HomeMy WebLinkAboutMinutes - TM - 11/05/2001Index – Special Town Meeting, November 5, 2001
Article # Description of Article
Unpaid bills. Adopted.
2002 Operating Budget adjustments. Adopted.
Gravel Pit Design & Bid Documents. Adopted.
King Street and Schofield Road Easement. Adopted.
Water Department Capital. Adopted.
Water Department – Release of Easement. Adopted.
Water Department – Granting of Easement. Adopted.
Naming of Mariner’s Park. Adopted.
Accept Gift of Land – Route 3A. Adopted.
Police Station Design & Bid Documents. Defeated.
Amend Library Wording & Appropriation. Adopted.
Stabilization Fund. Adopted.
Private Way Repair Account. Adopted.
Local Room Occupancy Excise Tax. Defeated.
PWED Grant Plan Approval. Adopted.
Community Preservation Committee. Adopted.
Amend Zoning Bylaw – Ledge. Indefinitely postponed.
DPW Capital Equipment. Adopted.
James Brook Flood Control. Adopted.
Forest Avenue Sidewalk. Adopted.
Grown & Development Master Plan. Adopted.
Building Permit Moratorium. Indefinitely postponed.
Senior Housing Zoning. Adopted.
CHL Settlement Agreement. Adopted.
Citizens’ Petition – Sewer Abatements. Adopted.
Special Town Meeting -- November 5, 2001
At the Special Town Meeting held on Monday, November 5, 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 6:30 p.m. were Carol St. Pierre, Janice Rosano, Margaret Hernan, Kathleen Rhodes and Debra Krupczak. Tellers were appointed
and sworn in by the Moderator, George L. Marlette, III.
The Moderator called the meeting to order at 7:07 p.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled 406. Precinct 1 –
248 voters and Precinct 2 – 158.
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 the November 5, 2001, Special Town Meeting: that at the beginning of the Special Town Meeting, the Moderator shall call aloud each
of the articles printed in the warrant by number, that those articles for which any seven (7) voters 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.
Articles 1, 4, 6, 7, 8, 9, 12, 13, 16, 18, 19, 23 and 24 were not held for debate.
Motion adopted.
ARTICLE 1:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the
Town Manager, to pay for unpaid bills from previous fiscal years.
VENDOR AMOUNT REQUESTED
Deutsch Williams Brooks DeRensis & Holland $22,059.00
TOTAL $22,059.00
Moved that Twenty Seven Thousand Fifty Nine ($27,059.00) Dollars be raised by taxation and other general revenues of the Town, to be expended by the Town Manager, to pay the following
unpaid bills from previous fiscal years:
Deutsch Williams Brooks DeRensis & Holland $27,059.00
TOTAL $27,059.00
A 9/10 vote required.
Motion adopted.
ARTICLE 4:
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, an easement for installation, repair and maintenance of a drainage pipe
and appurtenant structures at the intersection of King Street and Schofield Road on land commonly known as 460 King Street, Cohasset, and more particularly described in the deed recorded
in Norfolk County Registry of Deeds Book 7077, Page 730. The land and terms of the easement shall be as determined by the Board of Selectmen.
Moved that the Board of Selectmen be hereby authorized to acquire by purchase, gift or eminent domain, an easement for installation, repair and maintenance of a drainage pipe and appurtenant
structures at the intersection of King Street and Schofield Road on land commonly known as 460 King Street, Cohasset, and more particularly described in the deed recorded in Norfolk
County Registry of Deeds Book 7077, Page 730. The land and terms of the easement shall be as determined by the Board of Selectmen.
A 2/3 vote required.
Motion adopted by the required 2/3’s.
ARTICLE 6:
To see if the Town will vote to authorize the Board of Water Commissioners to release that portion of the easement taken by the Cohasset Water Company under an Order of Taking dated
November 2, 1949, recorded in Norfolk County Registry of Deeds, Book 2868, Page 541, lying between James Lane and Pleasant Street, as described in Paragraph 10 of said taking and burdening
land owned in 1949 by Eleanor T. Downs, Frances Downs, and Rebecca D. Hock, and now owned by John H. Connell.
Moved that the Board of Water Commissioners be hereby authorized to release that portion of the easement taken by the Cohasset Water Company under an Order of Taking dated November 2,
1949, recorded in Norfolk County Registry of Deeds, Book 2868, Page 541, lying between James Lane and Pleasant Street, as described in Paragraph 10 of said taking and burdening land
owned in 1949 by Eleanor T. Downs, Frances Downs, and Rebecca D. Hock, and now owned by John H. Connell.
A 2/3 vote required.
Motion adopted by the required 2/3’s.
ARTICLE 7:
To see if the Town will vote to authorize the Board of Water Commissioners to acquire by purchase, gift or eminent domain, an easement for installation, repair and maintenance of a fire
hydrant at the intersection of Elm Street and Brook Street on land commonly known as 13 Elm Street, Cohasset, and shown on Town of Cohasset Assessors’ Map 27, as Plots 27-1 and 27-2.
The location and terms of the easement shall be as determined by the Board of Water Commissioners.
Moved that the Board of Water Commissioners be hereby authorized to acquire by purchase, gift or eminent domain, an easement for installation, repair and maintenance of a fire hydrant
at the intersection of Elm Street and Brook Street on land commonly known as 13 Elm Street, Cohasset, and shown on Town of Cohasset Assessors’ Map 27, as Plots 27-1 and 27-2. The location
and terms of the easement shall be as determined by the Board of Water Commissioners.
A 2/3 vote required.
Motion adopted by the required 2/3’s.
ARTICLE 8:
To see if the Town will vote to name the Town owned property located on Parker Avenue (formerly known as the Hagerty Property), and identified on Assessors’ Map 37 as Parcel 11, as
“Mariner’s Park”.
Moved that the Town owned property located on Parker Avenue (formerly known as the Hagerty Property), and identified on Assessors’ Map 37 as Parcel 11, be hereinafter named “Mariner’s
Park”.
Motion adopted.
ARTICLE 9:
To see if the Town will vote to accept a gift of land of approximately 2 acres, more or less, a portion of Assessors’ Map 73, Parcel 6, located on Route 3A, from Crocker II Realty Trust,
subject to a successful Chapter 21E Site Assessment satisfactory to the Board of Selectmen.
Moved that a gift of land of approximately 2 acres, more or less, a portion of Assessors’ Map 73, Parcel 6, located on Route 3A, from Crocker II Realty Trust, is hereby accepted, subject
to a successful Chapter 21E Site Assessment satisfactory to the Board of Selectmen.
A 2/3 vote required.
Motion adopted by the required 2/3’s.
ARTICLE 12:
To see if the Town will vote to raise and appropriate, transfer from available funds, a sum or sums of money, to add to the Stabilization Fund in accordance with M.G.L. c. 40, § 5B,
as amended.
Moved that Five Hundred Sixty Seven Thousand Two Hundred Eighty One ($567,281.00) Dollars be transferred from Surplus Revenue, to add to the Stabilization Fund in accordance with M.G.L.
c. 40, § 5B, as amended.
Motion adopted.
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, to be expended by the
Town Manager, to add to the Private Way Repair Capital Account, as originally voted in Article 15 of the October 26, 1998, Special Town Meeting, to repair private ways in Town.
Moved that Thirty Five Thousand ($35,000.00) Dollars be appropriated from taxation and other general revenues of the Town, to be expended by the Town Manager, to add to the Private Way
Repair Capital Account, as originally voted in Article 15 of the October 26, 1998, Special Town Meeting, to repair private ways in Town.
Motion adopted.
ARTICLE 16:
To see if the Town will vote to amend Article V - “Appointed Standing Town Boards and Committee” of the General Bylaws be hereby amended by adding the following new section 20, entitled
“Community Preservation Committee” as follows:
SECTION 20. COMMUNITY PRESERVATION COMMITTEE
(a) The Community Preservation Committee shall be appointed by the Board of Selectmen and shall consist of nine (9) members to be made up as follows:
One Member shall be a member of the Conservation Commission
One Member shall be a member of the Historical Commission
One Member shall be a member of the Planning Board
One Member shall be a member of the Board of Park Commissioners
One Member shall be a member of the Housing Authority
One Member shall be a member of the Water Commission
Three Members shall be citizens of the Town
(b) The members shall be appointed to three (3) year terms, the conclusion of each term being the end of the fiscal year. Initially, three members shall be appointed to three (3) year
terms; three members shall be appointed to two (2) year terms; and three members shall be appointed to one (1) year terms; so that three members shall be appointed each fiscal year.
(c) The Community Preservation Committee shall not meet or conduct business without the presence of a quorum, except to adjourn from time to time. A majority of the members of the
Committee shall constitute a quorum. The Committee shall approve its actions by a majority vote of those voting and present. The Community Preservation Committee is responsible for
evaluating the community preservation needs of the Town of Cohasset and making recommendations to Town Meeting.
(d) Subject to any and all responsibilities set forth in Massachusetts General Laws, Chapter 44B, Sections 5(b)(1) through 5(b)(3)(c), the Committee shall study the needs, possibilities
and resources of the Town regarding community preservation. The Committee shall consult with existing municipal boards, including the Board of Selectmen, the Conservation Commission,
the Historical Commission, the Planning Board, the Recreation Commission, the Water Commission, the Open Space Committee, and the Housing Authority in conducting such studies. As part
of its study, the Committee shall review the Town Master Plan and hold one or more public informational hearings on the needs, possibilities and resources of the Town regarding community
preservation, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.
(e) Subject to Massachusetts General Laws, Chapter 44B, Sections 5(b)(2) through 5(b)(3)(c), the Committee shall make recommendations to the Town Meeting for the acquisition and preservation
of historic resources, for the acquisition, creation and preservation of historic resources for the acquisition, creation and preservation of land for recreational use, for the creation,
preservation and support of community housing and for rehabilitation or restoration of such open space, historical resources, land for recreational use and community housing that is
acquired or created as provided in this section. With respect to community housing, the Committee shall recommend, wherever possible, the reuse of existing buildings or construction
of new buildings on previously developed sites.
(f) The Committee may include in its recommendations to Town Meeting, a recommendation to set aside, for later spending, funds for specific purposes that are consistent with community
preservation, but for which sufficient revenues are not then available in the community preservation fund to accomplish that specific purpose or set aside for later spending funds for
general purposes that are consistent with community preservation.
(g) Subject to the requirement of Massachusetts General Laws, Chapter 44B, Section 5(d), Section 5(e) and Section 6, the Town Meeting may make appropriations from or reservations of
community preservation funds in the amount recommended by the committee or it may reduce or reject a recommended amount. The Committee shall keep a record of its recommendations to
the Town Meeting and the specific action taken on them.
(h) The Committee shall maintain an inventory of all real property interest acquired, disposed of or improved after the Committee’s recommendations are acted on by Town Meeting.
Moved that Article V - “Appointed Standing Town Boards and Committee” of the General Bylaws be hereby amended by adding the following new section 20, entitled “Community Preservation
Committee” as follows:
SECTION 20. COMMUNITY PRESERVATION COMMITTEE
(a) There is hereby established a Community Preservation Committee which shall be appointed by the Board of Selectmen and shall consist of nine (9) members to be made up as follows:
One Member shall be a member of the Conservation Commission
One Member shall be a member of the Historical Commission
One Member shall be a member of the Planning Board
One Member shall be a member of the Board of Park Commissioners
One Member shall be a member of the Housing Authority
One Member shall be a member of the Open Space Committee
Three Members shall be citizens of the Town
(b) The members shall be appointed to three (3) year terms, the conclusion of each term being the end of the fiscal year. Initially, three members shall be appointed to three (3) year
terms; three members shall be appointed to two (2) year terms; and three members shall be appointed to one (1) year terms; so that three members shall be appointed each fiscal year.
(c) The Community Preservation Committee shall not meet or conduct business without the presence of a quorum, except to adjourn from time to time. A majority of the members of the
Committee shall constitute a quorum. The Committee shall approve its actions by a majority vote of those voting and present. The Community Preservation Committee is responsible for
evaluating the community preservation needs of the Town of Cohasset and making recommendations to Town Meeting.
(d) Subject to any and all responsibilities set forth in Massachusetts General Laws, Chapter 44B, Sections 5(b)(1) through 5(b)(3)(c), the Committee shall study the needs, possibilities
and resources of the Town regarding community preservation. The Committee shall consult with existing municipal boards, including the Board of Selectmen, the Conservation Commission,
the Historical Commission, the Planning Board, the Recreation Commission, the Water Commission, the Open Space Committee, and the Housing Authority in conducting such studies. As part
of its study, the Committee shall review any current Master Plan or Open Space Plan and hold one or more public informational hearings on the needs, possibilities and resources of the
Town regarding community preservation, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.
(e) Subject to Massachusetts General Laws, Chapter 44B, Sections 5(b)(2) through 5(b)(3)(c), the Committee shall make recommendations to the Town Meeting for the acquisition and preservation
of historic resources, for the acquisition, creation and preservation of open space, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation
and support of community housing and for rehabilitation or restoration of such open space, historical resources, land for recreational use and community housing that is acquired or created
as provided in this section. With respect to community housing, the Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on
previously developed sites.
(f) The Committee may include in its recommendations to Town Meeting, a recommendation to set aside, for later spending, funds for specific purposes that are consistent with community
preservation, but for which sufficient revenues are not then available in the community preservation fund to accomplish that specific purpose or set aside for later spending funds for
general purposes that are consistent with community preservation.
(g) Subject to the requirement of Massachusetts General Laws, Chapter 44B, Section 5(d), Section 5(e) and Section 6, the Town Meeting may make appropriations from or reservations of
community preservation funds in the amount recommended by the committee or it may reduce or reject a recommended amount. The Committee shall keep a record of its recommendations to
the Town Meeting and the specific action taken on them.
(h) The Committee shall maintain an inventory of all real property interest acquired, disposed of or improved after the Committee’s recommendations are acted on by Town Meeting.
Motion adopted.
ARTICLE 18:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the
Town Manager, for the purpose of purchasing and equipping the following new capital equipment that replaces existing equipment for the Department of Public Works, and to authorize the
Town Manager to trade-in or otherwise dispose of such existing equipment:
Two (2) Breakaway Rolloff Trailers
One (1) Grasshopper Mower
Miscellaneous Cemetery Equipment
Moved that Seventy Four Thousand ($74,000.00) Dollars be appropriated from taxation and other general revenues of the Town, to be expended by the Town Manager, for the purpose of purchasing
and equipping the following new capital equipment that replaces existing equipment for the Department of Public Works, and to authorize the Town Manager to trade-in or otherwise dispose
of such existing equipment:
Two (2) Breakaway Rolloff Trailers
One (1) Grasshopper Mower
Miscellaneous Cemetery Equipment
Motion adopted.
ARTICLE 19:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the
Town Manager, for the design, permitting, construction, equipping and all associated costs related thereto, for flood control improvements to the portion of the James Brook watershed
located more or less between Cohasset Village and Cohasset Harbor, in accordance with applicable environmental laws, regulations, and policies, said funds to be expended only in the
event such funds are eligible for reimbursement by the Massachusetts Bay Transportation Authority.
Moved that One Million Two Hundred Thousand ($1,200,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, for the design, permitting, construction, equipping and
all associated costs related thereto, for flood control improvements to the portion of the James Brook watershed located more or less between Cohasset Village and Cohasset Harbor, in
accordance with applicable environmental laws, regulations, and policies, said funds to be expended only in the event such funds are eligible for reimbursement by the Massachusetts Bay
Transportation Authority, and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen is hereby authorized to borrow One Million Two Hundred Thousand
($1,200,000.00) Dollars, 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.
A 2/3 vote required.
Motion adopted by the necessary 2/3’s.
ARTICLE 23:
To see if the town will vote to amend Section 2.1 of the Zoning Bylaws to add the following new definition:
Senior Housing Facility: housing sponsored in whole or in part by a private individual or entity and/or by the Town and/or one or more of its boards and/or committees to provide affordable
living accommodations for residents of the Town who are fifty-five (55) years of age or older.
and, further, to see if the Town will vote to amend Section 4.2, Table of Use Regulations, of the Zoning Bylaw be hereby amended to add the following under “Use, Residential”:
Senior Housing Facility
R-A R-B R-C DB WB HB TB LI OS
SP SP SP SP No SP No No No
and, further, to see if the Town will vote to amend Section 5.3.1, Table of Area Regulations, of the Zoning Bylaw be hereby amended to add the following under “R-A”:
Senior Housing Facility from Table 4.2
MINIMUM REQUIRED LOTS MINIMUM YARDS MAXIMUM PERMITTED
Area Frontage Width Front Side Rear Height Coverage Structural
(sq/ft) (ft) (ft) (ft) (ft) Depth (ft) (%) (%)
(ft)
24,000 50 100 20 15 15 35 30 N/A
6,000 for each additional family more than two
and, further, to see if the Town will vote to amend Section 5.3.1, Table of Area Regulations, of the Zoning Bylaw to add the following under “R-B”:
Senior Housing Facility from Table 4.2
MINIMUM REQUIRED LOTS MINIMUM YARDS MAXIMUM PERMITTED
Area Frontage Width Front Side Rear Height Coverage Structural
(sq/ft) (ft) (ft) (ft) (ft) Depth (ft) (%) (%)
(ft)
48,000 50 25 30 20 30 35 30 N/A
8,000 for each additional family more than two
and, further, to see if the Town will vote to amend Section 5.3.1, Table of Area Regulations, of the Zoning Bylaw to add the following under “R-C”:
Senior Housing Facility from Table 4.2
MINIMUM REQUIRED LOTS MINIMUM YARDS MAXIMUM PERMITTED
Area Frontage Width Front Side Rear Height Coverage Structural
(sq/ft) (ft) (ft) (ft) (ft) Depth (ft) (%) (%)
(ft)
80,000 50 150 30 20 30 35 30 N/A
10,000 for each additional family more than two
and, further, to see if the Town will vote to amend Section 5.3.1, Table of Area Regulations, of the Zoning Bylaw to add the following under “DB”, or take any other action thereon:
Senior Housing Facility from Table 4.2
MINIMUM REQUIRED LOTS MINIMUM YARDS MAXIMUM PERMITTED
Area Frontage Width Front Side Rear Height Coverage Structural
(sq/ft) (ft) (ft) (ft) (ft) Depth (ft) (%) (%)
(ft)
40,000 20 20 15 10 15 35 25 N/A
4,000 for each additional family more than two
and, further, to see if the Town will vote to amend Section 5.3.1, Table of Area Regulations, of the Zoning Bylaw to add the following under “HB”:
Senior Housing Facility from Table 4.2
MINIMUM REQUIRED LOTS MINIMUM YARDS MAXIMUM PERMITTED
Area Frontage Width Front Side Rear Height Coverage Structural
(sq/ft) (ft) (ft) (ft) (ft) Depth (ft) (%) (%)
(ft)
88,000 200 200 100 50 50 35 60 N/A
4,000 for each additional family more than two
and, further, to see if the Town will vote to amend Section 4.3, of the Zoning Bylaw to add the following new section 4.3.11:
4.3.11 The Board of Appeals may grant a special permit for a Senior Housing Facility where the Board of Appeals finds that, in addition to meeting the requirements of Section 5.3.1 and
Section 12.4.4, the proposed location is appropriate and that the proposed Senior Housing Facility would benefit the Town by providing affordable living accommodations for residents
of the town who are fifty-five years of age or older. Such findings shall include without limitation that the Senior Housing Facility shall be in harmony with and shall not derogate
from the intent and purpose of the Zoning Bylaw and shall be visually compatible and harmonious with adjacent properties and other property in the district.
Moved that this article be indefinitely postponed.
Motion adopted.
ARTICLE 24:
To see if the Town will vote to approve and ratify a settlement agreement between the Town and Cohasset Heights Ltd, a copy of which is on file with the Office of the Town Clerk.
Moved that the Board of Selectmen be authorized to accept, on behalf of the Town, a “Declaration of Restrictions and Covenants”, to be executed by Cohasset Heights Landfill and/or related
entities with respect to the landfill property in the Town and running in favor of the Town, in a form satisfactory to the Board of Selectmen to prevent further future solid waste uses
of the Cohasset Heights Landfill property and adjacent parcels.
Motion adopted.
ARTICLE 2:
To see what additional action the Town will vote to amend, modify, increase or decrease, or otherwise, to balance the Fiscal Year 2002 Operating Budget as voted in Article 3 of the March
31, 2001 Annual Town Meeting, and to see what additional 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 current fiscal year.
Dept. Original Revised Increase/
No. Appropriation Account Appropriation Appropriation Decrease
122 Board of Selectmen
General Expenses $ 64,412.00 $ 84,412.00 $ 20,000.00
135 Director of Finance
General Expenses $ 24,700.00 $ 29,700.00 $ 5,000.00
141 Board of Assessors
General Expenses $ 12,255.00 $ 17,255.00 $ 5,000.00
151 Legal Budget
General Expenses $ 120,000.00 $ 150,000.00 $ 30,000.00
161 Town Clerk & Elections
General Expenses $ 8,765.00 $ 18,365.00 $ 9,600.00
210 Police Department
Personal Services $ 1,348,928.00 $ 1,420,928.00 $ 72,000.00
General Expenses $ 70,975.00 $ 79,275.00 $ 8,300.00
Cruiser Purchase $ 26,000.00 $ 52,000.00 $ 26,000.00
220 Fire Department
General Expenses $ 112,725.00 $ 141,925.00 $ 29,200.00
300 Cohasset Public Schools
Total Cohasset Public Schools $10,143,555.00 $10,243,555.00 $100,000.00
422 Department of Public Works
General Expenses $ 464,120.00 $ 584,120.00 $120,000.00
440 Sewers
General Expenses $ 797,021.00 $ 579,271.00 ($217,750.00)
541 Elder Affairs Board
General Expenses $ 27,515.00 $ 33,515.00 $ 6,000.00
610 Library
Personal Services $ 260,705.00 $ 270,705.00 $ 10,000.00
Total $13,481,676.00 $13,705,026.00 $223,350.00
Moved that the Town vote to amend, modify, increase or decrease, or otherwise, to balance the Fiscal Year 2002 Operating Budget as voted in Article 3 of the March 31, 2001 Annual Town
Meeting, by decreasing the amount appropriated from taxation and other general revenues of the Town by Two Hundred Seventeen Thousand Seven Hundred Fifty ($217,750.00) Dollars from Twenty
Four Million Seven Hundred Sixty Thousand Five Hundred Sixty Eight ($24,760,568.00) Dollars to Twenty Four Million Five Hundred Forty Two Thousand Eight Hundred Eighteen ($24,542,818.00)
Dollars and to transfer the sum of Four Hundred Fifty Nine Thousand Six Hundred ($459,600.00) Dollars from Surplus Revenue, for the additional payment of the salaries and compensation,
expenses, equipment and outlays, capital and otherwise, of the several Town Departments, for the current fiscal year as follows:
Dept. Original Revised Increase/
No. Appropriation Account Appropriation Appropriation Decrease
122 Board of Selectmen
General Expenses $ 64,412.00 $ 84,412.00 $ 20,000.00
135 Director of Finance
General Expenses $ 24,700.00 $ 29,700.00 $ 5,000.00
141 Board of Assessors
General Expenses $ 12,255.00 $ 17,255.00 $ 5,000.00
151 Legal Budget
General Expenses $ 120,000.00 $ 198,500.00 $ 48,500.00
161 Town Clerk & Elections
General Expenses $ 8,765.00 $ 18,365.00 $ 9,600.00
210 Police Department
Personal Services $ 1,348,928.00 $ 1,420,928.00 $ 72,000.00
General Expenses $ 70,975.00 $ 79,275.00 $ 8,300.00
Cruiser Purchase $ 26,000.00 $ 52,000.00 $ 26,000.00
220 Fire Department
General Expenses $ 112,725.00 $ 141,925.00 $ 29,200.00
300 Cohasset Public Schools
Total Cohasset Public Schools $10,143,555.00 $10,243,555.00 $100,000.00
422 Department of Public Works
General Expenses $ 464,120.00 $ 584,120.00 $120,000.00
440 Sewers
General Expenses $ 797,021.00 $ 579,271.00 ($217,750.00)
541 Elder Affairs Board
General Expenses $ 27,515.00 $ 33,515.00 $ 6,000.00
610 Library
Personal Services $ 260,705.00 $ 270,705.00 $ 10,000.00
Total $13,481,676.00 $13,723,526.00 $241,850.00
Amendment offered by Frederick Koed, Chairman of the Board of Selectmen.
Moved to amend the amount transferred from surplus revenue by $30,000.00 from $459,600.00 to $489,600.00. Said amount to be added to line item 151 “Legal Budget” for a total amended
increase in that line item from $48,500.00 to $78,500.00.
Hand count taken. Yes 140; No 184. Motion to amend is defeated. Main motion adopted.
ARTICLE 3:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the
Town Manager, for the purpose of retaining architects, engineers or other professional services to develop construction drawings and bid documents to construct two ball fields on Town
owned property located on North Main Street, and known as the “Gravel Pits”, and to return to the 2002 Annual Town Meeting, or other subsequent Town Meeting, for the actual construction
funds.
Moved that Twenty Seven Thousand ($27,000.00) Dollars be appropriated from taxation and other general revenues of the Town, to be expended by the Town Manager, for the purpose of retaining
architects, engineers or other professional services to develop construction drawings and bid documents to construct two ball fields on Town owned property located on North Main Street,
and known as the “Gravel Pits”, and to return to the 2002 Annual Town Meeting, or other subsequent Town Meeting, for the actual construction funds.
Motion adopted.
At this time, the Moderator recognized Representative Garrett Bradley.
ARTICLE 5:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, and to transfer a sum
or sums of money from the funds appropriated pursuant to Article 20 of the March, 1997 Special Town Meeting, Article 3 of the December, 1999 Special Town Meeting, Article 17 of the March,
2000 Annual Town Meeting and from Article 22 of the October, 2000 Special Town Meeting for use by the Water Commission to complete water system improvement projects including, but not
limited to the following: (a) engineering and constructing the Scituate Hill water storage tank; (b) cleaning, inspecting, repairing, sandblasting and painting the Bear Hill water storage
tank; (c) cleaning and lining water pipes on Beechwood Street between Route 3A and Riverview Drive, Summer Street and Elm Street; (d) replacing and installing water pipes on Border Street,
Linden Drive and Rustic Drive and making other improvement to the water distribution system; (e) repairing the settling basins, replacing the flocculators and other improvements to the
Lily Pond Water Treatment Plant, including without limitation the repair, replacement and upgrading of the facilities; (f) rehabilitating the Elms Meadow and Sohier Street wellfields;
and the relocation of the Sohier Street wellfields, said funds to be expended only in the event such funds are eligible for reimbursement by the Massachusetts Bay Transportation Authority;
(g) replacing fire hydrants; (h) developing a computerized database of the distribution system and watershed areas using Geographic Information Systems (GIS) and Computer Assisted Drafting
(CAD) software; (i) replacing valves and gates; (j) repairing, rehabilitating, cleaning, lining and installing or replacing water mains and pipes and making other repairs to the water
distribution system and water storage tanks; (k) conducting water quality monitoring establishing monitoring wells and performing studies; (l) acquiring land by gift, purchase or eminent
domain to protect the sources of public water supply; and, (m) performing other capital improvements to the Lily Pond Water Treatment Plant, the water distribution system, water storage
tanks and/or other Water Department equipment, resources or facilities.
Moved that One Hundred Eleven Thousand Three Hundred Forty Five ($111,345.00) Dollars be transferred from Article 3 of the December 6, 1999 Special Town Meeting; and that Eighty Two
Thousand Eight Hundred Sixty Two ($82,862.00) Dollars be transferred from Article 22 of the October 23, 2000 Special Town Meeting, and that Nine Hundred Thousand ($900,000.00) Dollars
be hereby appropriated, for a total sum of One Million Ninety Four Thousand Two Hundred Seven ($1,094,207.00) Dollars for the Water Commission to complete various water system improvement
projects, including, but not limited to, improvements to the Lily Pond Treatment Plant, cleaning and lining water pipes, capital maintenance, and other improvements to wells, storage
tanks and the water distribution system; and that, to fund the Nine Hundred Thousand ($900,000.00) appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby
authorized to borrow Six Hundred Fifty Thousand ($650,000.00) Dollars, under and pursuant to Chapter 44, Section 8 of the Massachusetts General Laws, as amended, and any other enabling
authority, and to issue bonds and notes of the Town, therefore, such borrowing to be general obligations of the Town with the intent that such bonds shall be repaid from Water Department
Revenues; and furthermore that the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Two Hundred Fifty Thousand ($250,000.00) Dollars, under and
pursuant to Chapter 44, Section 6A of the Massachusetts General Laws, and any other applicable enabling authority, for engineering, construction and other costs related to the relocation
of the Sohier Street Wells provided that said funds are eligible for reimbursement by the Massachusetts Bay Transportation Authority.
A 2/3 vote required.
Motion adopted by the required 2/3’s.
ARTICLE 10:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the
Town Manager, for the purpose of retaining architects, engineers or other professional services to develop construction drawings and bid documents to construct a new Police Station,
and to return to the 2002 Annual Town Meeting, or other subsequent Town Meeting, for the actual construction funds, and, further, to study the needs, including renovation and/or relocation
of the Fire Station.
Moved that Two Hundred Forty Thousand ($240,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, for the purpose of retaining architects, engineers or other professional
services to develop construction drawings and bid documents to construct a new Police Station, and to return to the 2002 Annual Town Meeting, or other subsequent Town Meeting, for the
actual construction funds, and, further, to study the needs, including renovation and/or relocation of the Fire Station, and, that to fund this appropriation, the Treasurer, with the
approval of the Board of Selectmen, is hereby authorized to borrow Two Hundred Forty Thousand ($240,000.00) Dollars, 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.
A 2/3 vote required.
Hand count taken – Yes – 171; No 171.
Motion defeated.
ARTICLE 11:
To see if the Town will vote to amend Article 19, as passed at the 2000 Annual Town Meeting, by deleting condition number one, and, further, to raise and appropriate, transfer from available
funds, and/or borrow, pursuant to any applicable statute, an additional sum or sums of money, to be expended by the Town Manager, to increase the appropriation, to design, construct,
convert, and equip, as a new home for Cohasset’s Public Library, the former Joseph Osgood Elementary School, located at 35 Ripley Road.
Moved that Article 19, as passed at the 2000 Annual Town Meeting, be hereby amended by deleting condition number one, and, further, by increasing the amount appropriated, and authorized
to be borrowed by One Million ($1,000,000.00) Dollars from Two Million Nine Hundred Thousand ($2,900,000.00) Dollars to Three Million Nine Hundred ($3,900,000.00) Dollars, to be expended
by the Town Manager, to design, construct, convert, and equip, as a new home for Cohasset’s Public Library, the former Joseph Osgood Elementary School, located at 35 Ripley Road.
A 2/3 vote required.
Motion adopted by the required 2/3’s .
ARTICLE 14:
To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 64G, Section 3A, imposing a local room occupancy excise tax and that the rate be set at four
(4) percent.
Moved that the provisions of Massachusetts General Laws, Chapter 64G, Section 3A, imposing a local room occupancy excise tax be hereby accepted for the Town of Cohasset and that the
rate be set at four (4) percent.
Motion defeated.
ARTICLE 15:
To see if the Town will vote to approve a plan for improvements to the Downtown Village Area as proposed by the Village Revitalization Task Force, in conjunction with the Cohasset Revitalization
Corporation, more or less as shown on plans on file in the Office of the Town Clerk.
Moved that a plan for improvements to the Downtown Village Area as proposed by the Village Revitalization Task Force, in conjunction with the Cohasset Revitalization Corporation, more
or less as shown on plans on file in the Office of the Town Clerk, be hereby approved in concept.
Motion adopted.
ARTICLE 17:
To see if the Town will vote to amend Section 11 of the Zoning Bylaws as follows:
to Amend Section 11.1 by inserting the word “ledge” in the first line after the word “soil” and before the word “loam”; and, further, by adding the following new section 11.3:
11.3 Special Provision Regulating Ledge
a. Purpose. The purpose of this Section 11.3 is to protect and preserve natural ledge, which is of natural scenic beauty and is one of the unique defining natural characteristics of
the Town.
Notwithstanding the provisions of Section 11.1 and 11.2 immediately above, no ledge which has a height of eight (8) feet or more at any point above ground level on a lot may be destroyed,
removed or altered in any manner.
Moved that this article be indefinitely postponed.
Hand count taken – Yes – 104; No – 80.
Motion indefinitely postponed.
ARTICLE 20:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the
Town Manager, for the purpose of constructing a sidewalk on Forest Avenue, and all related costs, both incidental and related thereto, including drainage.
Moved that One Hundred Thousand ($100,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, for the purpose of constructing a sidewalk on Forest Avenue, and all
related costs, both incidental and related thereto, including drainage, and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen is hereby authorized
to borrow One Hundred Thousand ($100,000.00) Dollars, 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.
A 2/3’s vote required.
Motion adopted by the necessary 2/3’s.
ARTICLE 21:
To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the
Town Manager, for consultant services and all related costs, to assist in the completion of the Master Plan and the development of specific master plan elements.
Moved that Sixty Thousand ($60,000.00) Dollars be appropriated from taxation and other general revenues of the Town, to be expended by the Town Manager, for consultant services and all
related costs, to assist in the completion of the Master Plan and the development of specific master plan elements.
Motion adopted.
ARTICLE 22:
To see if the Town will vote to amend Section 12 of the Zoning Bylaws of the Town of Cohasset be hereby amended by adding a new Section 12.7, as follows: 12.7. Interim Growth Rate.
(1) Intent and purpose.
This Section 12.7 is adopted pursuant to Article 89 of the Massachusetts Constitution and pursuant to Chapter 40A of the Massachusetts General Laws, for the following purposes:
(a) to ensure that residential growth occurs in an orderly manner, consistent with recent average growth rates, so that the local economy can be insulated from large year-to-year variations
in the development rate;
(b) to ensure that the Town can continue to provide adequate municipal services and ministerial support to new residential development, and to allow for orderly planning for infrastructure
and other community investment, while at the same time allowing for reasonable residential growth;
(c) to provide the Town with reasonable time to study the effect of residential growth on the municipality's infrastructure, character, municipal services and fragile natural environment
and to guard against short-term patterns that may be inconsistent with or impede effective implementation of the Town's anticipated new Master Plan;
(d) to preserve and enhance the unique and perishable qualities of the Town, including the historic community character and the natural environment.
(2) Applicability, effect and definitions.
(a) For the purposes of computing the annual number of building permits for new dwellings in calendar year 2002, the effective date of this amendment shall be January 1, 2002, but no
building permit for a new dwelling unit or units shall be issued after the date of adoption unless in accordance with the requirements of this Section 12.7, or unless exempted by Section
12.7(4) herein;
(b) This Section 12.7 will remain in effect until expressly amended or repealed by action of Town Meeting, or until December 31, 2003, whichever occurs first; and
(c) For the purposes of this Section 12.7, the following terms shall have the following meaning:
[1] "Interim growth rate limit" shall mean the maximum number of building permits for new dwellings or dwelling units that may be authorized in a one-year period, which period shall
be based on the calendar year, and which shall be 20 permits in 2002, and 20 permits in 2003; provided that, such applications are made to the Building Inspector; and provided that,
said applications for building permits comply with all applicable requirements of law; and
[2] "Development" shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this Section 12.7, for which
one or more building permits will be sought.
(3) Interim Growth Rates.
(a) Whenever the number of building permits issued for new dwellings or dwelling units equals the applicable interim growth rate limit, thereafter the Building Inspector shall not issue
building permits for any additional dwellings or dwelling units unless such dwellings or dwelling units are exempt from the provisions of this Section 12.7 pursuant to Section 12.7 (4)
below;
(b) Proposed dwellings or dwelling units for which building permits are issued, but subsequently abandoned under the provisions of the State Building Code, shall not be counted in computing
the applicable interim growth rate limit; and
(c) The Building Inspector shall not authorize more than one dwelling to be constructed on a lot at a time; and a building permit for a new dwelling which is a second dwelling on a lot
shall not be issued prior to the issuance of a certificate of occupancy for the first dwelling. This restriction shall not prohibit the issuance of a building permit for multiple dwelling
units within a building such as a duplex; nor shall it apply to the construction of dwellings on a lot which, together, have a total ground cover of less than 3000 SF.
(4) Exemptions.
(a) Building permits for dwellings and dwelling units to be constructed within any subdivision approved under the Subdivision Control Law, General Laws, c. 41, Section 81K, et seq.,
during the exemption period provided in General Laws, Chapter 40A, Section 6 are specifically exempt from the interim growth rate provisions of this Section 12.7;
(b) The provisions of this Section 12.7 shall not apply to any application for a building permit for the enlargement, restoration or reconstruction of a dwelling in existence as of the
effective date of this Section 12.7, provided that no additional residential dwelling unit is created; and
(c) The provisions of this Subsection 12.7 shall not apply to dwelling units constructed or sponsored by the Cohasset Housing Authority, or a nonprofit entity, or the Town of Cohasset,
to be maintained as affordable housing, or housing exclusively for elderly or disabled residents.
(5) Procedures.
The Building Inspector shall utilize the following procedures for issuing building permits for nonexempt permits under the interim growth rate limit:
(a) Building permits for dwelling units exempt under the provisions of Section 12.7 (4) shall be issued in accordance with the time periods set forth in the State Building Code, provided
that they otherwise comply with all applicable requirements of law;
(b) One-twelfth (1/12) of the number of applications for nonexempt building permits authorized annually by Section 12.7(2)(c)[1] shall be issued in equal amounts on or about the first
day of each month. Such nonexempt building permits shall be issued in the order applications are received, based upon the date and time that the applications are received, starting with
the earliest application received.
(6) Zoning change protection.
Any protection against zoning changes provided by General Laws, c. 40A, Section 6, shall be extended to the earliest date on which the final unit in the development could be authorized
under this Section 12.7.
(8) Severability.
The provisions of this Section 12.7 are hereby declared severable and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or
constitutionality of any of the remaining provisions of this by-law.
Moved that this article be indefinitely postponed.
Motion adopted.
ARTICLE 25:
To see if the Town will vote to abate all sewer fees and sewer assessments for the Cohasset Historical Society Museums; the Wilson House and the Maritime Museum.
CITIZENS’ PETITION
NAME ADDRESS NAME ADDRESS
John P. Reardon, Jr. 78 Elm Street Mildred L. Naun 184 Atlantic Avenue
George Roukounakis 99 Doane Street Sarah Murphy 90 Old Pasture Road
Judith E. Fitzsimmons 116 Doane Street Edvia M. Yocum 25 Pleasant Street
Martha E. Hurtig 58 Gammons Road Carol Barrett 156 Linden Road
Mary S. Edmonds 76 Pond Street Jean C. Bailey 308 King Street
Moved that sewer fees and sewer assessments for the Cohasset Historical Society Museums; the Wilson House and the Maritime Museum be suspended in accordance with a certain covenant
dated October, 2001.
Amendment offered by Sean Cunning.
To see if the Town will vote to suspend all sewer fees and sewer assessments for the Cohasset Historical Society Museums; the Wilson and the Maritime Museum; based on entering into a
restrictive deed covenant satisfactory to the Sewer Commission and the Historical Society.
Motion to amend is adopted. Main motion as amended adopted unanimously.
It was moved and seconded that this Special Town Meeting be dissolved at 11:37 p.m.
Motion adopted unanimously.
A True Record, ATTEST:
Marion L. Douglas
Town Clerk
18