 6. by striking Section 5 “Variances” and inserting in place thereof the following: Section 5. EXEMPTIONS & VARIANCES (a) The following materials, activities, and facilities are not within the scope of authority of this Bylaw: (i) Household waste including garbage, trash, and domestic sanitary sewage. (ii) Wastes generated from the growing of agricultural crops and the raising of animals, including manure which is returned to the soil as fertilizer. (iii) The labeling of hazardous materials which are or will be exposed for sale at retail establishments. (iv) Treatment, Storage, and Disposal Facilities as defined by 310 CMR 30.000. (v) Large Quantity Generators of hazardous wastes as defined by 310 CMR 30.000. (vi) Facilities that file Tier II reports as defined by SARA Title III. (b) The Board of Health may, unless otherwise required by law, vary the application of any provision of this Bylaw in any case, when, in its opinion, the applicant has demonstrated that a degree of environmental protection equivalent to that required under this Section will still be achieved, and that all other applicable requirements, including those contained in 527 CMR 9.00 as amended, will be met. The applicant at his own expense must notify all abutters by certified mail at least fourteen (14) days before the hearing at which such variance request will be considered. The notification shall state the variance sought and the reasons therefor. The Board of Health shall also notify the Water Department, Planning Board, Fire Chief, and Building Inspector or any variance requested under this Section, for their response in writing. Any variance granted by the Board of Health shall be in writing; any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. (c) No provision of this Bylaw shall be construed as superseding the authority of the Conservation Commission pursuant to Massachusetts General Laws or the General Bylaws; and 7. by striking Section 6, Additional Prohibitions, and by inserting in place thereof the following: Section 6. ADDITIONAL PROHIBITIONS. Other than that which is allowed by other local, state, or federal laws, regulations, and/or permits, the discharge of hazardous materials within the limits of the Water Resource District is prohibited. This prohibition includes, but is not limited to, discharges of hazardous materials to: exposed and unsaturated soils; wetlands; surface water resources; ground water; sanitary sewers; storm drains; floor drains and sinks which discharge to the environment; and septic systems. (a) The owner or operator of a facility where a hazardous material has been discharged into the Water Resource District shall immediately report the discharge to the Fire Department, who shall notify the Health Agent and the Water Department. (b) The sale and/or use of septic system additives or cleaners not specifically allowed by the Department (310 CMR 15.027 & 15.028) is prohibited. (c) The installation of new underground storage containers for hazardous materials other than for gasoline or for chemicals used in the treatment of a public drinking water source is prohibited. 8. by striking Section 7 and adding three new sections, as follows: Section 7. NOTIFICATION AND EMERGENCY PLANNING (a) Notification: In the case of a spill and/or loss of hazardous material at or above the “reportable quantity”, the owner/operator must immediately report the spill or loss to the fire department. Notification to the board of health shall occur within 24 hours of the spill. Notification to the Departments Emergency Response Section shall be made in accordance with 310 CMR 40.0000. (b) Planning: The following precautions shall be taken by all facilities subject to the registration requirements set forth above: (i) The map and written description specified above must also be posted at one of the following on-site locations: guard shack, fire alarm box, sprinkler riser, or other location acceptable to the head of the fire department. The location of this posting must be specified during registration. (ii) MSDS sheets must be kept on file at all times at an on-site location, and must be readily available during routine inspections and in the event of an emergency. (ii) Facilities shall provide adequate and reasonable employee training programs to ensure the proper use, storage, transportation and handling of hazardous materials. (iv) Facilities shall provide emergency spill containment kits on site and in accessible areas, and all employees shall be trained in their use. Section 8. severability Each provision of this bylaw shall be construed as separate to the end that, if any provision, or sentence, clause or phrase thereof, shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect. Section 9. ENFORCEMENT (i) The Board of Health or its agents may enter upon privately owned property for the purpose of performing their duties under this bylaw. Any person who fails to comply with provisions of this bylaw shall be punished by a fine of $300.00. Each day's failure to comply with the provisions of this regulation shall constitute a separate violation. Upon the request of the Board of Health, the Board of Selectmen shall take such legal action as is necessary to enforce this bylaw. This bylaw may be enforced pursuant to the non-criminal disposition statute, M.G.L. c. 40, section 21D. Motion adopted unanimously. Article 16: To see if the Town will vote to amend the Zoning Bylaws as follows: By amending Section 2.1, definitions, by inserting the following definitions: “Aquifer” means a geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water. “Impervious Surface” means a material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. “Mining” means the removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock. “Potential Drinking Water Source” means areas which could provide potable water in the future. “Recharge Areas” means areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III. and by striking the definition of “Toxic or Hazardous Materials” and substituting in place thereof the following: Toxic or Hazardous Material: Any substance or mixture of substances with physical, chemical, or infectious characteristics posing a significant, actual or potential, to water supplies or other hazards to human health if such substance or mixture of substances were discharged to air, land, or water. Toxic or hazardous materials include, without limitation; solvents and thinners in quantities greater than normal household use, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws Chapter 21C, Chapter 21E, 310 CMR 30.00, the Zoning Bylaws and the General Bylaws of the Town of Cohasset. and by amending Section 14, Water Resource District, as follows: by striking Sections 1 and 2 and inserting in place thereof the following: 1. PURPOSE OF DISTRICT The purpose of the Water Resource District is to: (a) promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Cohasset; and (b) preserve, protect, and maintain the existing and potential ground and surface water resources providing water supply for the Town of Cohasset; and (c) conserve the natural resources of the Town of Cohasset; and (d) prevent temporary and permanent contamination of the environment. 2. ESTABLISHMENT OF DISTRICT The water resource district is hereby established as an overlay district. The water resource district is delineated on the map entitled “Water Resource District, Town of Cohasset, Massachusetts” dated March, 1986, as revised March 2001, and on file with the Town Clerk. and by amending Section 3 “Use Regulations” as follows: by amending subsection 14.3.1, “Prohibited Uses” by striking subsections “c” through “f” and inserting in place thereof the following: c. auto service stations and automotive repair garages; d. underground storage of hazardous materials or petroleum substances; e. landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to M.G.L.c. 21. §26 -through 53; M.G.L.c. 111, §17; M.G.L. c. 83, §6 and 7, and regulations promulgated thereunder; facilities that generate, treat, store, or dispose of hazardous waste that are subject to M.G.L. c.21 C and 310 CMR 30.00, except for the following (i) very small quantity generators as defined under 310 CMR 30.000; (ii) household hazardous waste centers and events under 310 CMR 30.390; (iii) waste oil retention facilities required by M.G.L. c. 21, § 52A; (iv) water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters; g. petroleum, fuel oils, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes established in the US Office of Management and Budget publication, Standard Industrial Classification Manual, as amended; h. storage of liquid hazardous materials, as defined in G.L.c. 21 E, and liquid petroleum products, unless such storage is: (i) above ground level; and (ii) in an impervious surface; and (iii) either (a) in container(s) within a building; or in above ground container(s); (b) outdoors in covered container(s) or above ground tank(s) in an area that has a containment system designed to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container’s storage capacity, whichever is greater; i. storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; j. storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; storage of animal manure unless covered or contained in accordance with the specifications of the Natural Resource Conservation Service; l. earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within 4 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, septic systems or utility works m. discharge to the ground of non-sanitary wastewater including industrial and commercial process wastewater, except: (i) the replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works; (ii) treatment works approved by the Department designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); publicly owned treatment works; n. stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district; storage of commercial fertilizers, as defined in M.G.L. Chapter 128, §64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. and by striking subsection 2 “Uses Requiring Special Permit” and inserting place thereof the following: 2 Uses and Activities Requiring a Special Permit The following uses and activities are permitted only upon the issuance of a Special Permit by the Zoning Board of Appeals (“the Board”) under such conditions as they may require: a. storage of more than 600 gallons of home heating oils; b. those activities, not prohibited in Section 1 above, that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use or that require an EPA identification number. Such activities shall require a special permit to prevent contamination of groundwater; c. on-site sewage disposal having an estimated sewage flow greater than 10,000 gallons per day regardless of lot size or greater than 600 gallons per day if within 500 feet of Lily Pond, Aaron River, Aaron River Reservoir, Peppermint Brook, or Brass Kettle Brook; d. except for single-family dwellings, on-site sewage disposal systems having an estimated sewage flow exceeding sixty gallons per day per 10,000 square feet of lot area, and single family dwellings with on-site disposal systems having an estimated sewage flow exceeding 600 gallons per day; e. any use that will render impervious more than 40% or 2,500 square feet of any lot, whichever is greater. Any special permit for such use shall include the following conditions. A system for groundwater recharge must be provided which does not degrade groundwater quality. For non-residential uses, recharge shall be by storm water infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all non-residential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner. more than minor removal of existing trees and vegetation on more than seventy percent of a lot area; the application of road salt in areas posted as “no salt area” with in the water resource district; and by inserting a new Section 3, as follows: Permitted Uses. The following uses are permitted within the Water Resource District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained. conservation of soil, water, plants, and wildlife; outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; foot, bicycle and/or horse paths, and bridges; normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; maintenance, repair, and enlargement of any existing structure, subject to Section B (prohibited uses) and Section C (special permitted uses); residential development, subject to Section B (prohibited uses) and Section C (special permitted uses); farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Section B (prohibited uses) and Section C (special permitted uses); construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to these uses are not categorically permitted; and by striking Section 5 and inserting in place thereof the following: 5 PROCEDURES FOR ISSUANCE OF SPECIAL PERMIT a. The Zoning Board of Appeals (“the Board”) may, in its discretion, grant a special permit for a use or activity listed in section 3(2) above if the board determines that the purposes of the Water Resource District as stated in Section 1 “Purpose of District” above and the specific standards described and referred to in subsection (c) below are satisfied. The Board shall not grant a special permit under this section unless the petitioner’s application includes, in the Board’s opinion, sufficiently detailed, definitive and credible information to support positive findings in relation to such purposes and standards. The board shall consider the recommendations, if any, of the Board of Health, Conservation Commission, Planning Board, and Water Commission and shall state in its decision the basis for any departure from such recommendations. b. Upon receipt of the special permit application, the Board shall transmit one copy to the Planning Board, Board of Health, the Conservation Commission, and Water Commission for their written recommendations. Failure to respond in writing within 35 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant. c. The Board may grant the special permit only upon finding that the proposed structure or use meets the purposes of the Water Resource District as stated in Section 1. “Purpose of District”, the provisions of Section 12.4 through 12.4.4 of this Bylaw entitled “Special Permits By Board of Appeals, Conditions, Procedures”, any regulations or guidelines adopted by the Board and the following standards. The proposed use must: 1. in no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Water Resource District; provided that no special permit may be granted unless the Board determines that the groundwater quality resulting form on-site waste disposal, other operations on-site, and natural recharge will not fall below federal or state standards for drinking water when averaged over the boundaries of the site, or, if existing groundwater quality is already below those standards, that on-site disposal or operations will result in no further deterioration and unless the Board determines that the proposed control and response measures adequately and reliably mitigate risk to groundwater quality resulting from accident or system failure; 2. be designed to minimize substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed; d. The Board may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Planning Board. e. The applicant shall file seven (7) copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the Board and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent: 1. a complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use; 2. for those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, if any, Fire Chief, and Board of Health. The plan shall include: (a) provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures; materials and wastes with impervious floor surfaces; (b) evidence of compliance with the Regulations of the Massachusetts Hazardous Waste Management Act 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection. 3. proposed down-gradient location(s) for groundwater monitoring well(s), should the Board deem the activity a potential groundwater threat. f. The Board may impose reasonable conditions which the Board determines are necessary to ensure adequate safeguarding of the Water Resource District; such conditions may include without limitation, the following: 1. Monitoring wells to be located down gradient of potential pollution sources, with periodic sampling to be conducted by the owner at his expense and the reporting of said sampling to be provided to the Board of Health and Water Commission at the owner’s expense. 2. Pollutant source reduction, including limitations on use of parking are deicing materials and periodic cleaning or renovation of pollution control devices, such as catch basin sumps. and by adding a new Section 7. as follows: 7. Enforcement Written notice of any violations of this Bylaw shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, Conservation Commission, and Water Department. The cost of containment, clean up, or other action of compliance shall be borne by the owner and operator of the premises. and furthermore that the boundaries of the Water Resource District shall be set forth in a map entitled “Water Resource District, Town of Cohasset, Massachusetts” dated March, 1986, as revised March 2001, and on file with the Town Clerk and furthermore that a sum of money shall be raised, appropriated, or borrowed for the purposes of amending the zoning map by printing the boundaries of the Water Resource District as revised on the face of said zoning map. Amendment offered by William Baird. Moved to amend the Zoning Bylaws as follows: 1. by amending Section 2.1, definitions, by inserting the following definitions: “Aquifer” means a geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water. “Impervious Surface” means a material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. “Mining” means the removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores. or bedrock. “Potential Drinking Water Source” means areas of Cohasset which could provide potable water in the future. “Recharge Areas” means areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III. 2. and by striking the definition of “Toxic or Hazardous Materials” and substituting in place thereof the following: Hazardous Material: Any substance or mixture of substances with physical, chemical, or infectious characteristics posing a significant, actual or potential threat, to water supplies or other hazards to human health if such substance or mixture of substances were discharged to air, land, or water. Toxic or hazardous materials include, without limitation solvents and thinners in quantities greater than normal household use, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws Chapter 21C, Chapter 21E, or 310 CMR 30.00. 3. and by amending Section 14, Water Resource District, as follows: by striking Sections 14.1 and 14.2 and inserting in place thereof the following: 14.1 PURPOSE OF DISTRICT The purpose of the Water Resource District is to: (a) promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Cohasset; and (b) preserve, protect, and maintain the existing and potential ground and surface water resources providing water supply for the Town of Cohasset; and (c) conserve the natural resources of the Town of Cohasset; and (d) prevent temporary and permanent contamination of the environment. 14.2 ESTABLISHMENT OF DISTRICT The water resource district is hereby established as an overlay district. The water resource district is delineated on the map entitled “Water Resource District, Town of Cohasset, Massachusetts” dated March, 1986, as revised March 2001, and on file with the Town Clerk. and 4. by amending Section 14.3 “Use Regulations” as follows: by amending subsection 14.3.1, “Prohibited Uses” by striking subsections “c” through “f” and inserting in place thereof the following: c. auto service stations and automotive repair garages; d. underground storage of hazardous materials or petroleum substances; e. landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to M.G.L.c. 21. §26 -through 53; M.G.L.c. 111, §17; M.G.L. c. 83, §6 and 7, and regulations promulgated thereunder; f. facilities that generate, treat, store, or dispose of hazardous waste that are subject to M.G.L.c. 21 C and 310 CMR 30.00, except for the following; (i) very small quantity generators as defined under 310 CMR 30.000; (ii) household hazardous waste centers and events under 310 CMR 30.390; (iii) waste oil retention facilities required by M.G.L. c. 21, § 52A; (iv) water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters; g. petroleum, fuel oils, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes established in the US Office of Management and Budget publication, Standard Industrial Classification Manual, as amended; h. storage of liquid hazardous materials, as defined in G.L.c. 21 E, and liquid petroleum products, unless such storage is: (i) above ground level; and (ii) in an impervious surface; and (iii) either (a) in container(s) within a building; or in above ground container(s); (b) outdoors in covered container(s) or above ground tank(s) in an area that has a containment system designed to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container’s storage capacity, whichever is greater; i. storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; j. storage of deicing chemicals in amounts greater than 200 pounds unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; k. stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district; l. storage of animal manure unless covered or contained in accordance with the specifications of the Natural Resource Conservation Service to prevent polluted runoff; m. earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within 4 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, septic systems or utility works; n. discharge to the ground of non-sanitary wastewater including industrial and commercial process wastewater, except: (i) the replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works; (ii) treatment works approved by the Department designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); (iii) publicly owned treatment works; o. storage of commercial fertilizers, as defined in M.G.L. Chapter 128, §64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; p. the application of road salt in areas posted as “no salt area” within the water resource district. and 5. by striking subsection 14.3.2 “Uses Requiring Special Permit” and inserting in place thereof the following: 14.3.2 Uses and Activities Requiring a Special Permit The following uses and activities are permitted only upon the issuance of a Special Permit by the Zoning Board of Appeals (“the Board”) under such conditions as the Board may require: a. storage of more than 600 gallons of home heating oils; b. those activities, not prohibited in Section 14.3.1 above, that involve the handling of Hazardous Materials in quantities greater than those associated with normal household use or that require an EPA identification number. Such activities shall require a special permit to prevent contamination of groundwater; c. on-site sewage disposal having an estimated sewage flow greater than 10,000 gallons per day regardless of lot size or greater than 600 gallons per day if within 500 feet of Lily Pond, Aaron River, Aaron River Reservoir, Peppermint Brook, or Brass Kettle Brook; d. except for single-family dwellings, on-site sewage disposal systems having an estimated sewage flow exceeding sixty gallons per day per 10,000 square feet of lot area, and single family dwellings with on-site disposal systems having an estimated sewage flow exceeding 600 gallons per day; e. any use that will render impervious more than 40% or 2,500 square feet of any lot, whichever is greater. Any special permit for such use shall include the following conditions. A system for groundwater recharge must be provided which does not degrade groundwater quality. For non-residential uses, recharge shall be by storm water infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all non-residential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner. f. more than minor removal of existing trees and vegetation on more than seventy percent of a lot area; and 6. by striking Section 14.5 and inserting in place thereof the following: 14.5 PROCEDURES FOR ISSUANCE OF SPECIAL PERMIT a. The Zoning Board of Appeals (“the Board”) may, in its discretion, grant a special permit for a use or activity listed in section 14.3(2) above if the board determines that the purposes of the Water Resource District as stated in Section 14.1 “Purpose of District” above and the specific standards described and referred to in subsection (c) below are satisfied. The Board shall not grant a special permit under this section unless the petitioner’s application includes, in the Board’s opinion, sufficiently detailed, definitive and credible information to support positive findings in relation to such purposes and standards. The board shall consider the recommendations, if any, of the Board of Health, Conservation Commission, Planning Board, and Water Commission and shall state in its decision the basis for any departure from such recommendations. b. Upon receipt of the special permit application, the Board shall transmit one copy to the Planning Board, Board of Health, the Conservation Commission, and Water Commission for their written recommendations. Failure to respond in writing within 35 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant. c. The Board may grant the special permit only upon finding that the proposed structure or use meets the purposes of the Water Resource District as stated in Section 14.1. “Purpose of District”, the provisions of Section 12.4 through 12.4.4 of this Bylaw entitled “Special Permits By Board of Appeals, Conditions, Procedures”, any regulations or guidelines adopted by the Board and the following standards. The proposed use must: 1. in no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Water Resource District; provided that no special permit may be granted unless the Board determines that the groundwater quality resulting form on-site waste disposal, other operations on-site, and natural recharge will not fall below federal or state standards for drinking water when averaged over the boundaries of the site, or, if existing groundwater quality is already below those standards, that on-site disposal or operations will result in no further deterioration and unless the Board determines that the proposed control and response measures adequately and reliably mitigate risk to groundwater quality resulting from accident or system failure; 2. be designed to minimize substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed; d. The Board may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Planning Board. e. The applicant shall file seven (7) copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the Board and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent: 1. a complete list of chemicals, pesticides, herbicides, fertilizers,) fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use; 2. for those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, if any, Fire Chief, and Board of Health. The plan shall include: (a) provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures; materials and wastes with impervious floor surfaces; (b) evidence of compliance with the Regulations of the Massachusetts Hazardous Waste Management Act 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection. 3. proposed down-gradient location(s) for groundwater monitoring well(s), should the Board deem the activity a potential groundwater threat. f. The Board may impose reasonable conditions which the Board determines are necessary to ensure adequate safeguarding of the Water Resource District; such conditions may include without limitation, the following: 1. Monitoring wells to be located down gradient of potential pollution sources, with periodic sampling to be conducted by the owner at his expense and the reporting of said sampling to be provided to the Board of Health and Water Commission at the owner’s expense. 2. Pollutant source reduction, including limitations on use of parking are deicing materials and periodic cleaning or renovation of pollution control devices, such as catch basin sumps. 7. and by adding a new Section 14.7, as follows: 14.7 Enforcement Written notice of any violations of this Bylaw shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, Conservation Commission, and Water Department. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises; and furthermore that the boundaries of the Water Resource District shall be set forth in a map entitled “Water Resource District, Town of Cohasset, Massachusetts” dated March, 1986, as revised as set forth in a map entitled “Water Resource District Map, Town of Cohasset, Massachusetts, March 2001”, dated March, 2001, and on file with the Town Clerk and furthermore that the zoning map be amended by printing the boundaries of the Water Resource District as revised on the face of said zoning map. Amendment adopted unanimously. Roy Fitzsimmons moved that this article be indefinitely postponed. Motion to indefinitely postpone is defeated. A 2/3 vote is required. Main motion as amended is adopted by the necessary 2/3’s. Article 17: To see if the Town will vote to request its representatives in the General Court to introduce legislation to authorize the Town of Cohasset to establish the separate account authorized by Section Seven of Chapter 44B, Community Preservation, with funds distributed by the Register of Deeds, notwithstanding the provisions of Section 10 of Chapter 64D, and to authorize the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure its passage, it being the intent to authorize the General Court with the approval of the Board of Selectmen to modify the specific text of the requested legislation to secure the public policy objectives set forth herein, such legislation to read substantially as set forth below: AN ACT TO AUTHORIZE THE TOWN OF COHASSET TO ESTABLISH THE SEPARATE ACCOUNT AUTHORIZED BY SECTION 7 OF CHAPTER 44B, COMMUNITY PRESERVATION, WITH FUNDS DISTRIBUTED BY THE REGISTER OF DEEDS, NOTWITHSTANDING THE PROVISIONS OF SECTION 10 OF CHAPTER 64D SECTION 1. Notwithstanding the provisions of Section 10 of Chapter 64D, the register of deeds shall, not later than the tenth day of each subsequent month, transmit to the treasurer of the Town of Cohasset the taxes collected during any month under said chapter with respect to properties located in said town. The expenditure of such revenues shall be subject to the provisions of Chapter 44B. SECTION 2. This Act shall take effect upon its passage. Moved: That it is the intention of the Board of Selectmen to withdraw this article from consideration, and, therefore, it is moved that this Article be indefinitely postponed. Motion to indefinitely postpone is adopted. Article 18: To see if the Town will vote to amend Article VII, “Safety and Public Order”, Section 26, paragraph (d), of the General Bylaws, by deleting paragraph (d) in its entirety and replacing it with a new paragraph (d) as follows: “All Parking Facility Permits, Sandy Beach Association Parking Permits and Government Island Parking Permits shall expire on the date established by the Board of Selectmen. Moved to amend Article VII, “Safety and Public Order”, Section 26, paragraph (d), of the General Bylaws, by deleting paragraph (d) in its entirety and replacing it with a new paragraph (d) as follows: “All Parking Facility Permits, Sandy Beach Association Parking Permits and Government Island Parking Permits shall expire on the date established by the Board of Selectmen.” Motion adopted unanimously. Article 19: To see if the Town will vote to amend Article VII, “Safety and Public Order”, of the General Bylaws, by adding the following new section entitled “Unlawful Use of Public Litter Receptacles”: Section 41. Unlawful Use of Public Litter Receptacles. (a) It shall be unlawful to use any public trash or recycling receptacles outside of the Recycling/Transfer Facility for the disposal of household refuse. (b) It shall be unlawful for owners or employees of business enterprises or other privately owned establishments to use any public trash or recycling receptacles for the disposal of business refuse or the refuse from such establishments. (c) It shall be unlawful to use any commercial or municipal disposal dumpster or container belonging to another without the consent of the owner or person with legal authority. (d) This Section shall be enforced by the Police Officers. Anyone violating this Section shall be subject to fines as follows: First offense $ 25 Second offense $ 50 Third or subsequent offense $100. Moved to amend Article VII, “Safety and Public Order”, of the General Bylaws, by adding the following new section entitled “Unlawful Use of Public Litter Receptacles”: Section 38. Unlawful Use of Public Litter Receptacles. (a) It shall be unlawful to use any public trash or recycling receptacles outside of the Recycling/Transfer Facility for the disposal of household refuse. (b) It shall be unlawful for owners or employees of business enterprises or other privately owned establishments to use any public trash or recycling receptacles for the disposal of business refuse or the refuse from such establishments. (c) It shall be unlawful to use any commercial or municipal disposal dumpster or container belonging to another without the consent of the owner or person with legal authority. (d) This Section shall be enforced by the Police Officers. Anyone violating this Section shall be subject to fines as follows: First offense $ 25 Second offense $ 50 Third or subsequent offense $100. Motion adopted unanimously. Article 20: To see if the Town will vote to rezone certain districts as shown on the map entitled “Zoning Map, Cohasset, Massachusetts” dated October 1, 1969 and revised in 1976, 1985 and 2000 as follows: MAP: So that the light industry district (“LI”) area shown on Assessors Map 37, Plot 11, bounded northerly on the Cohasset River, southerly on Border Street 88.93 feet, and easterly on Parker Avenue approximately 225 feet be rezoned as Open Space (“OS”); and so that the light industry district (“LI”) area shown on Assessors Map 37 entitled “Town of Cohasset”: and comprising approximately 2,400 square feet, bounded northerly on the Cohasset River, southerly by Parcel 22, Assessors Map 37, approximately 30 feet, and westerly on Parker Avenue approximately 70 feet, be rezoned as Open Space (“OS”); and that the Zoning Map of the Town of Cohasset, Massachusetts dated October 1, 1969, and revised in 1976, 1985, and 2000. Moved to rezone certain districts as shown on the map entitled “Zoning Map, Cohasset, Massachusetts”, dated October 1, 1969, and revised in 1976, 1985, and 2000, as follows: So that the light industry district (“LI”) area shown on Assessors Map 37, Plot 11, bounded northerly on the Cohasset River, southerly on Border Street 88.93 feet, and easterly on Parker Avenue approximately 225 feet be rezoned as Open Space (“OS”); and so that the light industry district (“LI”) area shown on Assessors Map 37 entitled “Town of Cohasset” and comprising approximately 2,400 square feet, bounded northerly on the Cohasset River, southerly by Parcel 22, Assessors Map 37, approximately 30 feet, and westerly on Parker Avenue approximately 70 feet, be rezoned as Open Space (“OS”); and that the Zoning Map of the Town of Cohasset, Massachusetts dated October 1, 1969, and revised in 1976, 1985, and 2000, be amended accordingly; and, further, amend Section 3.2 of the Zoning Bylaws by revising the first sentence of such Section 3.2 to read as follows: The location and boundaries of the Zoning Districts are established and shown on the following maps, which are parts of this Bylaw: the Zoning Districts other than the Flood Plain and Watershed District and the Water Resource District are shown on a map entitled: “Zoning Map, Cohasset, Massachusetts, dated October 1, 1969 as revised through March, 2001” which is a part of this Bylaw and to add the following new sentences after the first sentence: The Flood Plain and Watershed Protection District is located as shown on a plan entitled "Cohasset Flood Plain and Watershed Protection District”, January, 1975, prepared by Richardson & Kalishes, Land Use Consultants, as revised by Gale Engineering Inc., November 1976 with all explanatory matter thereon and amendments thereto. The location and boundaries of the Water Resources District, which is an overlay district, are shown on a map entitled “Water Resource District, Town of Cohasset, Massachusetts dated March, 1986 as revised through March, 2001.” The remainder of Section 3.2 is to remain unchanged. A 2/3 vote is required. Motion adopted unanimously. Article 21: To see if the Town will amend the Town of Cohasset Zoning Bylaws as follows: Under Section 2.1, insert a new paragraph between “Abandonment ” and “Alteration” to read as follows: Accessory Dwelling Unit: A separate dwelling unit within a detached one family dwelling fitted to be occupied independent of the occupants of the Principal Dwelling Unit therein. Under section 4.2 Permitted Uses, insert a new residential use after “Dwellings for more than one family including those in combination with stores or other permitted uses subject to Table 5.3.1 and 7.1” to read as follows: Accessory Dwelling Unit within a detached one family dwelling subject to Section 15. R-A SP; R-B SP; R-C SP; DB SP; WB No; HB SP; LI No; OS No And, insert a new section entitled “Section 15- Accessory Dwelling Unit Special Permit” as follows: Section 15 Accessory Dwelling Unit Special Permit 15.1 Purpose 1. To provide a useful type of housing to meet the needs of residents. 2. To protect the stability, property values and character of one family residential neighborhoods. 3. To facilitate the Town’s monitoring of the creation and maintenance Accessory Dwelling Units for code compliance. 15.2 Special Permit Conditions 1. The applicant for an Accessory Dwelling Special Permit shall be an owner or owners of a dwelling (House) with at least a 50% ownership interest and shall have his/her/their primary residence either in the Accessory Dwelling Unit or in the Principal Dwelling Unit within the House. 2. The net floor area of the Accessory Dwelling Unit shall not exceed the lesser of 25% of the net floor area of the House or 900 square feet. 3. The House must have at least 1200 square feet of net floor area. 4. No Accessory Dwelling Special Permit granted hereunder shall take effect sooner than three years after final occupancy permits are issued for the House. 5. There is at least one off street parking space for each bedroom in the Accessory Dwelling Unit. 6. The exterior appearance shall not be altered by the creation of the Accessory Dwelling Unit except for stairways and exits as required by law, which shall be in the side or rear of the building and shall be consistent with the architecture of the House. The Accessory Dwelling Unit and all other modifications to the House shall be designed so that the appearance of the House remains that of a one-family dwelling. 7. There shall be screening by fencing or landscaping of outside storage areas. 8. There is only one House on the lot where the accessory dwelling is to be located. 9. The lot size must comply with requirements for a one family dwelling as set forth under Section 5.3. This provision shall not apply to lawful, pre-existing, non-conforming structures. 10. To qualify for an Accessory Dwelling Unit Special Permit for a pre-existing, non-conforming structure, per Section 8.2 and 8.3, the Accessory Dwelling Unit shall be constructed within the living and/or sleeping area of the pre-existing structure, shall not be permitted to increase the total square footage of the pre-existing structure and shall not alter the footprint of the preexisting structure. 11. Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such an Accessory Dwelling Unit and the House and for an adequate water supply to such Accessory Dwelling Unit and the House in accordance with the requirements of the Board of Health. 12. The accessory dwelling and all other modifications to the building shall be designed so that appearance of the building remains that of a single family dwelling, and the construction and occupancy of the accessory dwelling will not be detrimental to the neighborhood in which the lot is located or injurious to persons or property than the existing one-family use. 13. An Accessory Dwelling Unit shall not be occupied as such unless the owner or owners of the House have secured an Accessory Dwelling Unit Special Permit pursuant to this section. The special permit will be limited to the original applicant(s). Continued use of the Accessory Dwelling Unit after transfer of ownership shall be permitted only after the Building Inspector verifies in writing that the terms and conditions of all Sections of the Bylaw and the Accessory Dwelling Special Permit have been met and that the new owner or owners have agreed in writing to abide by the terms and conditions of the Accessory Dwelling Special Permit. 14. All special permits under this section shall expire within three years from the date from the date of grant. At the end of three years, renewal shall be automatically granted upon receipt of certification by the Building Inspector that the property remains the principal residence of the owner and all the conditions met at the time of the original application are unchanged. 15. The owner shall notify the Building Inspector in writing, within 6 months of a lapse in use of the Accessory Dwelling unit as such. 16. No special permit shall be granted when more than 10% of the single-family dwellings, based on the number of single family dwellings as per Town of Cohasset Assessor records, have an accessory dwelling pursuant to this section. 17. Commencing with 2003, no more than ten (10) new Accessory Dwelling Special Permits shall be issued by the Zoning Board of Appeals in a single calendar year. 15.3 Application Procedure 1. An application for an Accessory Dwelling Special Permit shall include a site plan and floor plan. When the creation of an Accessory Dwelling Unit involves exterior alteration of the House, per Section 15.2.6, elevation plans shall show the sides of the building affected by the creation of an Accessory Dwelling Unit, before and after construction of an Accessory Dwelling Unit. These plans shall include, at a minimum, footprint of existing dwelling, location and number of off-street parking spaces, square footage of existing principal dwelling, square footage of proposed Accessory Dwelling Unit and location/means of ingress and egress from the Accessory Dwelling Unit. All plans must be prepared and stamped by a registered professional Architect or Engineer. An application for an Accessory Dwelling Special Permit must include a notarized letter stating that the applicant will occupy one of the dwelling units in the House. All other procedures regarding the review and approval of an Accessory Dwelling Special Permit shall be the same as under Section 12.4 herein. Moved to amend the Town of Cohasset Zoning Bylaws as follows: Under Section 2.1, insert a new paragraph between “Abandonment ” and “Alteration” to read as follows: Accessory Dwelling Unit: A separate dwelling unit within a detached one family dwelling fitted to be occupied independent of the occupants of the Principal Dwelling Unit therein. Under section 4.2 Permitted Uses, insert a new residential use after “Dwellings for more than one family including those in combination with stores or other permitted uses subject to Table 5.3.1 and 7.1” to read as follows: Accessory Dwelling Unit within a detached one family dwelling subject to Section 15. R-A SP; R-B SP; R-C SP; DB SP; WB No; HB SP; LI No; OS No And, insert a new section entitled “Section 15- Accessory Dwelling Unit Special Permit” as follows: Section 15 Accessory Dwelling Unit Special Permit 15.1 Purpose 1. To provide a useful type of housing to meet the needs of residents. 2. To protect the stability, property values and character of one family residential neighborhoods. 3. To facilitate the Town’s monitoring of the creation and maintenance Accessory Dwelling Units for code compliance. 15.2 Special Permit Conditions 1. The applicant for an Accessory Dwelling Special Permit shall be an owner or owners of a dwelling (House) with at least a 50% ownership interest and shall have his/her/their primary residence either in the Accessory Dwelling Unit or in the Principal Dwelling Unit within the House. 2. The net floor area of the Accessory Dwelling Unit shall not exceed the lesser of 25% of the net floor area of the House or 900 square feet. 3. The House must have at least 1200 square feet of net floor area. 4. No Accessory Dwelling Special Permit granted hereunder shall take effect sooner than three years after final occupancy permits are issued for the House. 5. There is at least one off street parking space for each bedroom in the Accessory Dwelling Unit. 6. The exterior appearance shall not be altered by the creation of the Accessory Dwelling Unit except for stairways and exits as required by law, which shall be in the side or rear of the building and shall be consistent with the architecture of the House. The Accessory Dwelling Unit and all other modifications to the House shall be designed so that the appearance of the House remains that of a one-family dwelling. 7. There shall be screening by fencing or landscaping of outside storage areas. 8. There is only one House on the lot where the accessory dwelling is to be located. 9. The lot size must comply with requirements for a one family dwelling as set forth under Section 5.3. This provision shall not apply to lawful, pre-existing, non-conforming structures. 10. To qualify for an Accessory Dwelling Unit Special Permit for a pre-existing, non-conforming structure, per Section 8.2 and 8.3, the Accessory Dwelling Unit shall be constructed within the living and/or sleeping area of the pre-existing structure, shall not be permitted to increase the total square footage of the pre-existing structure and shall not alter the footprint of the preexisting structure. 11. Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such an Accessory Dwelling Unit and the House and for an adequate water supply to such Accessory Dwelling Unit and the House in accordance with the requirements of the Board of Health. 12. The accessory dwelling and all other modifications to the building shall be designed so that appearance of the building remains that of a single family dwelling, and the construction and occupancy of the accessory dwelling will not be detrimental to the neighborhood in which the lot is located or injurious to persons or property than the existing one-family use. 13. An Accessory Dwelling Unit shall not be occupied as such unless the owner or owners of the House have secured an Accessory Dwelling Unit Special Permit pursuant to this section. The special permit will be limited to the original applicant(s). Continued use of the Accessory Dwelling Unit after transfer of ownership shall be permitted only after the Building Inspector verifies in writing that the terms and conditions of all Sections of the Bylaw and the Accessory Dwelling Special Permit have been met and that the new owner or owners have agreed in writing to abide by the terms and conditions of the Accessory Dwelling Special Permit. 14. All special permits under this section shall expire within three years from the date from the date of grant. At the end of three years, renewal shall be automatically granted upon receipt of certification by the Building Inspector that the property remains the principal residence of the owner and all the conditions met at the time of the original application are unchanged. 15. The owner shall notify the Building Inspector in writing, within 6 months of a lapse in use of the Accessory Dwelling unit as such. 16. No special permit shall be granted when more than 10% of the single-family dwellings, based on the number of single family dwellings as per Town of Cohasset Assessor records, have an accessory dwelling pursuant to this section. 17. Commencing with 2003, no more than ten (10) new Accessory Dwelling Special Permits shall be issued by the Zoning Board of Appeals in a single calendar year. 15.3 Application Procedure 1. An application for an Accessory Dwelling Special Permit shall include a site plan and floor plan. When the creation of an Accessory Dwelling Unit involves exterior alteration of the House, per Section 15.2.6, elevation plans shall show the sides of the building affected by the creation of an Accessory Dwelling Unit, before and after construction of an Accessory Dwelling Unit. These plans shall include, at a minimum, footprint of existing dwelling, location and number of off-street parking spaces, square footage of existing principal dwelling, square footage of proposed Accessory Dwelling Unit and location/means of ingress and egress from the Accessory Dwelling Unit. All plans must be prepared and stamped by a registered professional Architect or Engineer. 2. An application for an Accessory Dwelling Special Permit must include a notarized letter stating that the applicant will occupy one of the dwelling units in the House. 3. All other procedures regarding the review and approval of an Accessory Dwelling Special Permit shall be the same as under Section 12.4 herein. Amendment offered by James Lagrotteria. Moved to amend paragraph 15.2.17 by adding the following sentence: “Of such ten (10) Accessory Dwelling Unit Special Permits which may be granted in a single calendar year, five (5) shall be reserved for applicants who are 55 years of age or older. The Zoning Board of Appeals may require the applicant to provide proof satisfactory to the Board of the applicant’s date of birth to qualify for such five (5) reserved Special Permits. Motion to amend is adopted. Moved that this article be indefinitely postponed. Hand count - Yes 62; No 36. Motion to indefinitely postpone is adopted. Article 22: To see if the Town will amend the Zoning Bylaws of the Town of Cohasset as follows: Amend Section 5.2.6 by deleting the words “not in excess of five feet in height..” and replacing same with the words “not in excess of six feet in height..”; so that the last sentence of Section 5.2.6 shall read as follows: “Except for a perimeter wall, fence, or similar enclosure, not in excess of six feet in height, a flagpole, utility pole, or mailbox, no point of any structure shall be closer than the required set back distance to any point of the front lot line, or centerline of the street, as the case may be.”; Moved to amend the Zoning Bylaws of the Town of Cohasset as follows: Amend Section 5.2.6 by deleting the words “not in excess of five feet in height...” and replacing same with the words “not in excess of six feet in height...”; so that the last sentence of Section 5.2.6 shall read as follows: “Except for a perimeter wall, fence, or similar enclosure, not in excess of six feet in height, a flag pole, utility pole, or mail box, no point of any structure shall be closer than the required set back distance to any point of the front lot line, or centerline of the street, as the case may be.” A 2/3’s vote is required. Motion adopted unanimously. Article 23: To see if the Town will vote to amend the Zoning Bylaws of the Town of Cohasset as follows Amend section 5.2.8 by deleting the three words (“And no structure”) after “or similar commercial device” on line 2; so that the revised provision in its entirety shall read as follows: “Except for a perimeter wall, fence, or similar enclosure not in excess of six (6) feet in height, or flag pole, utility pole, or mailbox, no open storage or display of goods, products, materials, or equipment, no gasoline pump, vending machine, or similar commercial device shall be located nearer to any side or rear lot line than either fifteen (15) feet or the permitted set back distance for a building on the lot, whichever distance is lesser. Moved that this article be indefinitely postponed. Motion to indefinitely postpone is adopted unanimously. Article 24: To see if the Town will vote to amend the Zoning Bylaws of the Town of Cohasset as follows: Amend Section 9.78.a by changing the word “land” to “proposed use”; and by changing the words “subject to flooding or wave damage” to subject to damage by flooding or waves”; so the revised provision shall read as follows: “The proposed structure or use is not subject to damage by flooding or waves, nor is the land unsuitable for the proposed structure or use because of drainage conditions”. Moved to amend the Zoning Bylaws of the Town of Cohasset as follows: Amend Section 9.7.8.a by changing the word “land” to “proposed use”; and by changing the words “subject to flooding or wave damage” to “subject to damage by flooding or waves”; so the revised provision shall read as follows: “The proposed structure or use is not subject to damage by flooding or waves, nor is the land unsuitable for the proposed structure or use because of drainage conditions.” A 2/3’s vote is required. Motion adopted unanimously. Article 25: To see if the Town will vote to amend the Zoning Bylaws of the Town of Cohasset as follows: Amend Section 7.2 by adding a new Section 7.2.12 as follows: “Except for common driveways which (a) meet the required standards as set forth in the Planning Board’s Rules and Regulations, or (b) satisfy all conditions imposed by the Planning Board in cases where such common driveways do not meet the required standards, no driveway Legal Service shall be located nearer to any side or rear lot line than either five feet or the permitted setback distance for a main or accessory building whichever distance is lesser. Moved to amend the Zoning Bylaws of the Town of Cohasset as follows: Amend Section 7.2 by adding a new Section 7.2.12 as follows: “Except for common driveways which (a) meet the required standards as set forth in the Planning Board’s Rules and Regulations, or (b) satisfy all conditions imposed by the Planning Board in cases where such common driveways do not meet the required standards, no Driveway Legal Service shall be located nearer to any side or rear lot line than either five feet or the permitted setback distance for a main or accessory building whichever distance is lesser.” A 2/3’s vote is required. Motion is adopted by the required 2/3’s. Article 26: 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 install a catch basin on Highland Avenue, near Brown Court, to contain the water flow on the street and all associated cost. This article is intended to take effect upon passage in Fiscal Year 2001. NAME ADDRESS NAME ADDRESS Gail Parks 19 Highland Ave. Jacqueline B. Clark 23 Highland Ave. Melissa T. Tierney 11 Highland Ave. Donald S. Clark 23 Highland Ave. William H. Tierney 11 Highland Ave. Douglas S. Clark 25 Highland Ave. Todd N. Ramsay 23A Highland Ave. Roger Q. Hill 19A Highland Ave. Melissa Clark 25 Highland Ave. Joanne C. Hill 19A Highland Ave. Moved that Four thousand Five Hundred ($4,500.00) Dollars be transferred from Surplus Revenue, to be expended by the Town Manager, to install a catch basin on Highland Avenue, near Brown Court, to contain the water flow on the street and all associated cost. This article is intended to take effect upon passage in Fiscal Year 2001. Motion adopted unanimously. Article 27: 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, at the discretion of the Board of Selectmen to the South Shore Aviation Fund, to (a) Assess the noise and jet fuel pollution impact of Logan Airport’s Runway expansion proposal on the health and quality of life of Cohasset and other South Shore residents, to include the construction of a DNL 55dB noise contour “footprint” for the Town, together with supporting noise metrics, including single event, and “time above” sound exposure levels; (b) Seek a delay on the construction of Runway 14/32 until such an assessment is complete; (c) In consultation with the FAA, change existing approaches to Runway 33L, to “over water” approaches using new satellite navigation technology; and (d) Enforce a 1980 FAA agreement on Runway 22 departures over water which sends planes farther to the north and east of the Hull peninsula before turning back over south shore towns; funds shall be used for legal advice, for aviation noise and flight path consultants, and to acquire noise-monitoring devices. This article is intended to take effect upon passage in Fiscal Year 2001. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Cornelia B. Wakeman 255 Atlantic Ave. Donald F. Steele 31 River Rd. S. Wiley Wakeman 255 Atlantic Ave. Joyce M. Steele 31 River Rd Linda R. Wakeman 255 Atlantic Ave. Eric Oddleifson 25 River Rd. Samuel W. Wakeman 255 Atlantic Ave. Janna M. Oddleifson 25 River Rd. John A. Correa 255 Atlantic Ave. Mary J. McCarthy 390 South Main St. Moved that Thirty Thousand ($30,000.00) Dollars be transferred from Surplus Revenue, to be expended by the Town Manager, with the approval of the Board of Selectmen, to (a) engage the services of appropriate professionals to assess the noise and jet fuel pollution impact of Logan Airport’s Runway expansion proposal on the health and quality of life of Cohasset and other South Shore residents, to include the construction of a DNL 55dB noise contour “footprint” for the Town, together with supporting noise metrics, including single event, and “time above” sound exposure levels; (b) Seek a delay on the construction of Runway 14/32 until such an assessment is complete; (c) In consultation with the FAA, change existing approaches to Runway 33L, to “over water” approaches using new satellite navigation technology; and (d) Enforce a 1980 FAA agreement on Runway 22 departures over water which sends planes farther to the north and east of the Hull peninsula before turning back over south shore towns; funds shall be used for legal advice, for aviation noise and flight path consultants, and to acquire noise-monitoring devices. This article is intended to take effect upon passage in Fiscal Year 2001. Motion adopted. Article 28: To see if the Town will vote to amend Article VI, Safety and Public Order, of the General Bylaws, by inserting the following new section: Section 39. Ban on Sale of Mercury Thermometers. (a) Definitions. The following definitions shall apply in the interpretation and implementation of this section. “Health care facility” means any hospital, nursing home, skilled nursing facility, extended care facility, long-term care facility, clinic or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization. “Mercury thermometer” means a product, device, instrument or equipment into which elemental mercury or mercury compounds are intentionally added during its formulation or manufacture and that is used to measure body temperature. “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that produces a mercury thermometer. If the mercury thermometer is produced in a foreign country, the manufacturer is the importer or domestic distributor. (b) Retail Sale Prohibition. It shall be unlawful for any person in the Town of Cohasset to sell or supply, through wholesale, retail, or online retail distribution channels, a mercury thermometer to consumers and patients, except by prescription. No mercury thermometer may be sold through prescription unless the manufacturer thereof shall supply clear instructions in writing to the consumer or patient on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur. (c) Manufacturing Prohibition. It shall be unlawful for any person to manufacture a mercury thermometer in the Town of Cohasset. (d) Importation Prohibition. It shall be unlawful for any health care facility to import, purchase, or distribute a mercury thermometer in the Town of Cohasset, except in the case of medical necessity as determined by a licensed physician. (e) Penalty. Any person who violates this bylaw shall, for each offense, be punished by a fine of not more than $100.00 per mercury thermometer. (f) Effective Date. This section shall take effect January 1, 2002. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS John K. McNabb, Jr. 53 Pond St. Robin Grinnell 388 Beechwood St. Julie D. McNabb 53 Pond St. Betts H. Murray 8 Westgate Ln. James R. Lennon 20 Tad Ln. G. R. Hoffman 12 Lamberts Ln. Arthur Lehr 200 No. Main St. Donna Pratt 75 Ripley Rd. Robert Deutsch 100 Elm St. Mark Baker 32 Nichols Rd. Moved to amend Article VII, “Safety and Public Order”, of the General Bylaws, by inserting the following new section: Section 39. Ban on Sale of Mercury Thermometers. (a) Definitions. The following definitions shall apply in the interpretation and implementation of this section. “Health care facility” means any hospital, nursing home, skilled nursing facility, extended care facility, long-term care facility, clinic or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization. “Mercury thermometer” means a product, device, instrument or equipment into which elemental mercury or mercury compounds are intentionally added during its formulation or manufacture and that is used to measure body temperature. “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that produces a mercury thermometer. If the mercury thermometer is produced in a foreign country, the manufacturer is the importer or domestic distributor. (b) Retail Sale Prohibition. It shall be unlawful for any person in the Town of Cohasset to sell or supply, through wholesale, retail, or online retail distribution channels, a mercury thermometer to consumers and patients, except by prescription. No mercury thermometer may be sold through prescription unless the manufacturer thereof shall supply clear instructions in writing to the consumer or patient on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur. (c) Manufacturing Prohibition. It shall be unlawful for any person to manufacture a mercury thermometer in the Town of Cohasset. (d) Importation Prohibition. It shall be unlawful for any health care facility to import, purchase, or distribute a mercury thermometer in the Town of Cohasset, except in the case of medical necessity as determined by a licensed physician. (e) Penalty. Any person who violates this bylaw shall, for each offense, be punished by a fine of not more than $100.00 per mercury thermometer. (f) Effective Date. This section shall take effect January 1, 2002. Motion adopted unanimously Article 29: To see if the Town will amend Article III, “Elected Town Officer”, of the General Bylaws, by inserting the following new subsection in Section 6, “Board of Health “ (h) The Board of Health shall not accept a site assignment application, nor hold a site assignment hearing, nor approve a site assignment application for a proposed solid waste facility or any portion thereof located in any Zoning District where privately owned or operated solid waste uses are not allowed as a matter of right. An application for a site assignment for a solid waste facility shall not be accepted by the Board until such time as the applicant demonstrates to the Board that the proposed facility is not prohibited by the Zoning Bylaws. The applicant shall provide to the Board a Town zoning map prepared and stamped by a Massachusetts registered professional engineer showing that the location of the proposed facility is in a Town Zoning District that allows privately owned or operated solid waste uses as a matter of right. When the proposed facility would be located in a Zoning District where privately owned or operated solid waste uses are not allowed as a matter of right, the applicant shall provide to the Board a written ruling from the Building Inspector stating that the proposed facility is not prohibited by the Zoning Bylaws. If this ruling is appealed to the Zoning Board of Appeals, the applicant shall provide to the Board a written decision of the Zoning Board of Appeals stating that the area of land where the proposed facility would be located is exempt from the prohibition against such solid waste uses and giving the basis for such exemption. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS John K. McNabb, Jr. 53 Pond St. Peter J. Pratt 75 Ripley Rd. Kevin F. O’Donnell 248 King St. Keith Moskow 98 Gammons Rd. Peter G. Whittemore 47 Elm Ct. Bruce F. McKinnon 70 Fairoaks Ln. Mary O. Kelly 247 Fair Oaks Ln. Martha K. Gjesteby 81 Old Pasture Rd. Linda Keller 2 Cushing Rd. Constance Afshar 141 South Main St. Moved to amend Article III, “Elected Town Officer”, of the General Bylaws, by inserting the following new subsection in Section 6, “Board of Health”: (h) The Board of Health shall not accept a site assignment application, nor hold a site assignment hearing, nor approve a site assignment application for a proposed solid waste facility or any portion thereof located in any Zoning District where privately owned or operated solid waste uses are not allowed as a matter of right. An application for a site assignment for a solid waste facility shall not be accepted by the Board until such time as the applicant demonstrates to the Board that the proposed facility is not prohibited by the Zoning Bylaws. The applicant shall provide to the Board a Town zoning map prepared and stamped by a Massachusetts registered professional engineer showing that the location of the proposed facility is in a Town Zoning District that allows privately owned or operated solid waste uses as a matter of right. When the proposed facility would be located in a Zoning District where privately owned or operated solid waste uses are not allowed as a matter of right, the applicant shall provide to the Board a written ruling from the Building Inspector stating that the proposed facility is not prohibited by the Zoning Bylaws. If this ruling is appealed to the Board of Health, the applicant shall provide to the Board a written decision of the Zoning Board of Appeals stating that the area of land where the proposed facility would be located is exempt from the prohibition against such solid waste uses and giving the basis for such exemption. Motion adopted. Article 30: To see if the Town will vote to amend Section 12.5 of the Zoning Bylaws by striking the sentence “A variance may authorize a use not otherwise permitted in the district in which the land or structure is located, provided that such use is specifically permitted by this bylaw; and further provided that no variance may be granted to allow a sanitary landfill use or other solid waste facility use in the Water Resource District established pursuant to Section 14 of this bylaw”; and inserting in its place thereof the following sentence: - “A variance may authorize a use not permitted in the district in which the land or structure is located, provided that such use is specifically permitted by this bylaw; and further provided that no variance may be granted to allow a privately owned sanitary landfill use or other solid waste facility use in the Water Resource District established pursuant to Section 14 of this bylaw or in any other zoning district where solid waste uses are not allowed as a matter of right.”. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS John K. McNabb, Jr. 53 Pond St. Peter J. Pratt 75 Ripley Rd. Kevin F. O’Donnell 248 King St. Keith Moskow 98 Gammons Rd. Peter G. Whittemore 47 Elm Ct. Bruce F. McKinnon 70 Fairoaks Ln. Mary O. Kelly 247 Fair Oaks Ln. Martha K. Gjesteby 81 Old Pasture Rd. Linda Keller 2 Cushing Rd. Constance Afshar 141 South Main St. Amendment offered by Robert Sturdy, member of the Planning Board. Moved to amend Section 12.5 of the Zoning Bylaws by striking the sentence "A variance may authorize a use not otherwise permitted in the district in which the land or structure is located, provided that such use is specifically permitted by this bylaw; and further provided that no variance may be granted to allow a sanitary landfill use or other solid waste facility use in the Water Resource District established pursuant to Section 14 of this bylaw”; and inserting in its place thereof the following sentence: - "A variance may not authorize a use not otherwise permitted in the district in which the land or structure is located. A 2/3 vote is required. Amendment adopted. Main motion as amended is adopted unanimously. ARTICLE 31: To see if the Town will vote to amend article VII, Safety and Public Order, of the General Bylaws by inserting the following new section: Section 40. Regulation of Air Emissions from Landfills (a) Authority This Bylaw is adopted by the Town of Cohasset under its Home Rule Authority pursuant to Article 89, Section 6, of the Amendments to the Massachusetts Constitution (the Home Rule Amendment), its police powers to protect the public health, safety, welfare, and its authorization under Massachusetts General Laws Chapter 40, Section 21, and is independent of Massachusetts General Laws Chapter 111 and regulations promulgated thereunder. (b) Purpose and Applicability The purpose of this Bylaw is to protect public health, safety, and the environment and to protect the constitutional right of Cohasset residents to clean air as guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution by regulating air emissions from landfills located in the Town of Cohasset which may constitute a nuisance, a danger to public health, or which may impair the public health and convenience. (c) Prohibition of Nuisance or Health Threat from Landfill Gas Emissions (i) Emissions of landfill gas from a landfill located in the Town of Cohasset shall at no time cause a nuisance condition, adversely affect public health, or otherwise impair the public health and convenience. (ii) Upon receipt of a complaint from any one or more persons that a landfill is violating the above section, the Board of Health may require the owners or operator of said landfill to abate such violation. (d) Air quality monitoring of landfill gas emissions (i) The owner or operator of a landfill shall, at times and in places as required by the Board of Health, monitor ambient air quality to detect the extent and concentration of emissions of landfill gas emitted from said landfill throughout the Town of Cohasset, and shall provide the results of said monitoring to the Board of Health and to the public in a timely manner. (ii) The owner or operator of a landfill shall conduct additional air quality monitoring upon request of the Board of Health or the Health Agent. (e) Approval of landfill gas management plan (i) Landfill gas shall at all times be managed by the owner or operator of the landfill to reduce to the fullest extent possible the potential adverse effect of the gas emissions on public health, safety, and the environment. (ii) Landfill gas from a landfill located in the Town of Cohasset may not be released into the atmosphere until such time as the Board of Health has reviewed and approved plans for management of landfill gas emissions, which may include, as required by the Board, treatment of the landfill gas, such as a granulated active carbon (GAC) filter or a flare system. (iii) No filter, flare system, or other treatment process for landfill gas shall be used by a landfill until such time as such filter or treatment process has been approved by the Board of Health. In reviewing and approving landfill gas management plans, the Board of Health shall consider and may apply all relevant regulations and standards established under federal and state law and regulation, including the United States Environmental Protection New Source Performance Standards and the state Department of Environmental Protection landfill regulations, 310 CMR 19.000, state and federal air quality regulations, and any other applicable federal state, or local laws or regulations. (f) Assessment of Fees The Board may require pursuant to Massachusetts General Laws Chapter 44, section 53G or other applicable legal authority that the owner or operator of a landfill located in the Town of Cohasset pay to the Board in advance a fee consisting of the reasonable costs incurred, or to be incurred, by the Board for the employment of outside professional experts and/or consultants engaged by the Board to assist in the review ("review fee") of the ongoing monitoring required under this bylaw, any applications submitted to the Board for landfill gas control, and for any other purpose consistent with this bylaw . (g) Penalties for Violations (i) Whoever violates this regulation or any order promulgated thereto shall be punished, by a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300). (ii) For the purposes of this regulation, each day or part thereof of violation of this bylaw or an order adopted thereto, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense. (iii) The Board of Health may, at any time following public notice and by sending written notice by registered mail to the landfill owner or operator, hold a public hearing to determine whether the landfill is in violation of this regulation and may, following such hearing, determine whether or not the landfill is in violation and, if so, to determine what penalty shall be assessed and what actions the Board will require the landfill owner or operator to take to abate such violation. (h) Effective date This regulation shall be effective as of January 1, 2002 (i) Severability If any section or other portion of this regulation is found invalid, such finding of invalidity shall not affect the validity of the remainder of the regulation. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS John K. McNabb, Jr. 53 Pond St. Peter J. Pratt 75 Ripley Rd. Kevin F. O’Donnell 248 King St. Keith Moskow 98 Gammons Rd. Peter G. Whittemore 47 Elm Ct. Bruce F. McKinnon 70 Fairoaks Ln. Mary O. Kelly 247 Fair Oaks Ln. Martha K. Gjesteby 81 Old Pasture Rd. Linda Keller 2 Cushing Rd. Constance Afshar 141 South Main St. Moved to amend Article VII, Safety and Public Order, of the General Bylaws by inserting the following new section: Section 40. Regulation of Air Emissions from Landfills (a) Authority This Bylaw is adopted by the Town of Cohasset under its Home Rule Authority pursuant to Article 89, Section 6, of the Amendments to the Massachusetts Constitution (the Home Rule Amendment), its police powers to protect the public health, safety, welfare, and its authorization under Massachusetts General Laws Chapter 40, Section 21, and is independent of Massachusetts General Laws Chapter 111 and regulations promulgated thereunder. (b) Purpose and Applicability The purpose of this Bylaw is to protect public health, safety, and the environment and to protect the constitutional right of Cohasset residents to clean air as guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution by regulating air emissions from landfills located in the Town of Cohasset which may constitute a nuisance, a danger to public health, or which may impair the public health and convenience. (c) Prohibition of Nuisance or Health Threat from Landfill Gas Emissions (i) Emissions of landfill gas from a landfill located in the Town of Cohasset shall at no time cause a nuisance condition, adversely affect public health, or otherwise impair the public health and convenience. (ii) Upon receipt of a complaint from any one or more persons that a landfill is violating the above section, the Board of Health may require the owners or operator of said landfill to abate such violation. (d) Air quality monitoring of landfill gas emissions (i) The owner or operator of a landfill shall, at times and in places as required by the Board of Health, monitor ambient air quality to detect the extent and concentration of emissions of landfill gas emitted from said landfill throughout the Town of Cohasset, and shall provide the results of said monitoring to the Board of Health and to the public in a timely manner. (ii) The owner or operator of a landfill shall conduct additional air quality monitoring upon request of the Board of Health or the Health Agent. (e) Approval of landfill gas management plan (i) Landfill gas shall at all times be managed by the owner or operator to reduce to the fullest extent possible the potential adverse effect of the gas emissions on public health, safety, and the environment. (ii) Landfill gas from a landfill located in the Town of Cohasset may not be released into the atmosphere until such time as the Board of Health has reviewed and approved plans for management of landfill gas emissions, which may include, as required by the Board, treatment of the landfill gas, such as a granulated active carbon (GAC) filter or a flare system. (iii) No filter, flare system, or other treatment process for landfill gas shall be used by a landfill until such time as such filter or treatment process has been approved by the Board of Health. (iv) In reviewing and approving landfill gas management plans, the Board of Health shall consider and may apply all relevant regulations and standards established under federal and state law and regulation, including the United States Environmental Protection New Source Performance Standards and the state Department of Environmental Protection landfill regulations, 310 CMR 19.000, state and federal air quality regulations, and any other applicable federal state, or local laws or regulations. (f) Assessment of Fees The Board may require pursuant to Massachusetts General Laws Chapter 44, section 53G or other applicable legal authority that the owner or operator of a landfill located in the Town of Cohasset pay to the Board in advance a fee consisting of the reasonable costs incurred, or to be incurred, by the Board for the employment of outside professional experts and/or consultants engaged by the Board to assist in the review ("review fee") of the ongoing monitoring required under this bylaw, any applications submitted to the Board for landfill gas control, and for any other purpose consistent with this bylaw . (g) Penalties for Violations (i) Whoever violates this regulation or any order promulgated thereto shall be punished, by a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300). (ii) For the purposes of this regulation, each day or part thereof of violation of this bylaw or an order adopted thereto, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense. (iii) The Board of Health may, at any time following public notice and by sending written notice by registered mail to the landfill owner or operator, hold a public hearing to determine whether the landfill is in violation of this regulation and may, following such hearing, determine whether or not the landfill is in violation and, if so, to determine what penalty shall be assessed and what actions the Board will require the landfill owner or operator to take to abate such violation. (h) Effective date This regulation shall be effective as of January 1, 2002 (i) Severability If any section or other portion of this regulation is found invalid, such finding of invalidity shall not affect the validity of the remainder of the regulation. Motion is defeated. Article 32: To see if the Town will vote to amend the General Bylaws by inserting the following new Article: Article XV. Ground Water Cleanup Standards. 1. Authority This Bylaw is adopted by the Town of Cohasset under its Home Rule Authority pursuant to Article 89, Section 6 of the Amendments to the Massachusetts Constitution (the Home Rule Amendment), its police powers to protect the public health, safety, welfare, the authorization to adopt bylaws pursuant to Massachusetts General Laws Chapter 40, Section 21, and its authority to plan for the prevention, control and abatement of water pollution under M.G.L. c.21,§27(1). 2. Purpose The purpose of this Bylaw is to protect, preserve, improve and maintain the Town of Cohasset's existing and potential public drinking water sources, to preserve and protect the constitutional right of Cohasset residents to clean water as guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution and to assure public health and safety through the application of stringent environmental ground water quality clean up standards which assure restoration of any contaminated water resources area covered by this Bylaw to a fully useable condition. 3. Recitations 3.1 The Town of Cohasset relies on surface water sources, which are influenced by groundwater, and on groundwater sources within the Town, as its source of public drinking water for residents, businesses and industries in the Town. 3.2 There have been a number of documented releases and threats of release within the Town of contaminants and "oil" and "hazardous material" as those terms are defined under Massachusetts General Laws Chapter 21E and the Massachusetts Contingency Plan, 310 CMR 40.0000 et.seq. (the "MCP"). 3.3 Groundwater in Cohasset that contributes to our sources of public drinking water supply has been contaminated or threatened by various releases and threats of release within the Town of contaminants and "oil" and "hazardous material". 3.4 Multiple contaminants in groundwater and/or multiple pathways of exposure to such contaminants has presented and continues to present potential risks to Cohasset's present and future public drinking water supply sources. 4. Definitions The following terms shall have the following meanings in this Article: 4.1 "Cleanup" means any response action, removal action or remedial action undertaken pursuant to any federal or state environmental law, rule, regulation, order or decree involving the clean up or removal of any contaminant from the environment, including, without limitation, from land, waters and/or groundwaters. 4.2 "Contaminant" means any physical, chemical, biological or radiological substance or matter in water, as defined in 42 U.S.C. § 300f(6). The term "Contaminant" includes, without limitation, any material or substance defined as "oil" or "hazardous material" under Massachusetts General Laws Chapter 21E (the Massachusetts “Superfund” law) or the Massachusetts Contingency Plan, 310 CMR 40.0000 et seq. (the "MCP"). 4.3 "DEP" means the Department of Environmental Protection, its predecessors and/or its successors. 4.4 "Fully useable condition" means that, with respect to the Resource Areas defined in this Bylaw, contaminant levels meet or surpass in cleanness on a permanent basis the groundwater cleanup standards established by this Bylaw throughout the Resource Area for each and every contaminant. 4.5 "Ground Water Cleanup Standards" means the groundwater quality standards adopted by the Town of Cohasset pursuant to this Bylaw which are as follows: (1) the most recently established Maximum Contaminant Level Goals (“MCLGs”) established under the Safe Drinking Water Act for each Contaminant for which and MCLG has been established, see 40 CFR § § 141.50 -141.52, (2) the most recently established Massachusetts Maximum Contaminant Level Goals (MMCLG’s) for drinking water set by the Massachusetts Department of Environmental Protection, and (3) where a MCLG or MMCLG for an unregulated volatile organic compound (“VOC”) has not been promulgated, 1 part per billion (“ppb”) for any such volatile organic compound (“VOC”) and 5ppab total for all such VOC”s.. 4.6 "Potentially productive aquifer(s)" means all aquifers within Cohasset delineated by the U.S. Geological Survey as a high or medium yield aquifer. 4.7 "Resource Area" means and includes each and all of the following areas in the Town of Cohasset: (a) The Water Resource District established pursuant to Section 14 of the Zoning Bylaws, which includes the watershed for surface water sources and the wellhead protection areas for the groundwater sources of public drinking water supply. (b) All Potentially Productive Aquifers. (c) Potential surface water supply areas as identified by the federal or state government or the Town of Cohasset. 5. Scope Any Cleanup performed in the Town of Cohasset by a person potentially liable under Section 5(a) of General Laws Chapter 21E on, in, at, of or affecting any Resource Area(s) shall on a permanent basis meet or surpass in cleanness the Ground Water Clean Up Standards established by this Bylaw throughout the Resource Area for each and every Contaminant for which the Cleanup is or has been undertaken. 6. Application of Ground Water Cleanup Standards All sampled locations throughout the Resource Area shall meet the Ground Water Clean Up Standards established by this Bylaw. No averaging of samples may be used to determine compliance with the Ground Water Cleanup Standards for any particular sampling point, Resource Area or any combination of Resource Areas. All Resource Areas which undergo a Cleanup must be restored to a fully useable condition. 7. Enforcement The Conservation Commission is authorized and empowered to enforce the provisions of this Bylaw. Pursuant to M.G.L. Chapter 40, Section 21, breach of this Bylaw shall be punishable by a penalty of three hundred dollars ($300.00) for each offense. Each day during which a breach of this Bylaw continues shall constitute a separate offense. Without limitation, it shall constitute a breach of this Bylaw to discontinue for more than thirty (30) days or to abandon a Cleanup of a Resource Area without meeting the Groundwater Cleanup Standards of this Bylaw. Any breach of this Bylaw shall be deemed to cause irreparable harm to the Town of Cohasset and its citizens, residents, and persons employed in the Town, entitling the Town of Cohasset to all appropriate injunctive relief in addition to all other available remedies provided by law. 8. Variance From Groundwater Cleanup Standards The Conservation Commission shall have the power, after public hearing for which notice has been given by publication and posting, by mailing to the applicant, all abutters, all abutters to abutters, and the Cohasset Board of Water Commissioners, to grant upon petition with respect to a particular Cleanup a variance from the Groundwater Cleanup Standards of this Bylaw where the Conservation Commission specifically finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. In determining whether to grant such a variance, the Conservation Commission, in consultation with the Board of Water Commissioners, should consider the following: (i) the ability of the applicant to demonstrate that its contribution to a discharge, release, or disposal of the contaminants at issue can be distinguished from the contribution of other parties; (ii) the amount and concentration of the contaminants involved; (iii) the degree of toxicity and the fate and transport of the contaminants I involved; (iv) the degree of involvement by the applicant in the generation, transportation; (v) treatment, storage, or disposal of the contaminants involved; (vi) the degree of care exercised by the applicant with respect to the contaminants concerned, taking into account the characteristics of such contaminants; (vii) the degree of cooperation by the applicant with the Federal, State or local officials to prevent any harm to the public health, safety , welfare, or environment; (viii) alternatives proposed by the applicant to protect the public health, safety , welfare and the environment including, without limitation, any prospective contribution by the applicant to costs of treatment of the affected groundwater before its distribution within Cohasset's public water supply; and (ix) whether achievement of the Ground Water Cleanup Standards is technologically infeasible or not cost-effective based on the limits of best available technology, the marginal costs, the marginal benefits, and the risks to the public health, safety, welfare and the environment. The Conservation Commission may impose conditions, safeguards and limitations in such a variance to protect the public health, safety , welfare and the environment and to effectuate the purposes of this Bylaw. 9. Assessment of Fees The Conservation Commission may require pursuant to Massachusetts General Laws Chapter 44, section 53G, Commission regulations, or other applicable legal authority that a person potentially liable under Section 5(a) of General Laws Chapter 21E for the cleanup of a site located in Cohasset pay to the Commission in advance a fee consisting of the reasonable costs incurred, or to be incurred, by the Commission for the employment of outside professional experts and/or consultants engaged by the Commission to assist in the review ("review fee") of any cleanup regulated pursuant to this bylaw, and for any other purpose consistent with this bylaw. 10. Applicability This Bylaw shall apply to any existing, ongoing or proposed Cleanup to the maximum extent permitted by law. 11. Severability If any part of this Bylaw is adjudicated invalid, the remaining parts shall remain in full force and effect. If this Bylaw is adjudicated invalid or inapplicable in any area or zone, it shall remain valid and applicable to the maximum geographical extent possible. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS John K. McNabb, Jr. 53 Pond St. Peter J. Pratt 75 Ripley Rd. Kevin F. O’Donnell 248 King St. Keith Moskow 98 Gammons Rd. Peter G. Whittemore 47 Elm Ct. Bruce F. McKinnon 70 Fairoaks Ln. Mary O. Kelly 247 Fair Oaks Ln. Martha K. Gjesteby 81 Old Pasture Rd. Linda Keller 2 Cushing Rd. Constance Afshar 141 South Main St Moved that this article be indefinitely postponed. Motion to indefinitely postpone is adopted unanimously. Article 33: To see what sum or sums of money the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, , to be expended by the School Committee and the Town Manager, to supplement the funding to renovate, reconstruct make extraordinary changes, furnish and pay for the architectural fees, and all other related costs, to the Deer Hill Elementary School and Middle/High School for the creation of additional space, handicapped accessibility, and to meet the educational specifications established by the Cohasset School Committee as voted in Article 13 of the March 2000 Annual Town Meeting. This article is intended to take effect upon passage in Fiscal Year 2001. Moved that it is the intention of the School Building Committee to withdraw this article from consideration, and, therefore, it is moved that this Article be indefinitely postponed. Motion to indefinitely postpone is adopted unanimously. Article 34: To see if the Town will vote to raise and appropriate, transfer from available funds, and/or transfer from available funds, a sum or sums of money to add to the Stabilization Fund in accordance with M.G.L. c. 40, Section 5B, as amended. Moved that it is the intention of the Board of Selectmen to withdraw this article from consideration, and, therefore, it is moved that this Article be indefinitely postponed. Motion to indefinitely postpone is adopted unanimously. Moved that this meeting stand adjourned only for the election to be held Saturday, April 7, 2001. Motion voted unanimously at 6:15 p.m. A True Record, ATTEST: Marion L. Douglas Town Clerk 13 21