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HomeMy WebLinkAboutMinutes - TM - 03/25/2000INDEX --- MARCH 25, 2000 ANNUAL TOWN MEETING ARTICLE # DESCRIPTION OF ARTICLE 1 Reports of Town Officers. Adopted. 2 Reports of Committees. Adopted unanimously. 3 Operating budget. Adopted unanimously. 4 Unpaid bills. Adopted unanimously. 5 Departmental transfers. Adopted. 6 Assessors’ exemptions. Adopted. 7 Financial aid donations. Adopted. 8 Aid to elderly. Adopted. 9 Police/Fire Station Feasibility. Adopted. 10 School Technology Plan. Adopted. 11 Pay as you throw program. Adopted. 12 Zoning amendment. Ruled out of order. 13 School renovation projects. Adopted. 14 School maintenance. Defeated. 15 Town Maintenance Committee. Withdrawn. 16 New zoning district. Adopted 17 Water capital budget. Adopted unanimously. 18 Water Special Act. Adopted unanimously 19 Library Renovation. Adopted. 20 Harbor improvements. Adopted unanimously. 21 Director of Finance Position. Adopted. 22 Town Manager’s Act Amendment. Adopted unanimously. 23 Conservation bylaw amendment. Adopted. 24 Fire Alarm Regulations bylaw. Adopted unanimously. 25 Hours of delivery bylaw. Adopted unanimously. 26 Harbor Speed limit bylaw. Adopted unanimously. Teen Smoking bylaw. Defeated. Zoning & Board of Health site assignment. Adopted unanimously. Site assignment public process law. Adopted. Override election – special act. Defeated. Remedial septic replacement bylaw. Adopted unanimously. South Shore Recycling agreement. Adopted unanimously. Mandatory recycling bylaw. Adopted. Revolving Fund Board of Health. Adopted. Municipal Charges Lien wastewater plan. Adopted unanimously. Little Harbor Sewer Study. Adopted unanimously. Betterment Interest Rate – Sewer projects. Adopted unanimously. Reduce Sewer Infiltration/Inflow. Adopted unanimously. Wastewater special revenue fund. Adopted unanimously. Mendel Road sewer connection. Adopted. First Parish – waive building. fee. Adopted. Annual Town Meeting -- March 25, 2000 At the Annual Town Meeting held on Saturday, March 25, 2000 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, 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 10:10 a.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled 543. The Rev. Clifford Cutler 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 the March 25, 2000, 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 is adopted. A hold was placed on each article by Arne Gjesteby. Article 1: To act upon the reports of the various Town Officers as printed in the Annual Town Report for 1999. Moved to postpone this article to an adjourned session of this meeting. Motion adopted. 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. 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. SEE APPENDICES A & B Moved that Twenty Two Million One Hundred Ninety Eight Thousand Seven Hundred Five ($22,198,705.00) Dollars be appropriated for the Fiscal Year 2001 Annual Town Budget to be allotted as follows: Fifty Six Thousand Seven Hundred Eighty ($56,780.00) Dollars for salaries of elected Town Officials consisting of the Town Clerk, $47,250.00; 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 Two Million One Hundred Forty One Thousand Nine Hundred Twenty Five ($22,141,925.00) Dollars for Personal Services, Expenses and Capital Outlays, Interest on Maturing Debt and other charges for the various departments as recommended for purposes shown in Appendix A and Appendix B of the Warrant for the 2000 Annual Town Meeting, a copy of which Appendices are incorporated here by reference, and to meet the appropriation, the following transfers are made: $1,728,287.00 from Water Revenue $ 60,000.00 from Pension Reserve and the remaining balance of $20,410,418.00 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. Motion adopted unanimously. Article 4: 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 FY 2000, to pay for unpaid bills from previous fiscal years. VENDOR AMOUNT REQUESTED MAPC $3,000.00 Boston Gas $4,932.00 TOTAL $7,932.00 Moved that Seven Thousand Nine Hundred Thirty Two ($7,932.00) Dollars be transferred from Surplus Revenue, to be expended by the Town Manager in FY 2000, to pay for the following unpaid bills from previous fiscal years: MAPC $3,000.00 Boston Gas $4,932.00 TOTAL $7,932.00 A 4/5 vote required. Motion adopted unanimously Article 5: To see if the Town will vote to raise and appropriate, 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, 2000. AMOUNT TO BE DEPARTMENT BUDGET TRANSFERRED PURPOSE School Department Budget $ 73,000.00 Special Education Deficit Police Department Salaries $ 60,000.00 Unexpected Overtime Due to Injury Legal Expense Budget $ 40,000.00 CHL Litigation Town Account Expenses $ 5,000.00 Computer Upgrade TOTAL $178,000.00 Moved that One Hundred Seventy Eight Thousand ($178,000.00) Dollars, to be expended by the Town Manager, needed by various departmental budgets and appropriations to complete the fiscal year ending June 30, 2000, be transferred as follows: Transfer Funds From: Surplus Revenue $120,000.00 Workers’ Compensation Insurance $ 23,000.00 Short Term Interest $ 30,000.00 Article 9, 5/27/99 ATM $ 5,000.00 Total $178,000.00 Transfer Funds To: Police Department Personal Services $ 60,000.00 Legal Budget - General Expenses $ 40,000.00 Town Accountant Expenses $ 5,000.00 School - Special Education Expenses $ 73,000.00 Total $178,000.00 Motion adopted. Article 6: 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 that the Town 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. Motion adopted. Article 7: To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 60, Section 3C, for the purpose of implementing both a Town Scholarship and Local Education Fund, a summary of which is set forth below: c 60, Section 3C Financial Aid Donation Accompanying Municipal or Motor Vehicles Excise Tax Payments; Disposition; Scholarship Committee; Financial Aid Criteria. “Any city or town which accepts the provisions of this section or has previously accepted chapter one hundred and ninety-four may designate a place on its municipal tax bills, or the motor vehicle excise tax bills, or to mail with such tax bills a separate form, where by the taxpayers of said city or town can voluntarily check off, donate and pledge an amount not less than one dollar or such other designated amount which shall increase the amount otherwise due, and to establish a city or town scholarship fund, the purpose of which shall be to provide educational financial aid to deserving city and town residents in accordance with this section and to establish a city or town educational fund, the purpose of which shall be to provide supplemental educational funding for local educational needs to provide funding for existing adult literacy programs. “Any amounts donated to the scholarship fund or educational fund shall be deposited into a special account in the general treasury and shall be in the custody of the treasurer. The treasurer shall invest said funds at the direction of the officer, board, commission, committee or other agency of the city or town who or which is otherwise authorized and required to invest trust funds of the city or town and subject to the same limitations applicable to trust fund investments, except as otherwise specified herein. Interest earned upon such fund shall remain therewith and shall be used for the purpose of said fund without further appropriation. “In any city or town establishing a scholarship fund, there shall be a scholarship committee and education fund committee to consist of the superintendent of the city or town schools or designee thereof, and not fewer than four residents of the city or town appointed by the Board of Selectmen to a term of three years. The scholarship committee or educational fund committee shall select the recipients of any amounts of financial aid from the scholarship and educational fund and shall be guided by any criteria established by the scholarship committee or educational fund committee subject to any ordinance or bylaw further subject to the following criteria: “(a) The recipients of financial aid must be residents of the city or town at the time the financial aid is first awarded and have been accepted to pursue education beyond the secondary school level at an institution deemed accredited by the committee. “(b) The committee shall take into consideration each recipient’s financial need, character, scholastic record and involvement in community work as well as extracurricular school activities. “The scholarship committee may distribute financial aid from both interest and principal of the fund, without further appropriation. The scholarship committee shall establish a procedure for determining at least on an annual basis the amounts or percentage of the funds that shall be authorized for distribution and for notifying the investing officer or agency so that the funds may be made available in a timely manner and with a minimum of penalties. Moved that the Town accept the provisions of Massachusetts General Laws, Chapter 60, Section 3C, for the purpose of implementing both a Town Scholarship and Local Education Fund. Motion adopted. Article 8: To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 60, Section 3D, for the purpose of establishing a Town Aid to the elderly and Disabled Taxation Fund a summary of which is set forth below: c. 60 Section 3D Aid to the Elderly and Disabled Taxation Fund; Establishment of Fund by City or Town; Taxation Aid Committee. A city or town which accepts the provisions of this section is hereby authorized, subject to the approval of the commissioner, to design and designate a place on its municipal tax bills, or the motor vehicle excise tax bills, or to mail with such tax bills a separate form, whereby the taxpayers of said city or town may voluntarily check off, donate and pledge an amount not less than one dollar or such other designated amounts which shall increase the amount otherwise due, and to establish a city or town aid to the elderly and disabled taxation fund for the purpose of defraying the real estate taxes of elderly and disabled person of low income. Any amounts donated to said fund shall be deposited into a special account in the general treasury and shall be in the custody of the treasurer. The treasurer shall invest said funds at the direction of the officer, board, commission, committee or other agency of the city or town who or which is otherwise authorized and required to invest trust funds of the city or town and subject to the same limitations applicable to trust fund investments, except as otherwise specified herein. The fund, together with the interest earned thereon shall be used for the purpose specified in this section without further appropriation. In any city or town establishing an aid to the elderly and disabled taxation fund, there shall be a taxation aid committee to consist of the chairman of the Board of Assessors, the city or town treasurer and three residents of the city or town to be appointed by the mayor or Board of Selectmen as the case may be. Said board shall adopt rules and regulations to carry out the provisions of this section and to identify the recipients of such aid. Moved that the Town accept the provisions of Massachusetts General Laws, Chapter 60, Section 3D, for the purpose of establishing a Town Aid to the elderly and Disabled Taxation Fund. Motion adopted. Article 9: 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 an architect, an engineer, or other professional services to study the feasibility to relocate and/or make various repairs and improvements to the Police and Fire Station located on Elm Street. This article is intended to take effect upon passage in Fiscal Year 2000. Moved that Fifteen Thousand ($15,000.00) Dollars be transferred from Surplus Revenue, to be expended by the Town Manager, for the purpose of retaining an architect, an engineer, or other professional services to study the feasibility to relocate and/or make various repairs and improvements to the Police and Fire Station located on Elm Street. This article is intended to take effect upon passage in Fiscal Year 2000. Motion adopted. 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 School Committee, to purchase and/or lease purchase on a multi-year basis, computer hardware, software and related equipment to fund Phase III of the Technology Plan of the Cohasset Public Schools. This article is intended to take effect upon passage in Fiscal Year 2000. Moved that One Hundred Fifty Thousand ($150,000.00) Dollars be hereby appropriated, to be expended by the School Committee, to purchase and/or lease purchase on a multi-year basis, computer hardware, software and related equipment to fund Phase III of the Technology Plan of the Cohasset Public Schools; 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 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 2000. A 2/3 vote required. Motion adopted by the necessary 2/3’s. Article 11: To see if the Town will vote to authorize the Board of Selectmen to adopt rules and regulations instituting a “Pay-As-You-Throw” program at the Recycling Transfer Facility. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Leonora Jenkins 198 Jerusalem Road Joseph D. Buckley 28 Linden Drive Mary S. Edmonds 76 Pond Street Deidre K. Wilson 140 Beach Street Mark Bell 460 King Street Susan Canton 392 Beechwood Street Marsh L Silvia 445 Beechwood Street John P. Steel 216 South Main Street Tanna B. Kasperowicz 172 South Main Street Leland H. Jenkins 198 Jerusalem Road Moved that the Town authorize the Board of Selectmen to adopt rules and regulations instituting a “Pay-As-You-Throw” program at the Recycling Transfer Facility. Motion adopted. Resolution offered by Stephen Bobo, Chairman of the Board of Health. WHEREAS, Alix P. White, having served the town on the Board of Health for six turbulent years, and WHEREAS, she did so with perspicacity, good humor, informed discretion and not a little forbearance, and WHEREAS, she has become a source of inspiration and challenge to all of us. NOW THEREFORE, be it resolved that we in the Town of Cohasset who have benefited from her diligence and hard work, this twenty fifth day of March, two thousand, do hereby salute and thank Alix P. White for her devoted service o the town. Resolution adopted unanimously. Article 12: 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 and 1985 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. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Barbara L. O’Pray 172 Beach Street James W. Lagrotteria 104 Howe Road Michael J. Hurley 136 Border Street Robert P. Spofford 14 Heather Drive Charles J. Humphrey 24 Atlantic Avenue Glenn Pratt 482 King Street Peter J. Wood 77 Summer Street Austin L. Ahearn 41 Clay Spring Road Leland Jenkins 198 Jerusalem Road Matthew S. Conlan 380 CJC Highway Moderator ruled this article out of order. 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 School Committee and the Town Manager, 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, and to authorize the School Facilities Committee to serve as the Building Committee for this project; provided, however, that no money shall be borrowed under this vote unless the Town shall have voted at a regular or special election to exempt the amounts required to pay for the bonds issued for this project from the limitations of proposition two and one-half, so called. This article is intended to take effect upon passage in Fiscal Year 2000. Moved that Forty One Million Eight Hundred Thousand ($41,800,000.00) Dollars be hereby appropriated, with the intention that these funds be available in Fiscal Year 2000 and thereafter, to be expended jointly by the School Committee and the Town Manager, 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, and to authorize the School Facilities Committee to serve as the Building Committee for this project; and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Forty One Million Eight Hundred Thousand ($41,800,000.00) 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, provided, however, that no money shall be borrowed under this vote unless the Town shall have voted at a regular or special election to exempt the amounts required to pay for the bonds issued for this project from the limitations of proposition two and one-half, so called. A 2/3 vote required. Motion adopted by the necessary 2/3’s. Article 14: 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 begin the first phase of the maintenance of the Deer Hill and Middle/High School Buildings as outlined in the “Town of Cohasset – Capital Asset Assessment” conducted by KFP Architects, Inc. – July, 1998; provided, however, that no money shall be appropriated under this vote unless the Town shall have voted at a regular or special election to exempt this amount by means of a capital exclusion from the limitations of proposition two and one-half, so called. Moved that Eight Hundred Thousand ($800,000.00) Dollars be raised and appropriated from the tax levy and other general revenues of the Town, to be expended by the Town Manager, to begin the first phase of the maintenance of the Deer Hill and Middle/High School Buildings as outlined in the “Town of Cohasset - Capital Asset Assessment” conducted by KFP Architects, Inc. - July, 1998; provided, however, that no money shall be appropriated under this vote unless the Town shall have voted at a regular or special election to exempt this amount by means of a capital exclusion from the limitations of proposition two and one-half, so called. Motion defeated. Article 15: To see if the Town will vote to amend Article V – “Appointed Standing Town Boards and Committees” of the General Bylaws by adding a new Section 21 entitled “Town Maintenance Committee as follows: The Town Maintenance Committee shall consist of five (5) members appointed for three (3) year terms. One (1) member shall be appointed by the Moderator and two (2) members appointed by each the Board of Selectmen and the School Committee; provided, however, with respect to initial appointees, the initial appointment by the Moderator shall be for a one (1) year term, the initial appointments made by the Board of Selectmen shall be for two (2) year terms and the initial appointments made by the School Committee shall be for three (3) year terms. At least two of those members shall have a degree in engineering or architecture. The Board of Selectmen and the School Committee may designate one of their members to serve as one of their appointees to the committee. The Town Maintenance Committee shall determine on at least an annual basis that proper yearly maintenance is being performed. It also shall determine the capital maintenance projects to be embarked upon for the following year and shall have a report at the Annual town Meeting and Annual Report their recommendations and requests for funds to complete the necessary work. The Town Manager or his delegate shall act as secretary to this committee and provide the necessary administrative duties to implement the work. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Leland H. Jenkins 198 Jerusalem Road Richard Silvia 445 Beechwood Street Alfred Odermatt 2 Norman Todd Ln. Victor Vanderlugt 344 King Street Susan Canton 392 Beechwood Street Deidre K. Wilson 140 Beach Street Rustam K. Devitre 430 Atlantic Avenue Arne K. Gjesteby 81 Old Pasture road Raymond Kasperowicz 172 South Main Street Lenora Jenkins 198 Jerusalem Road Moved that this article be withdrawn from consideration. Motion adopted unanimously. Article 16: To see if the Town will vote to create a new Zoning District to be known as the “Technology Business District: and in furtherance of that purpose amend the Zoning Bylaws as follows: (a) By striking therefrom Subsection 3.1 of Section 3 and submitting in place thereof the following new subsection 3.1: 3.1. Division into Districts The Town of Cohasset, Massachusetts, is divided into Nine (9) Zoning Districts designated as follows: Name Abbreviation Residential A, B, and C R-A, R-B, R-C Waterfront Business WB Downtown/Village Business DB Highway Business HB Technology Business TB Light Industry LI Official and Open Space OS (b) By amending the TABLE OF USE REGULATIONS contained in subsection 4.2 of Section 4 by adding the following new Use with corresponding designations: Official & Open Space Residential Non-Residential District USE R-A R-B R-C DB WB HB TB LI OS Retail & Service Facility for assembling No No No No No No Yes Yes No electrical or electronic devices, appliances, apparatus and supplies, including computers. (c) By amending the TABLE OF USE REGULATIONS contained in subsection 4.2 of Section 4 by adding the following new designations as follows: USE TB Residential Detached one-family dwelling No The conversion and/or use of a No one-family dwelling existing on 1/5/55 as a dwelling for not more than two families subject to Table 5.3.1 (Table of Area Regulations.) The conversion and/or use of a No one-family dwelling existing on 1/5/55 as a dwelling for more than two families subject to Table 5.3.1. Dwellings for more than one family No including those in combination with stores or other permitted uses subject to Table 5.3.1 and 7.1. Accessory residential building Yes such as tool shed, boathouse, shelter or stable for domestic animals, private greenhouse, guest house, swimming pool, or private detached garage for up to four vehicles, including one commercial vehicle, or open air parking for only one commercial vehicle. Home Occupation (See section 4.3.5). Yes Wall, fence, hedge, or similar Yes enclosure. Storage of lobstering or fishing Yes equipment or of any boat within or outside a building. Community Facilities Church, rectory, parish house, Yes convent, or other religious use. Nonprofit educational use either Yes public, private, or religious. Street, bridge, tunnel. Yes USE TB Community Facilities Golf Course, fishing, reservations, Yes or wildlife preserve. Cemetery. SP Historical Association or Society SP Hospital or sanitarium SP Sanitary landfill and other solid No waste facilities Administrative, cultural, recreational, Yes water supply, fire, police, or other protective use operated by the town or other governmental agency. Agricultural Agriculture, horticulture, and floriculture, Yes not including a greenhouse or stand for retail sale. Stand for retail sale of agriculture or Yes farm produce raised primarily on the premises, or articles of home manufacture from such produce, and ancillary products to the greenhouse business, such as peat or insecticide. Noncommercial forestry, growing Yes of crops and other vegetation, and conservation of water plants and wildlife in natural habitat. Raising or keeping of farm animals, Yes livestock, or poultry for use by residents of the premises subject to board of health’s regulations and provided that no noise or odor is observable at the lot lines. Raising of livestock, horses, poultry, SP and grazing animals for commercial use. USE TB Agricultural Commercial stables, kennels, or SP veterinary hospital in which all animals, fowl, or other forms of life are in completely enclosed buildings at least two hundred feet from any lot line. Retail sale of holiday trees, wreaths, Yes swags, and similar natural decorations for a period commencing on the fourth Friday in November of any year subject to complete removal not later than December 31 of such year. Retail & Service Stores for the sale of goods at retail, Yes including dry goods, food, apparel and accessories, furniture and home furnishings smallwares, and hardware. Restaurants (other than fast food restaurants) serving foods or beverages from within the premises. - with mechanical or live entertainment. SP - no mechanical or live entertainment. SP Fast-Food Restaurant. SP Establishments selling new and/or SP used automobiles and trucks, new automobile tires and other accessories, farm equipment, aircraft, motorcycles, and household trailers. Hotels and motels. SP Trailer camp. No Lodging house for not more than No five persons other than members of the family. Funeral home or mortuary SP establishment. Retail sale of marina petroleum Yes products, fishing and boating gear, apparel, boats and boat trailers and supplies. USE TB Retail & Service Showroom for building supplies. Yes Convalescent and nursing home. Yes Medical and dental offices not Yes attached to the doctors’ or dentists’ residences. Membership club or nonprofit SP organization. Auto service stations and automotive SP repair garages (not including junkyards). Automotive graveyard or other junkyard. No Miscellaneous trade and repair service. Yes Indoor motion picture amusement and SP recreation establishment. Outdoor motion picture establishment. No Helicopter landing area and SP commercial communication towers. Private boat docks. No Boat yards, repair and open-air sale Yes and storage of boats, boat livery or marina. Commercial parking lot. Yes Appliance and furniture repair service. Yes Commercial or membership sports and Yes recreational facilities. Miscellaneous business offices Yes including insurance and real estate. Personal service establishments Yes including beauty salon, barbershop, tailor, etc. Other similar retail and service uses. SP Bank with accessory drive-in windows. Yes USE TB Retail & Service Customary accessory uses. Yes Facility for assembling electrical Yes or electronic devices, appliances, apparatus and supplies, including computers. Wholesale and Manufacturing Plant for dry-cleaning, cold storage SP or freezing, power laundry. Mining or quarrying No Storage yard, warehouse or Yes distribution plant for: construction supplies and equipment, firewood, building material, textiles, food products, household supplies, and any products of manufacturing activities permitted in this district (whether or not produced on the premises.) Above ground storage of gas and SP petroleum products. Printing establishment. Yes Publishing establishment No Plant for manufacturing electrical or No electronic devices, appliances, apparatus and supplies. Manufacturing plant for medical, dental No or drafting instruments, optical goods, watches or other precision instruments. Manufacturing of advertising displays, No awnings, shades, bakery products, nonalcoholic beverages, brushes, candy, clothing or other textile products, jewelry, ice, leather goods, toys, or wood products. Beverage bottling or food packaging No plant but not including meat and fish products. USE TB Wholesale and Manufacturing Light metal fabrication or refinishing No plant. Research, experimental, or testing Yes laboratory. Wholesaling and manufacturing other No durable and non durable goods. Customary accessory uses incidental Yes to a permitted main use. All Uses With the exception of trailers being SP used in connection with an active construction project, temporary structures including trailers for storage or materials or equipment. Temporary (less than 30 days) SP amusement enterprise not including any permanent structures. (d) By amending the TABLE OF AREA REGULATIONS contained in subsection 5.3.1 of Section 5 by adding the following new designation as follows: MINIMUM REQUIRED LOTS Uses as Permitted Area Frontage Width District Table 4 2) (Sq. Ft) (Ft) (Ft) TB Any permitted structure 80,000 200 200 or principal use MINIMUM YARDS MAXIMUM PERMITTED Rear Coverage Front Side Depth Height Coverage Structural (Ft) (Ft) (Ft) (Ft) (%) (%) 50 30 30 45 60 25 (e) By striking Subsection 8 of Section 5.4 and inserting in place thereof the following: “Within the highway business, technology business, and light industry districts, along any street frontage a green strip not less than twenty feet shall be maintained and landscaped with grass, trees, and/or shrubs, not paved except driveways, not parked upon, and not built upon except for signs.” (f) By striking Subsection 9 of Section 5.4 and inserting in place thereof the following: “Within the highway business, technology business, and light industry districts, no building or structure shall be built within one hundred feet of a residence district except where the zoning district boundary is in a street, in which case the setback shall be fifty feet.” (g) By striking Subsection 10 of Section 5.4 and inserting in place thereof the following: “Within the highway business, technology business, and light industry district, there shall be maintained a green strip not less than thirty feet wide on which to grow grass, bushes, flowers, or trees and which shall be unbuilt upon, unused, unpaved, and not parked upon any property line abutting land residentially zoned.”, and (h) By rezoning a certain district as shown on the Zoning Map identified as “Zoning District Map of the Town of Cohasset, Massachusetts, October 1, 1976 as revised to 1985” prepared by Edwin Young R.L.S., R.P.E. (hereinafter called the “Map”) so that the Light Industry District located west of Chief Justice Cushing Way and north of Lily Pond, as shown on the area colored crosshatched on the Map, and identified “PL”, and more particularly shown on a copy of the Map on file with the Town Clerk and showing the aforesaid area outline in red and identified as “NEW TECHNOLOGY BUSINESS DISTRICT”, be rezoned as a Technology Business (“TB”) district; that the Town reprint the zoning map so said area shall be colored in orange and identified with the letters “TB”; and that the Town include on the face of said map the outline of the boundaries of the overlay zoning district known as the Water Resource District provided by Section 14 of the Zoning Bylaws established pursuant to Article 39 adopted at the April 7, 1986 Annual Town Meeting. CITIZEN’S PETITION NAME ADDRESS NAME ADDRESS John K. McNabb 53 Pond Street Peter J. Pratt 75 Ripley Road Mary O. Kelly 247 Fairoaks Lane Margaret Chapman 25 Virginia Lane Michael F. McNabb 662 Jerusalem Road Keith Moskow 98 Gammons Road Bruce F. McKinnon 70 Fairoaks Lane Martha K. Gjesteby 81 Old Pasture Road James L. Kinch 77 Forest Ave. Kevin F. O’Donnell 248 King Street Moved to create a new Zoning District to be known as the “Technology Business District” and in furtherance of that purpose amend the Zoning Bylaws as follows: (a) By striking therefrom Subsection 3.1 of Section 3 and submitting in place thereof the following new subsection 3.1: 3.1. Division into Districts The Town of Cohasset, Massachusetts, is divided into Nine (9) Zoning Districts designated as follows: Name Abbreviation Residential A, B, and C R-A, R-B, R-C Waterfront Business WB Downtown/Village Business DB Highway Business HB Technology Business TB Light Industry LI Official and Open Space OS (b) By amending the TABLE OF USE REGULATIONS contained in subsection 4.2 of Section 4 by adding the following new Use with corresponding designations: Official & Open Space Residential Non-Residential District USE R-A R-B R-C DB WB HB TB LI OS Retail & Service Facility for assembling No No No No No No Yes Yes No electrical or electronic devices, appliances, apparatus and supplies, including computers. (c) By amending the TABLE OF USE REGULATIONS contained in subsection 4.2 of Section 4 by adding the following new designations as follows: USE TB Residential Detached one-family dwelling No The conversion and/or use of a No one-family dwelling existing on 1/5/55 as a dwelling for not more than two families subject to Table 5.3.1 (Table of Area Regulations.) The conversion and/or use of a No one-family dwelling existing on 1/5/55 as a dwelling for more than two families subject to Table 5.3.1. Dwellings for more than one family No including those in combination with stores or other permitted uses subject to Table 5.3.1 and 7.1. Accessory residential building Yes such as tool shed, boathouse, shelter or stable for domestic animals, private greenhouse, guest house, swimming pool, or private detached garage for up to four vehicles, including one commercial vehicle, or open air parking for only one commercial vehicle. Home Occupation (See section 4.3.5). Yes Wall, fence, hedge, or similar Yes enclosure. Storage of lobstering or fishing Yes equipment or of any boat within or outside a building. Community Facilities Church, rectory, parish house, Yes convent, or other religious use. Nonprofit educational use either Yes public, private, or religious. Street, bridge, tunnel. Yes USE TB Community Facilities Golf Course, fishing, reservations, Yes or wildlife preserve. Cemetery. SP Historical Association or Society SP Hospital or sanitarium SP Sanitary landfill and other solid No waste facilities Administrative, cultural, recreational, Yes water supply, fire, police, or other protective use operated by the town or other governmental agency. Agricultural Agriculture, horticulture, and floriculture, Yes not including a greenhouse or stand for retail sale. Stand for retail sale of agriculture or Yes farm produce raised primarily on the premises, or articles of home manufacture from such produce, and ancillary products to the greenhouse business, such as peat or insecticide. Noncommercial forestry, growing Yes of crops and other vegetation, and conservation of water plants and wildlife in natural habitat. Raising or keeping of farm animals, Yes livestock, or poultry for use by residents of the premises subject to board of health’s regulations and provided that no noise or odor is observable at the lot lines. Raising of livestock, horses, poultry, SP and grazing animals for commercial use. USE TB Agricultural Commercial stables, kennels, or SP veterinary hospital in which all animals, fowl, or other forms of life are in completely enclosed buildings at least two hundred feet from any lot line. Retail sale of holiday trees, wreaths, Yes swags, and similar natural decorations for a period commencing on the fourth Friday in November of any year subject to complete removal not later than December 31 of such year. Retail & Service Stores for the sale of goods at retail, Yes including dry goods, food, apparel and accessories, furniture and home furnishings smallwares, and hardware. Restaurants (other than fast food restaurants) serving foods or beverages from within the premises. - with mechanical or live entertainment. SP - no mechanical or live entertainment. SP Fast-Food Restaurant. SP Establishments selling new and/or SP used automobiles and trucks, new automobile tires and other accessories, farm equipment, aircraft, motorcycles, and household trailers. Hotels and motels. SP Trailer camp. No Lodging house for not more than No five persons other than members of the family. Funeral home or mortuary SP establishment. Retail sale of marina petroleum Yes products, fishing and boating gear, apparel, boats and boat trailers and supplies. USE TB Retail & Service Showroom for building supplies. Yes Convalescent and nursing home. Yes Medical and dental offices not Yes attached to the doctors’ or dentists’ residences. Membership club or nonprofit SP organization. Auto service stations and automotive SP repair garages (not including junkyards). Automotive graveyard or other junkyard. No Miscellaneous trade and repair service. Yes Indoor motion picture amusement and SP recreation establishment. Outdoor motion picture establishment. No Helicopter landing area and SP commercial communication towers. Private boat docks. No Boat yards, repair and open-air sale Yes and storage of boats, boat livery or marina. Commercial parking lot. Yes Appliance and furniture repair service. Yes Commercial or membership sports and Yes recreational facilities. Miscellaneous business offices Yes including insurance and real estate. Personal service establishments Yes including beauty salon, barbershop, tailor, etc. Other similar retail and service uses. SP Bank with accessory drive-in windows. Yes USE TB Retail & Service Customary accessory uses. Yes Facility for assembling electrical Yes or electronic devices, appliances, apparatus and supplies, including computers. Wholesale and Manufacturing Plant for dry-cleaning, cold storage SP or freezing, power laundry. Mining or quarrying No Storage yard, warehouse or Yes distribution plant for: construction supplies and equipment, firewood, building material, textiles, food products, household supplies, and any products of manufacturing activities permitted in this district (whether or not produced on the premises.) Above ground storage of gas and SP petroleum products. Printing establishment. Yes Publishing establishment No Plant for manufacturing electrical or No electronic devices, appliances, apparatus and supplies. Manufacturing plant for medical, dental No or drafting instruments, optical goods, watches or other precision instruments. Manufacturing of advertising displays, No awnings, shades, bakery products, nonalcoholic beverages, brushes, candy, clothing or other textile products, jewelry, ice, leather goods, toys, or wood products. Beverage bottling or food packaging No plant but not including meat and fish products. USE TB Wholesale and Manufacturing Light metal fabrication or refinishing No plant. Research, experimental, or testing Yes laboratory. Wholesaling and manufacturing other No durable and non durable goods. Customary accessory uses incidental Yes to a permitted main use. All Uses With the exception of trailers being SP used in connection with an active construction project, temporary structures including trailers for storage or materials or equipment. Temporary (less than 30 days) SP amusement enterprise not including any permanent structures. (d) By amending the TABLE OF AREA REGULATIONS contained in subsection 5.3.1 of Section 5 by adding the following new designation as follows: MINIMUM REQUIRED LOTS Uses as Permitted Area Frontage Width District Table 4 2) (Sq. Ft) (Ft) (Ft) TB Any permitted structure 80,000 200 200 or principal use MINIMUM YARDS MAXIMUM PERMITTED Rear Coverage Front Side Depth Height Coverage Structural (Ft) (Ft) (Ft) (Ft) (%) (%) 50 30 30 45 60 25 (e) By striking Subsection 8 of Section 5.4 and inserting in place thereof the following: “Within the highway business, technology business, and light industry districts, along any street frontage a green strip not less than twenty feet shall be maintained and landscaped with grass, trees, and/or shrubs, not paved except driveways, not parked upon, and not built upon except for signs.” (f) By striking Subsection 9 of Section 5.4 and inserting in place thereof the following: “Within the highway business, technology business, and light industry districts, no building or structure shall be built within one hundred feet of a residence district except where the zoning district boundary is in a street, in which case the setback shall be fifty feet.” (g) By striking Subsection 10 of Section 5.4 and inserting in place thereof the following: “Within the highway business, technology business, and light industry district, there shall be maintained a green strip not less than thirty feet wide on which to grow grass, bushes, flowers, or trees and which shall be unbuilt upon, unused, unpaved, and not parked upon any property line abutting land residentially zoned.”, and (h) By rezoning a certain district as shown on the Zoning Map identified as “Zoning District Map of the Town of Cohasset, Massachusetts, October 1, 1976 as revised to 1985” prepared by Edwin Young R.L.S., R.P.E. (hereinafter called the “Map”) so that the Light Industry District located west of Chief Justice Cushing Way and north of Lily Pond, as shown on the area colored crosshatched on the Map, and identified “PL”, and more particularly shown on a copy of the Map on file with the Town Clerk and showing the aforesaid area outline in red and identified as “NEW TECHNOLOGY BUSINESS DISTRICT”, be rezoned as a Technology Business (“TB”) district; that the Town reprint the zoning map so said area shall be colored in orange and identified with the letters “TB”; and that the Town include on the face of said map the outline of the boundaries of the overlay zoning district known as the Water Resource District provided by Section 14 of the Zoning Bylaws established pursuant to Article 39 adopted at the April 7, 1986 Annual Town Meeting. A 2/3 vote required. Hand count taken; Yes 151; No 68. Motion adopted. Proclamation offered by Merle Brown, Chairman of the Board of Selectmen. WHEREAS, DIANE C. SULLIVAN has served the Town as a member of the Drainage Advisory Committee, Sewer Commission, the Police/Fire Station Renovation Study Committee, and as Tri-Town Commission delegate, during the period of 1984 to 1987; and as a member of the Board of Selectmen for the periods of 1985 to 1987 and 1997 to 2000; and WHEREAS, she has at all times shown courage and spirit in taking a firm stand on the many issues that have been presented for deliberation, articulating her views strongly and without prevarication; and WHEREAS, she had indicated great determination in her approach to matters affecting the elderly and those members of the community she has seen to be threatened by rising costs and inequitable burdens; NOW, THEREFORE, BE IT RESOLVED, that we, her fellow members of the Board of Selectmen of the Town of Cohasset, acknowledge her admirable perspicacity in those matters with which she has expressed continuing concern. GIVEN under our hands and the seal of the Town of Cohasset this twenty-fifth day of March, in the year Two Thousand. Proclamation adopted unanimously. Article 17: To see if the Town will vote to raise and appropriate, and/or transfer from available funds, and/or borrow pursuant to any applicable statute for the Water Commission to: (a) repair, rehabilitate, clean and line, and install or replace water mains and pipes, and make other capital improvements to the water distribution system; (b) make capital improvements to the Lily Pond Water Treatment Plant, including the repair, replacement, and upgrade of the facilities and removal of accumulated sludge; (c) conduct water quality monitoring, establish monitoring wells, perform studies and take other actions including the acquisition of land by gift, purchase, or eminent domain for the purpose of protection of the sources of public water supply; (d) restore the Sohier Street Wellfield and the Elms Meadow Wellfield to active service; and (e) perform other capital improvements to Water Department Facilities. This article is intended to take effect upon passage in Fiscal Year 2000. Moved that One Million Six Hundred Thousand ($1,600,000.00) Dollars be hereby appropriated, with the intention that these funds be available in Fiscal Year 2000 and thereafter, for the Water Commission to engage engineering and/or other professional services, and to install and replace water pipes along portions of King Street and Black Horse Lane, rehabilitate the Elms Meadow and Sohier Street wellfields, make repairs and upgrade facilities of the Lily Pond Water Treatment Plant, including replacement of flocculator units, and for the engineering and construction of the new water storage tank on Scituate Hill and the inspection, painting, and repair of the Bear Hill Water Storage Tank; and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow One Million Six Hundred Thousand ($1,600,000.00) 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. A 2/3 vote required. Motion adopted unanimously. Article 18: To see if the Town will 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 in form only: An Act Relative to the Protection of the Water Supply of the Town of Cohasset Section 1, Chapter 1163 of the Acts of 1973 is hereby amended by inserting the following new section: Section 2A. The Town of Cohasset, acting through its Board of Water Commissioners, is hereby authorized to acquire by purchase, eminent domain, or otherwise, and land, easements of other interests therein located outside of the Town of Cohasset which it determines necessary for protection of the quality of the water in the Aaron River Reservoir, Lily Pond, and the other sources of public drinking water supply for the Cohasset Water Department and the quality of the watershed areas thereof; provided that the acquisition of said land is approved by the Department of Environmental Protection, an further, provided that any eminent domain is approved by the Mayor or Board of Selectmen, as the case may be, where the land is located. Section 2, This act shall take effect upon passage. Moved 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 in form only: An Act Relative to the Protection of the Water Supply of the Town of Cohasset Section 1. Chapter 1163 of the Acts of 1973 is hereby amended by inserting the following new section: “Section 2A. The Town of Cohasset, acting through its Board of Water Commissioners, is hereby authorized to acquire by purchase, eminent domain, or otherwise, any land, easements or other interests therein located outside of the Town of Cohasset which it determines necessary for protection of the quality of the water in the Aaron River Reservoir, Lily Pond, and the other sources of public drinking water supply for the Cohasset Water Department and the quality of the watershed areas thereof; provided that the acquisition of said land is approved by the Department of Environmental Protection, and, further, provided that any eminent domain is approved by the Mayor or Board of Selectmen, as the case may be, where the land is located .” Section 2. This act shall take effect upon passage.; Motion adopted unanimously. Resolution offered by William Good, member of the Planning Board. WHEREAS, John F. O’Toole having served the town on the Planning Board for twenty-two years; and WHEREAS, he did so with good humor, logic and reason with a great sense of style, and WHEREAS, he has become a source of inspiration and respect for all of us. NOW THEREFORE, be it resolved that we in the Town of Cohasset who have benefited from his diligence and hard work, this twenty-fifth day of March, two thousand, do hereby salute and thank John F. O’Toole for his devoted service to the town. Thank you John. Resolution adopted unanimously. 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, 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, this vote being conditioned upon the Town’s receipt of federal, state and private funds, and, further, to transfer from the jurisdiction of the Board of Library Trustees to the Board of Selectmen for the Board of Selectmen to convey, sell, or otherwise dispose of, on such terms as the Board of Selectmen deems appropriate, the land and building located at 106 South Main Street as shown on Assessors’ Map 32, Plot 38, and known as the Paul Pratt Memorial Library, such transfer and authorization to sell being effective upon the vacating of the building by the Library Trustees, said proceeds to be used to provide a source of funds towards the appropriation, transfer and/or borrowings voted in this article for the new Library facility. Moved that Two Million Nine Hundred Thousand ($2,900,000.00) Dollars be hereby appropriated, 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, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Two Million Nine Hundred Thousand ($2,900,000.00) 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, provided, however, that no money shall be borrowed under this vote unless the following conditions are met: 1. That the Town of Cohasset’s application for a “MBLC Library Construction Grant” in the amount of One Million Four Hundred Fifty Thousand ($1,450,000.00) Dollars be approved and awarded; 2. That the Trustees of the Paul Pratt Memorial Library will have raised, through the Cohasset Library Building Fund, Inc., a sum of at least Seven Hundred Thousand ($700,000.00) Dollars, including (a) cash in hand, (b) pledges, satisfactory to the Town Manager, payable by calendar year 2002, and (c) deferred monetary gifts benefiting the Cohasset Building Fund, Inc. in a form satisfactory to the Town Manager. and, further, to transfer from the jurisdiction of the Board of Library Trustees to the Board of Selectmen for the Board of Selectmen to convey, sell, or otherwise dispose of, on such terms as the Board of Selectmen deems appropriate, the land and building located at 106 South Main Street as shown on Assessors’ Map 32, Plot 38, and known as the Paul Pratt Memorial Library, such transfer and authorization to sell being effective upon the vacating of the building by the Library Trustees, said proceeds to be used to provide a source of funds towards the appropriation voted in this article for the new Library facility. Amendment offered by James Lagrotteria. Moved to amend the main motion by deleting in entirety paragraph 2 the words “said proceeds to be used to provide a source of funds towards the appropriation voted in this article for the new library facility.” Motion to amend is defeated. A 2/3 vote required. Main motion is adopted by the necessary 2/3’s. Paul Barry asked to reconsider Article. 16. Moderator ruled that the article could not be considered as he was not on the prevailing side of the question. It was moved to advance Article 40. Motion adopted Article 40: To see if the Town will vote to amend Article 20 of the December 6, 1999 Special Town Meeting, by eliminating the language and requirements of subparagraph (d) of that article and replacing it with the following language: “(d) such properties of Old Farm Hill Condominium shall be connected to the sewer mains at such time that the Central Cohasset Sewer District comes on line and prior to the connection of any vacant lots. The purpose and intent of this language is to direct that the Old Farm Hill Condominium be connected to the Central Sewer District at the time that connections are available for other properties in the Central District, without requiring or awaiting a determination of actual flow into the system;” and that the Town vote to further amend Article 20 by striking the phrase “Mendel Road” from subparagraph (e) thereof and replacing it with “Olde Farm Hill Condominium,” and further vote to approve the taking of lands or easements, by eminent domain or other legal process, for the purpose of connecting the properties of Olde Farm Hill Condominium to the Central Cohasset Sewer District and maintaining said connections, the expense of such takings to be the responsibility of the unit owners of Olde Farm Hill Condominium; and pursuant thereto, that the Town vote to further amend Article 20 by adding the following new paragraph: in the event that the residents of Mendel Road are unable to secure access or easement rights as described in subparagraph (e) within a time frame or upon such terms which are satisfactory to the unit owners of Olde Farm Hill Condominium, then forthwith upon written request filed with the Town Clerk, and with due diligence, the Town shall take such lands or easements as are necessary and appropriate to accomplish the connection of the properties of Olde Farm Hill Condominium to the Central Cohasset Sewer District, the expense of such takings to be the responsibility of the unit owners of Olde Farm Hill Condominium. Upon completion of such takings the vote of Article 20 shall be effective as if such access rights were secured by the residents of Olde Farm Hill Condominium in accordance with the language of subparagraph (e). CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Michael S. Kent 3 Mendel Road Elizabeth Brennan 2 Mendel Road Susan Kent 3 Mendel Road Melissa Brennan 2 Mendel Road Colin Regan 277 Fairoaks Lane Tomica Bukowski 4 Mendel Road Mark Bumham 2 Mendel Road Kirk Bukowski 4 Mendel Road Leslie Ann Goines 5 Mendel Road Stacey Weaver 44 Nichols Road MOVED: Motion A: Moved that Article 20 of the December 6, 1999 Special Town Meeting, be amended by eliminating the language and requirements of subparagraph (d) of that article and replacing it with the following language: “(d) It is requested that the Sewer Commission connect such current condominium properties of Olde Farm Hill Condominium at such time that the Central Cohasset Sewer District comes on line and prior to the connection of any vacant lots.;” and further amend said Article 20 by striking the phrase “Mendel Road” from subparagraph (e) thereof and replacing it with “Olde Farm Hill Condominium”. Motion B: Moved to authorize the Board of Selectmen to acquire by purchase gift or eminent domain such lands or easements for the purpose of connecting the properties of Olde Farm Hill Condominium to the Central Cohasset Sewer District and maintaining said connections, the expense of such takings to be the responsibility of the unit owners of Olde Farm Hill Condominium; and pursuant thereto, and to amend Article 20 of the December 6, 1999 Special Town Meeting by adding the following new paragraph: “(f) in the event that the residents of Olde Farm Hill Condominium are unable to secure access or easement rights as described in subparagraph (e) within a time frame or upon such terms which are satisfactory to the unit owners of Olde Farm Hill Condominium, then the Board of Selectmen is authorized to acquire by purchase gift or eminent domain such lands or easements as are necessary and appropriate to accomplish the connection of the properties of Olde Farm Hill Condominium to the Central Cohasset Sewer District, the expense of such takings to be the responsibility of the unit owners of Olde Farm Hill Condominium. If the Board of Selectmen completes such takings the vote of Article 20 shall be effective as if such access rights were secured by the residents of Olde Farm Hill Condominium in accordance with the language of subparagraph (e).” Motion A adopted. Motion B a 2/3’s vote required. Motion B adopted by the necessary 2/3’s. At 5:40 p.m. on motion made and seconded, the Moderator adjourned the meeting to Monday, March 27, 2000 at 7 p.m. at the Cohasset High School Sullivan Gymnasium. MONDAY EVENING MARCH 27, 2000 Monday night checkers previously appointed by the Town Clerk reported to work at 6:30 p.m. Tellers were appointed by the Moderator. The Moderator called the meeting to order at 7:25 p.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled 155. 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 providing the Town’s share of the cost of improvements to Cohasset Harbor, said funds only to be expended on successful award of a grant by the Department of Environmental Management. Moved that One Hundred Nine Thousand Five Hundred ($109,500.00) Dollars be hereby appropriated, to be expended by the Town Manager, for the purpose of providing the Town’s fifty (50%) percent share of the cost of improvements to Cohasset Harbor, said funds only to be expended on successful award of a matching grant by the Department of Environmental Management, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow One Hundred Nine Thousand Five Hundred ($109,500.00) 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. A 2/3 vote required. Motion adopted unanimously by the necessary 2/3’s. Article 21: To see if the Town will vote to create the position of Director of Finance/Town Accountant, to be appointed by the Town Manager, in accordance with Section 6(i) of Chapter 34 of the Acts of 1997 and, further, to have the Offices of Treasurer/Collector and Deputy Assessor report to the Director of Finance/Town Accountant, by adopting the following bylaw: by inserting a new Section 21 in Article IV, “Appointed Town Offices”, entitled “Director of Finance/Town Accountant” as follows: Section 21 – DIRECTOR OF FINANCE/TOWN ACCOUNTANT The Director of Finance/Town Accountant shall be appointed by the Town Manager for a three (3) year term and shall be a person who is specially qualified by training or experience to perform the duties of the position. The Director of Finance/Town Accountant shall submit financial reports as may be required to the Board of Selectmen and the Town Manager in a form approved by the Board of Selectmen. The following departments shall report to the Director of Finance/Town Accountant: Treasurer/Collector and Deputy Assessor. Except for the reporting requirements, there shall be no other changes in the offices of the Treasurer/Collector or Deputy Assessor. Moved to create the position of Director of Finance/Town Accountant, to be appointed by the Town Manager, in accordance with Section 6(i) of Chapter 34 of the Acts of 1997 and, further, to have the Offices of Treasurer/Collector and Deputy Assessor report to the Director of Finance/Town Accountant, by adopting the following bylaw: by inserting a new Section 21 in Article IV, “Appointed Town Officers”, entitled “Director of Finance/Town Accountant” as follows: Section 21 – DIRECTOR OF FINANCE/TOWN ACCOUNTANT (a) The Director of Finance/Town Accountant shall be appointed by the Town Manager for a three (3) year term and shall be a person who is specially qualified by training or experience to perform the duties of the position. The Director of Finance/Town Accountant shall submit financial reports as may be required to the Board of Selectmen and the Town Manager in a form approved by the Board of Selectmen. The following departments shall report to the Director of Finance/Town Accountant: Treasurer/Collector and Deputy Assessor. Except for the reporting requirements, there shall be no other changes in the offices of the Treasurer/Collector or Deputy Assessor. Motion adopted. Article 22: To see if the Town will vote to request its representatives in the General Court to introduce legislation to amend the Cohasset Town Manager Act (Chapter 34 of the Acts of 1997), as follows: An Act further amending the Town Manager Act of Town of Cohasset Section 1. Section 4(C)(iii) of chapter thirty-four of the acts and resolves of nineteen hundred and ninety-seven is hereby amended by deleting the second paragraph of Section 4(C)(iii) in its entirety and inserting in its place the following new paragraph: “Department Heads not protected by civil service law or union contract shall have the right to appeal the town manager’s decision to discharge to the board of selectmen. Said appeal shall be initiated by filing a written notice of appeal with the town manager within ten calendar days after receiving notice of such discharge. Said appeal shall be conducted pursuant to the personnel bylaw. Section 2. This Act shall take effect upon passage. Moved to request the Town’s representatives in the General Court introduce legislation to amend the Cohasset Town Manager Act (Chapter 34 of the Acts of 1997), as follows: An Act further amending the Town Manager Act of the Town of Cohasset Section 1. Section 4(C)(iii) of chapter thirty-four of the acts and resolves of nineteen hundred and ninety-seven is hereby amended by deleting the second paragraph of Section 4(C)(iii) in its entirety and inserting in its place the following new paragraph: “A Department Head not protected by civil service law or union contract shall have the right to appeal the town manager’s decision to discharge to the board of selectmen. Said appeal shall be initiated by filing a written notice of appeal with the town manager within ten calendar days after receiving notice of such discharge. Said appeal shall be conducted pursuant to the Town of Cohasset’s personnel by-law.” Section 2. This Act shall take effect upon passage. Motion adopted unanimously. Article 23: To see if the Town will vote to amend Article XIV of the General Bylaws, “Wetlands Protection”, Section 2, by adding the following new paragraphs as follows: within twenty-five (25) feet of any isolated land subject to flooding and any isolated vegetated wetland. within twenty-five (25) feet of a vernal pool,’ And further, to amend Article XIV of the General Bylaws, “Wetlands Protection”, Section 8, adding after the word “assigns” in the first sentence, the following new sentences: “A Vernal Pool shall include any temporary ponding area that holds water for two (2) consecutive months between December 31st and June 30th in a given year, and that meets the criteria for state certification, whether or not it is so certified. The Vernal Pool should be capable of providing habitat for obligate and facultative wetlands wildlife species. Isolated Land Subject to Flooding, includes any ponding area within a depression that provides a temporary storage area of standing water, with no minimum size criteria. Isolated Vegetated Wetland includes any vegetated wetland area containing greater than fifty (50%) percent wetland vegetation, hydric soils, and seasonal high groundwater conditions. Isolated Vegetated Wetland do not have to border a waterbody or flowing stream. Riverfront Area is that area of land within two hundred (200’) feet of a perennial river, with the two hundred (200’) feet Riverfront Zone being measured from the annual mean high water line of the subject perennial river. The two hundred (200’) feet Riverfront Zone shall include a one hundred (100’) feet Inner Zone and a one hundred (100’) feet Outer Zone.” Moved to amend Article XIV of the General Bylaws, “Wetlands Protection”, Section 2, by adding the following new paragraphs as follows: (e) within twenty-five (25) feet of any isolated land subject to flooding and any isolated vegetated wetland. (f) within twenty-five (25) feet of a vernal pool.; and, further, to amend Article XIV of the General Bylaws, “Wetlands Protection”, Section 8, adding after the word “assigns” in the first sentence, the following new sentences: “A Vernal Pool shall include any temporary ponding area that holds water for two (2) consecutive months between December 31st and June 30th in a given year, and that meets the criteria for state certification, whether or not it is so certified. The Vernal Pool should be capable of providing habitat for obligate and facultative wetland wildlife species. Isolated Land Subject to Flooding includes any ponding area within a depression that provides a temporary storage area of standing water, with no minimum size criteria. Isolated Vegetated Wetland includes any vegetated wetland area containing greater than fifty (50%) percent wetland vegetation, hydric soils, and seasonal high groundwater conditions. Isolated Vegetated Wetland do not have to border a waterbody or flowing stream. Riverfront Area is that area of land within two hundred (200’) feet of a perennial river, with the two hundred (200’) feet Riverfront Zone being measured from the annual mean high water line of the subject perennial river. The two hundred (200’) feet Riverfront Zone shall include a one hundred (100’) feet Inner Zone and a one hundred (100’) feet Outer Zone.” Motion adopted. Article 24: To see if the Town will vote to accept the following general bylaw entitled “Fire Alarm System Regulations” as Section 27A of Article VII of the General Bylaws of the Town and to rename the existing Section 27 as “Burglar Alarm System Regulations”: FIRE ALARM SYSTEM REGULATIONS §1. Definitions. For the purpose of this section, the following terms, phrases, words and their definitions shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words in the singular include the plural number. The word “shall” is always mandatory and not merely directory. ALARM SYSTEM. The term “Alarm System” means either a “Fire Alarm System” or “Other Alarm System” as described below: FIRE ALARM SYSTEM. The term “Fire Alarm System” means an assembly of equipment and devices or a single device such as a single station unit which plugs directly into an electrical connection, or a device which has its own battery power, arranged to signal the presence of Fire, Heat, Smoke or other hazard requiring urgent attention and to which the Fire Department is expected to respond. Burglar alarm systems and alarm systems which monitor movement, vibration or unauthorized intrusion into a premises are specifically excluded from the provisions of this section. (ii) Failure to establish and maintain an emergency list of at least two (2) persons or employees suitable for notification shall constitute a violation punishable by a fine of fifty ($50.00) dollars. (iii) Failure to comply with the penalties established in this section may result in a written order from the Chief of the Fire Department causing all connections to the user’s Alarm System to be removed from the Cohasset Fire Department. Moved to accept the following general bylaw entitled “Fire Alarm System Regulations” as Section 27A of Article VII of the General Bylaws of the Town and to rename the existing Section 27 as “Burglar Alarm System Regulations”: FIRE ALARM SYSTEM REGULATIONS §1. Definitions. For the purpose of this section, the following terms, phrases, words and their definitions shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words in the singular include the plural number. The word “shall” is always mandatory and not merely directory. (i) ALARM SYSTEM. The term “Alarm System” means either a “Fire Alarm System” or “Other Alarm System” as described below: (a) FIRE ALARM SYSTEM. The term “Fire Alarm System” means an assembly of equipment and devices or a single device such as a single station unit which plugs directly into an electrical connection, or a device which has its own battery power, arranged to signal the presence of Fire, Heat, Smoke or other hazard requiring urgent attention and to which the Fire Department is expected to respond. Burglar alarm systems and alarm systems which monitor movement, vibration or unauthorized intrusion into a premises are specifically excluded from the provisions of this section. (b) OTHER ALARM SYSTEMS. The term “Other Alarm System” means an assembly of equipment and devices or a single device such as a single station unit which plugs directly into an electrical connection, or a device arranged to signal the presence of a hazard or hazardous situation requiring urgent attention and to which the Fire Department is expected to respond. Other alarm systems may include, but are not restricted to, a system which is designed to detect the presence of a hazardous, flammable, explosive, toxic, corrosive or otherwise harmful gas, liquid or solid. Burglar alarm systems and alarm systems which monitor movement, vibration or unauthorized intrusion into a premises are specifically excluded from the provisions of this section. (ii) FALSE ALARM. The term “False Alarm” means: (a) The activation of an alarm system through mechanical failure, malfunction, improper installation, or negligence of the user of an alarm system or his employees or agents. (b) Any signal or oral communication transmitted to the Fire Department requesting or requiring or resulting in a response on the part of the Fire Department when in fact there has been no activation due to the presence of Fire, Heat, Smoke, or other hazardous condition. (c) For the purpose of either (a) or (b) above, activation of alarm systems due to an act of God, including, but not limited to, power outages, hurricanes, tornadoes, earthquakes, and similar weather or atmospheric disturbances shall not be deemed to be false alarms. §2. CONTROL AND CURTAILMENT OF SIGNAL EMITTED BY FIRE OR HAZARD ALARM SYSTEMS. (i) Every alarm user shall submit to the Chief of the Fire Department the names and telephone numbers of at least two (2) other persons who are authorized to respond to an emergency signal transmitted by an alarm system and who can open the premises wherein the Alarm System is installed. It shall be incumbent upon the owner of said premises to immediately notify the Cohasset Fire Department of any changes in the list of authorized persons or employees so named in the alarm listing. (ii) In order to protect against the situation where an alarm user or his designee is unable to respond to open the premises for investigation and abate the signal or noise emitted by the alarm system, the Cohasset Fire Department shall be issued a key and detailed instructions in order to enter and reset or discontinue the audible or visual alarm(s). The owner or his designee shall be responsible for providing security, if necessary, in the event that the Alarm System cannot be properly reset and placed back in service. (iii) No Alarm System which is designed to transmit emergency messages or signals of fire or other hazards to the Cohasset Fire Department shall be tested or taken out of service for maintenance, alteration, or repair unless the Fire/Police Dispatcher has been notified. Unauthorized tests or activations due to failure of the owner or his agents to comply with the specifications of this section shall constitute a False Alarm. §3. Penalties. (i) The user shall be assessed two hundred fifty ($250.00) dollars as a False Alarm Service Fee for each False Alarm in excess of three (3) occurring within a calendar year. The Chief of the Fire Department shall notify the alarm user by certified mail of such violation and said user shall submit payment within thirty (30) days of said notice to the Cohasset Fire Department for deposit into the General Fund. Failure to establish and maintain an emergency list of at least two (2) persons or employees suitable for notification shall constitute a violation punishable by a fine of fifty ($50.00) dollars. Failure to comply with the penalties established in this section may result in a written order from the Chief of the Fire Department causing all connection to the user’s Alarm System to be removed from the Cohasset Fire Department. Motion adopted unanimously. Article 25: To see if the Town will vote to amend Article VII of the General Bylaws, “Safety and Public Order”, Section 30, by striking the following words from the first sentence of subparagraph (c) “engaged in the retail sale of food:, so as to read: No store or place of business shall accept delivery of any item for sale between the hours of 11:00 p.m. and 7:00 a.m. and by adding a new subparagraph (d) as follows: (d) No person shall operate heavy construction equipment between the hours of 11:00 pm. and 7:00 a.m. This provision shall not apply to the operation of snow removal by the Town or private contractor or to the operation of equipment by the Town, any utility company or private contractor operating for the protection of the public health or the public safety or the operation of trash removal vehicles pursuant to Chapter 11, Section 31A of the General Laws in business commercial and industrial zones Moved to amend Article VII of the General Bylaws, “Safety and Public Order”, Section 30, 1. by striking the following words from the first sentence of subparagraph (c): “engaged in the retail sale of food”, so as to read: (c) No store or place of business shall accept delivery of any item for sale between the hours of 11:00 p.m. and 7:00 a.m.; and 2. by adding a new subparagraph (d) as follows: No person shall operate heavy construction equipment between the hours of 11:00 p.m. and 7:00 a.m. This provision shall not apply to the operation of snow removal by the Town or private contractor or to the operation of equipment by the Town, any utility company or private contractor operating for the protection of the public health or the public safety or the operation of trash removal vehicles pursuant to Chapter 11, Section 31A of the General Laws, in business, commercial and industrial zones. Motion adopted unanimously. Proclamation offered by Roseanne McMorris, Member of the Board of Selectmen WHEREAS, JOSEPH D. BUCKLEY has served the interests of the Town of Cohasset in many exemplary voluntary capacities: with the local Boy Scouts, the Little League, the Advisory Committee, as a driver of the Shuttle Bus for the elderly, as a SHINE volunteer, and on the Board of Directors of the Council on Aging, giving unstintingly of his time and expertise in assisting both young and old; and WHEREAS, despite a serious debilitating accident in 1993 resulting in the loss of a leg, he made a remarkable recovery and resumed his voluntary activities with great spirit and renewed vigor; and WHEREAS, he was recognized as “Citizen of the Year” in 1995 for his many outstanding achievements; and WHEREAS, he further served the Town of Cohasset as Treasurer-Collector from 1996 to 1999, during which time the Town’s municipal credit rating was remarkably improved; and WHEREAS, his magnanimous personality and unassuming helpfulness has endeared him to all those with whom he has been associated over the many years of his active service; NOW, THEREFORE, BE IT RESOLVED, that we, the Board of Selectmen of the Town of Cohasset, acknowledge with great admiration and appreciation his many valuable contributions to the welfare of his fellow townspeople. GIVEN under our hands and the seal of the TOWN OF COHASSET this twenty-eight day of March, in the year Two Thousand. Proclamation adopted unanimously. Article 26: To see if the Town will vote to amend Article IX, :Harbor:, Section 1(b) of the General Bylaws of the Town of Cohasset, to include the words “but shall specifically include all waters within the Town of Cohasset lying west and south of the Border Street Bridge known as “the Gulf”, so that the entire section 1(b) of Article IX would read as follows: “Cohasset Harbor consists of the body of water lying inside a straight line projected across the channel from White Head Dolphin at Long’s Point to White Rock and shall not include the channel extending seaward beyond that point, but shall specifically include all waters within the Town of Cohasset lying west and south of the Border Street Bridge known as the Gulf.” Moved to amend Article IX, “Harbor”, Section 1(b) of the General Bylaws of the Town of Cohasset, to include the words “but shall specifically include all waters within the Town of Cohasset lying west and south of the Border Street Bridge known as ‘the Gulf’”, so that the entire section 1(b) of Article IX would read as follows: “Cohasset Harbor consists of the body of water lying inside a straight line projected across the channel from White Head Dolphin at Long’s Point to White Rock and shall not include the channel extending seaward beyond that point, but shall specifically include all waters within the Town of Cohasset lying west and south of the Border Street Bridge known as ‘the Gulf’.” Motion adopted unanimously. Article 27: To see if the Town will vote to amend Article VII – “Public Safety and Order” of the General Bylaws by adding a new Section 37 entitled “Underage Purchase of Tobacco Products” as follows: Any person under the age stipulated in Massachusetts General Laws, Chapter 270, Section 6 who buys or uses a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms shall be punished by a fine of $50 for the first offense, a fine of $100 for the second offense, and a fine of $200 for any third or subsequent offense. The parent or guardian of the person violating section (a) is liable for the payment of the fine. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Alexander Koines 380 Atlantic Ave. Rustam K. Devitre 430 Atlantic Avenue Mary S. Edmonds 76 Pond Street Tanna B. Kasperowicz 172 South Main Street Bruce Edmonds 76 Pond Street Joseph D. Buckley 28 Linden Drive Mark Bell 460 King Street Catherine Davis 52 Linden Drive Thomas L. Gruber 8 Pratt Court Alfred G. Odermatt 2 Norman Todd Lane Moved to amend Article VII - “Public Safety and Order” of the General Bylaws by adding a new Section 38 entitled “Underage Purchase of Tobacco Products” as follows: “Section 38 Underage Purchase of Tobacco Products (a) Any person under the age stipulated in Massachusetts General Laws, Chapter 270, Section 6 who buys or uses a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms shall be punished by a fine of $50 for the first offense, a fine of $100 for the second offense, and a fine of $200 for any third or subsequent offenses. (b) The parent or guardian of the person violating section (a) is liable for the payment of the fine.” Amendment offered by Alex Koines. Any person under the age stipulated in Massachusetts General Laws, Chapter 270, Section 6 who buys a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms shall be punished by a fine of $50 for the first offense, a fine of $100 for the second offense, and a fine of $200 for any third or subsequent offenses. Amendment adopted. Hand count; Yes 64; No 69. Main motion as amended is defeated. Resolutions offered by Mark DeGiacomo, Chairman of the School Committee. WHEREAS, Kathy Ofsthun is completing her three year term as an elected member of the Cohasset School Committee; and WHEREAS, in addition to her time on the School Committee, Kathy has served in several volunteer capacities in Town including as past President of the Cohasset PSO and as a Little League Coach; and WHEREAS, during her tenure on the Cohasset School Committee, Kathy has often served as a lightening rod for the Committee, a role she gladly took on with style and grace; and WHEREAS, Kathy has never wavered in her thoughtful support of the schools and the children of Cohasset; and WHEREAS, Kathy’s thoughtful, reasoned approach to all issues that came before her as well as her quick wit will be sorely missed by all who have had the pleasure to work with her. NOW THEREFORE, be it resolved by this Annual Town Meeting on behalf of all the citizen’s of the Town of Cohasset that we communicate our sincere gratitude and appreciation for the efforts of Kathy Ofsthun. Resolution adopted unanimously. WHEREAS, Betsy Connolly is completing the term to which she was elected as a member of the Cohasset School Committee; and WHEREAS, last year Betsy Connolly stepped forward to run for School Committee when a former member of the School Committee resigned before the expiration of his term; and WHEREAS, Betsy has brought boundless enthusiasm and energy to her job as a School Committee Member, the most recent example being the fact that she hosted over thirty coffees during the last several weeks to ensure everyone was educated concerning the School Construction Project; and WHEREAS, Betsy has also made a substantial contribution to the Committee as a result of her the substantial knowledge she has gained as a career educator; and WHEREAS, Betsy promises to come back after her son graduates from high school. NOW THEREFORE, be it resolved by this Annual Town Meeting on behalf of all the citizen’s of the Town of Cohasset that we communicate our sincere gratitude and appreciation for the efforts of Betsy Connolly. Resolution adopted unanimously. Article 28: 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.”; in its entirety, and inserting in place thereof, the following new 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 further, to amend Section 6 of Article III, Board of Health, of the General Bylaws, by inserting the following new subsection: (h) The Board of Health shall not grant a site assignment for a proposed solid waste facility or any portion thereof located within the Water Resource District, where solid waste facilities are a prohibited use. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS John K. McNabb, Jr. 53 Pond Street Michael F. McNabb 662 Jerusalem Road Bruce F. McKinnon 70 Fairoaks Lane Keith Moskow 98 Gammons Road James L. Kinch 77 Forest Avenue Martha K. Gjesteby 81 Old Pasture Road Peter J. Pratt 75 Ripley Road Constance Afshar 141 South Main Street Margaret Chapman 25 Virginia Lane Kevin F. O’Donnell 248 King Street 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.” ; in its entirety, and inserting in place thereof, the following new 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, further, to amend Section 6 of Article III, Board of Health, of the General Bylaws, by inserting the following new subsection: (h) The Board of Health shall not grant a site assignment for a proposed solid waste facility or any portion thereof located within the Water Resources District, where solid waste facilities are a prohibited use. A 2/3 vote required. Motion adopted unanimously. Article 29: 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 36 SOLID WASTE FACILITY PUBLIC PROCESS BYLAW (a) Preamble. This Section establishes public participation requirements for the Board of Health while considering applications for site assignment for a new solid waste facility, and for the regulation of a facility which has already received a site assignment. (b) Purpose. The purpose of this Section is to protect the rights of the people of Cohasset to clean air and water guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution, and to protect their right to petition government guaranteed by the Massachusetts Constitution, Article 19 of the Declaration of Rights, and by the First Amendment to the United States Constitution. (c) Authority. This Section is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, independent of the provisions of Section 150A of Chapter 111 of the General Laws and regulations promulgated thereto. (d) Proposed Facilities Site Assignment Hearings - Public Process. Site Assignment Hearings for proposed solid waste facilities, as defined by Section 150A of Chapter 111, are public hearings which should provide the maximum possible opportunity for public participation. In addition to the procedures required by state law and regulations: (1) At least twenty-one (21) days prior to commencement of the public hearing, the Board of Health shall require the applicant to place a large 4 foot by 8 foot sign at the proposed site, on the nearest public way, which states in a clearly readable typeface that "This is a proposed site of a (type of facility) proposed by (name of applicant). A public hearing on the application will be held (date) (time) at (location). For more information, contact (name, title, phone number and address of Board of Health contact)," and shall contain a brief description of the project and where application materials can be reviewed. The Board of Health shall hold a public informational meeting, at least seven (7) days prior to the commencement of the public hearing, where the applicant shall be invited to give a short presentation and answer questions from the attendees, and where any member of the audience may ask questions At least twenty-one (21) days prior to commencement of the site assignment hearing, the Board of Health shall send a copy of the required notice of the site assignment hearing which shall include a brief description of the project, the date, time and location of the informational meeting, how residents can participate in the hearing, and where application materials can be reviewed, by first class mail to all residents and landowners located within one mile of the proposed site, including residents and landowners in an abutting town if the proposed site is within one-half mile of that town (an “abutting town”). At least twenty-one (21) days prior to commencement of the site assignment hearing, the Board of Health shall forward a copy of the application for site assignment at the Paul Pratt Memorial Library and at a public library in an abutting town, if any, and on the Internet. At least twenty-one (21) days prior to commencement of the site assignment hearing, the Board of Health shall publish notice as a large display advertisement in a nonlegal section of one or more newspapers of general circulation in Cohasset and an abutting town, if any, which shall include notice of the informational meeting and where the application materials may be reviewed, and shall send the notice as a press release to all newspapers and media outlets which circulate in the town(s). (6) The Board of Health shall provide for either live public broadcast of the hearings on the local cable access channel, or if that is not feasible, for the videotaping of the hearing for later broadcast. (7) The Board of Health shall include in all public notices an announcement that written comments will be accepted, and the deadline for accepting such comments, and shall waive any regulatory requirements for prior public notice or registration of such comments. (e)Regulation of Solid Waste Facilities – Public Process: General Laws, Section 150A, Chapter 111 requires that every person maintaining or operating a solid waste facility shall operate the facility in such manner as will protect public health and safety and the environment. Upon determination by the Board of Health that the operation or maintenance of such a facility results in a threat to public health and safety or the environment, the Board may rescind, suspend, or modify the site assignment following due notice and a public hearing. In addition to the procedures required by state law and regulations: Any ten (10) or more residents of Cohasset or of an abutting town, if any, may petition the Board of Health in writing alleging that a solid waste facility is operating in violation of its site assignment or of any applicable law, regulation, order, or bylaw or that the maintenance or operation of a solid waste facility results in a threat to public health or safety or the environment. When an allegation is made that a solid waste facility is in violation of any applicable law, regulation, order, or bylaw, or that the maintenance or operation of a solid waste facility results in a threat to public health or safety or the environment, the burden of proof shall be on the owner or operator of the solid waste facility to prove that the facility is not in violation or that the operation of the facility does not result in a threat to public health, safety, or the environment, as the case may be. (3)No later than twenty-one (21) days following receipt of such a petition, the Board of Health shall schedule a preliminary hearing. The purpose of the preliminary hearing shall be to decide whether the Board should schedule a site assignment hearing pursuant to Section 150A of Chapter 111 of the General Laws to consider whether to rescind, suspend, or modify the site assignment. The preliminary hearing shall be held no later than sixty (60) days following receipt of the petition. (5)Notice of the preliminary hearing shall be made at least twenty-one (21) days prior to the commencement of the hearing by notice printed in a display advertisement in every newspaper of general circulation in Cohasset and an abutting town, if any. Said notice shall include the entire text or a concise summary of the petition, the date, time, and place of the preliminary hearing, and the deadline for submitting written comments to the Board of Health on the petition. (6)The preliminary hearing shall be conducted as follows: The petitioners shall first describe the basis for their petition. Then, the owner or operator of the affected facility shall be given a reasonable opportunity to respond. The Board shall then allow public testimony, and shall accept written comments for a specific period of time that shall be announced at the preliminary hearing. The hearing shall be conducted as informally as possible, and shall not follow the rules of evidence commonly followed in the courts. Any resident of Cohasset or an abutting town, if any, shall be allowed to present oral or written testimony during the hearing. (7)No later than thirty (30) days following the conclusion of the preliminary hearing, the Board shall render a written decision whether or not to convene a site assignment hearing pursuant to Section 150A, Chapter 111 of the General Laws to consider whether the site assignment should be rescinded, suspended, or modified. (f)Regulatory Site Assignment Hearing – Public Process: The Board of Health shall follow the same public participation process provided in subsection (e) which apply to new site assignment applications for the site assignment hearings held to consider whether to rescind, suspend, to modify a site assignment. Severability. Each of the paragraphs within this Section shall be construed as separate to the end that if any sentence, clause or phrase thereof shall be held invalid for any reason the remainder of that paragraph and all other paragraphs of this Section shall continue in force. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS John K. McNabb, Jr. 53 Pond Street Michael F. McNabb 662 Jerusalem Road Bruce F. McKinnon 70 Fairoaks Lane Keith Moskow 98 Gammons Road James L. Kinch 77 Forest Avenue Martha K. Gjesteby 81 Old Pasture Road Peter J. Pratt 75 Ripley Road Constance Afshar 141 South Main Street Margaret Chapman 25 Virginia Lane Kevin F. O’Donnell 248 King Street Moved to amend Article VII, Safety and Public Order, of the General Bylaws, by inserting the following new section: SECTION 37 SOLID WASTE FACILITY PUBLIC PROCESS BYLAW (a) Preamble. This Section establishes public participation requirements to improve the public process following the filing of a site assignment application for a new solid waste facility. (b) Purpose. The purpose of this Section is to protect the rights of the people of Cohasset to clean air and water guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution, and to protect their right to petition government guaranteed by the Massachusetts Constitution, Article 19 of the Declaration of Rights, and by the First Amendment to the United States Constitution. (c) Authority. This Section is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, independent of the provisions of Section 150A of Chapter 111 of the General Laws and regulations promulgated thereto. (d) Proposed Solid Waste Facilities - Public Process. This bylaw establishes procedures to require an informational meeting by the Board of Health which is held following the filing of an application for a site assignment for a proposed solid waste facility. (1) The Board of Health shall hold a public informational meeting no later than forty-five (45) days following the receipt by the Board of a site assignment application for a proposed solid waste facility, where the applicant shall be invited to give a short presentation and answer questions from attendees. (2) At least fourteen (14) days prior to commencement of said informational meeting, the Board of Health shall require the applicant place a large 4 foot by 8 foot sign at the proposed site, on the property visible from the nearest public way, which states in a clearly readable typeface that "This is a proposed site of a (type of facility) proposed by (name of applicant). An informational meeting on the application will be held (date) (time) at (location). For more information, contact (name, title, phone number and address of Board of Health contact)," and which shall contain a brief description of the proposed project and where application materials can be reviewed. (3) At least fourteen (14) days prior to commencement of said informational meeting, the Board of Health shall send notice of said meeting, which shall include a brief description of the project, the date, time and location of the meeting, how residents can participate in the meeting, and where application materials can be reviewed, by first class mail to all residents and landowners located within one mile of the proposed site, including residents and landowners in an abutting town if the proposed site is within one-half mile of that town (an "abutting town"). (4) At least fourteen (14) days prior to commencement of the informational meeting, the Board of Health shall forward a copy of the application for site assignment to the Paul Pratt Memorial Library and to the public library in an abutting town, if any, and place a copy on the Internet. (5) At least fourteen (14) days prior to commencement of the informational meeting, the Board of Health shall publish notice as a display advertisement in a nonlegal section of one or more newspapers of general circulation in Cohasset and an abutting town, if any, which shall include notice of the informational meeting and where the application materials may be reviewed, and shall send the notice as a press release to all newspapers and media outlets which circulate in the town(s). (6) The Board of Health shall provide for either live public broadcast of the informational meeting on the local cable access channel, or if that is not feasible, for the videotaping of the informational meeting for later broadcast. (7) The Board of Health may assess upon the applicant the costs for complying with the provisions of this subsection relative to the informational meeting and providing notice thereof. Said applicant may contest the amount so assessed and may request a hearing before the Board, who may then reconsider the amount of the assessment thereof. Severability. Each of the paragraphs within this Section shall be construed as separate to the end that if any sentence, clause or phrase thereof shall be held invalid for any reason the remainder of that paragraph and all other paragraphs of this Section shall continue in force. Motion adopted. Article 30: To see if the Town will 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 follow, except for clerical or editorial changes in form only: An Act to Establish a Special Procedure for Override Elections in the Town of Cohasset Section 1. If it is not already indicated on the Ballot, the Town Clerk will post the amount of principal to be borrowed outside the limits of Proposition 2 1/2 , so-called (Chapter 59, Section 21(C) as determined at the Town Meeting where the question is approved. This posting will be in each voting booth, in the place where absentee ballots can be obtained and any other location that the Town Clerk deems necessary. Section 2. This Act shall take effect upon passage. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Lenora Jenkins 198 Jerusalem Road Joseph D. Buckley 28 Linden Drive Donald L. Trisler 52 Linden Drive Thomas L. Gruber 8 Pratt Court Catherine Davis 52 Linden Drive Marsha Silvia 445 Beechwood Street Raymond Kasperowicz 172 South Main Street Rustam K. Devitre 430 Atlantic Avenue Tanna B. Kasperowicz 172 South Main Street Richard Silvia 445 Beechwood Street Moved 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 in form only: Section 1. If it is not already indicated on the Ballot, the Town Clerk will post the amount of principal to be borrowed outside the limits of Proposition 2½, so-called (Chapter 59, Section 21C) as determined at the Town Meeting where the question is approved. This posting will be in each voting booth, in the place where absentee ballots can be obtained and any other location that the Town Clerk deems necessary. Section 2. This Act shall take effect upon passage. Motion defeated. Article 31: To see if the Town will vote to include remedial septic systems of the same capacity to be a permitted use within the flood plain, as follows: By inserting in Section 9.5(6), Allowed Uses within the Special Flood Plain and Watershed Protection District, after the words “water control structures”, on line 2, and before the words, “water treatment storage”, the following new term; “remedial replacement septic systems of the same capacity as any pre-existing septic systems on the same lot or parcel. Moved that the Zoning Bylaws of the Town be amended to include remedial septic systems of the same capacity to be a permitted use within the flood plain, as follows: By inserting in Section 9.5(6), Allowed Uses within the Special Flood Plain and Watershed Protection District, after the words “water control structures”, on line 2, and before the words, “water treatment storage”, the following new term: “remedial replacement septic systems of the same capacity as any pre-existing septic systems on the same lot or parcel”. A 2/3 vote required. Motion adopted unanimously. Article 32: To see if the Town will vote to authorize the Board of Selectmen to sign an amended Intermunicipal Agreement for Cooperative Recycling on the South Shore, said copy of the proposed Agreement being on file in the Office of the Town Clerk. Moved that the Board of Selectmen be authorized to sign an amended Intermunicipal Agreement for Cooperative Recycling on the South Shore, as on file with the Office of the Town Clerk. Motion adopted unanimously. Article 33: To see if the Town will vote to amend Section 31 of Article VII “Safety and Public Order” of the General Bylaws by inserting the following new section: “All persons who collect solid waste or other discarded material for hire from residences, businesses, or any address in the Town of Cohasset shall be required to recycle all materials designated as recyclable by vote of the Board of Selectmen; and, further, the Board of Selectmen is authorized to promulgate rules and regulations in connection with the management and administration of the mandatory recycling program for private haulers, to take effect on such date as determined by the Board of Selectmen. Moved that Section 31 of Article VII “Safety and Public Order” of the General Bylaws be hereby amended by inserting the following new section: “All persons who collect solid waste or other discarded material for hire from residences, businesses, or any address in the Town of Cohasset shall be required to recycle all materials designated as recyclable by vote of the Board of Selectmen; and, further, the Board of Selectmen is authorized to promulgate rules and regulations in connection with the management and administration of the mandatory recycling program for private haulers, to take effect on such date as determined by the Board of Selectmen.” Motion adopted. Article 34: To see if the Town will vote to accept the provisions of Massachusetts General Law, Chapter 44, Section 53E½, thereby establishing a revolving fund in Fiscal Year 2001, under the jurisdiction and control of the Town Manager, in the amount of five hundred thousand ($500,000.00) dollars to be spent in accordance with the Board of Health’s On-Site Wastewater Management Plan, on file in the Office of the Board of Health, such fund to consist of all revenues generated by fees associated with the Board of Health’s On-Site Wastewater Management Plan. Moved that a revolving fund be established under the provisions of Massachusetts General Law, Chapter 44, Section 53E½, in Fiscal Year 2001, to be expended under the jurisdiction and control of the Town Manager, with a spending limit in the amount of five hundred thousand ($500,000.00) Dollars, to be spent in accordance with the Board of Health’s On-Site Wastewater Management Plan, on file in the Office of the Board of Health, such fund to consist of all revenues generated by the implementation of the Board of Health’s On-Site Wastewater Management Plan. Motion adopted. Article 35: To see if the Town will vote to accept the provisions of Massachusetts General Law, Chapter 40, Section 58, to impose a Municipal Charges Lien for the fees associated with the implementation of the Board of Health’s On-Site Wastewater Management Plan. Moved that the provisions of Massachusetts General Law, Chapter 40, Section 58, be hereby accepted, to impose a Municipal Charges Lien for the fees not paid by the due date associated with the implementation of the Board of Health’s On-Site Wastewater Management Plan. Motion adopted unanimously. Article 36: To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow a sum or sums of money, to be expended by the Town Manager, for the purpose of preparing a feasibility study to develop a plan for a sewer project in the Little Harbor Watershed.. Moved that Twenty Thousand ($20,000.00) Dollars be transferred from Line Item 911 “Benefits and Insurance - Property & Liability Insurance” of Article 3 of the 1999 Annual Town Meeting, to be expended by the Town Manager, for the purpose of engaging engineering, architectural or other professional services in preparing a feasibility study to develop a plan for a sewer project in the Little Harbor Watershed. Motion adopted unanimously. Article 37 To see if the Town will vote pursuant to Chapter 80, Section 13 of the General Laws of the Commonwealth, to set the interest rate for the apportionment of betterments assessed by the Sewer Commission in conjunction with the North Cohasset and Central Cohasset Sewer projects. Moved, pursuant to Chapter 80, Section 13 of the General Laws of the Commonwealth, an interest rate at not more than two (2%) percent above the net rate charged the Town for borrowed funds be set for betterments imposed in conjunction with the North Cohasset and Central Cohasset Sewer projects. Motion adopted unanimously. Article 38: To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow from the Massachusetts Water Pollution Abatement Trust, or otherwise borrow pursuant to any applicable statute, a sum or sums of money, to be expended by the Town Manager, to design and implement repairs to the existing wastewater collection system to reduce infiltration/Inflow (I/I) entering the system. Moved that Fifty Thousand ($50,000.00) Dollars be hereby appropriated, to be expended by the Town Manager, to design and implement repairs to the existing wastewater collection system to reduce Infiltration/Inflow (I/I) entering the system, and, that to fund this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Fifty Thousand ($50,000.00) 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. A 2/3’s vote required. Motion adopted unanimously. Article 39: To see if the Town will vote to establish a Wastewater Special Revenue Fund, under the jurisdiction and control of the Town Manager, in consultation with the Board of Sewer Commissioners 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 improvements costs, based upon the availability of funds, for the North Cohasset and Central Cohasset Sewer Districts, such funds shall be governed in Fiscal Year 2001 in accordance with the budget established under Article 3 of this Town Meeting. Moved to establish a Wastewater Special Revenue Fund, under the joint jurisdiction and control of the Board of Sewer Commissioners and 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 2001 in accordance with the budget established under Article 3 of this Town Meeting. Motion adopted unanimously. Article 41: To see if the Town will vote to waive the payment of the building permit fee for the First Parish Church in Fiscal Year 2000 for the construction of their new Parish Hall. CITIZENS’ PETITION NAME ADDRESS NAME ADDRESS Diana T. Rousseau 44 Little Harbor Road Lincoln P. Bloomfield 37 Beach Street Nancy Sandell 24 Stevens Lane Irirangi Bloomfield 37 Beach Street Jane Goedecke 100 Nichols Road Joanne Chittick 98 South Main Street James Sandell 24 Stevens Lane Patricia W. Baird 55 Red Gate Lane Barbara W. Bliss 76 Summer Street Diana D. Kornet 67 Gammons Road Moved that the payment of the building permit fee for the First Parish Church in Fiscal Year 2000 for the construction of their new Parish Hall be hereby waived. Motion adopted. Article 1: To act upon the reports of the various Town Officers as printed in the Annual Town Report for 1999. Moved that the reports of the various Town Officers as printed in the Annual Town Report for 1999 be accepted, and filed with the permanent records of the Town. Motion adopted. Moved that this meeting stand adjourned only for the election to be held on Saturday, April 8, 2000. Motion adopted unanimously at 5:45 p.m. A True Record, ATTEST: Marion L. Douglas Town Clerk 10 13 15 41