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HomeMy WebLinkAboutMinutes - TM - 04/29/2019 Index Annual Town Meeting April 29, 2019 1. Annual Town Report Adopted 2. Report of Committees No Action Taken 3. FY20 Operating Budget Adopted 4. Unpaid Bills of Prior Years Adopted 5. FY19 Supplemental Appropriations Adopted 6. Stabilization and Other Special Funds Adopted 7. Capital Improvements Budget Adopted 8. Departmental Revolving Funds Adopted 9. Allocation of Funds for One Time Cost Adopted 10. MGL Chapter 91 Liability Adopted 11. Additional Real Estate Exemptions Adopted 12. Increased Threshold for Personal Property Taxation Adopted 13. Community Preservation Committee Adopted 14. Home Rule Petition for Legislation to Adopt Prudent Investor Rule Adopted 15. Update to Animal Control Fines Adopted 16. Electric Billing Aggregation Adopted 17. Rescind Voluntary Check-off for Elderly Tax Abatement Adopted 18. Zoning Bylaw Amendment—Cohasset Harbor Adopted 19. Citizen's Petition —Amend Sewer District Map Indefinitely Postponed 20. Citizen's Petition —Conservation Restriction Indefinitely Postponed 21. Citizen's Petition — Release of Water Easement Adopted 22. Citizen's Petition — Electric Billing Aggregation Indefinitely Postponed TOWN OF COHASSET Annual Town Meeting—April 29, 2019 At the Annual Town Meeting held on Monday April 29, 2019 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, Carol L. St. Pierre at 6:00 p.m. were Elizabeth Anderson Abigail Alves, Debra Krupczak, Rebekah Mattey, Susan Ryan, Lauren Walsh and Kenneth Warner. Philip Faulkner, Peter Pearce, Michael Putziger and Susan Putziger were appointed and sworn in by the Moderator Daniel Evans. The Moderator called the meeting to order at 7:10 p.m. and a quorum of 100 was present at that time. The registered voters checked in on the voting list totaled 349. Precinct 1 - 216 voters and precinct 2 - 133. Citizens recited the pledge of allegiance. A moment of silence was observed for citizens listed in the memoriam of the town report. Article 1: Annual Town Report To act upon the reports of the various Town Officers as printed in the Annual Town Report for 2018, or to take any other action related thereto. MOVED, that the reports of the various Town Officers as printed in the Annual Town Report for 2018, be accepted and placed in the permanent records of the town. Motion adopted unanimously. Article 2: Reports of Committees To hear the reports of any Committee heretofore chosen and act thereon, or to take any other action related thereto. There are no reports scheduled. No further action taken. Article 3: Operating Budget 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, including the enterprise funds for the Water Department and Sewer Department, for the ensuing fiscal year, or to take any other action related thereto. FISCAL 2017 FISCAL 2018 FISCAL 2019 FISCAL 2020 FISCAL 2020 DEPARTMENT BUDGET BUDGET REQUESTED REQUESTED RECOMMENDED ADMINISTRATIVE SERVICES TOWN MODERATOR 500 1 500 500 500 500 BOARD OF SELECTMEN 178,130 178,740 158,600 169,600 134,600 TOWN MANAGER 364,928 424,873 515,100 448,436 446,436 HUMAN RESOURCE MANAGEMENT 75,000 150,000 153,750 161,438 206,866 ADVISORY COMMITTEE 360 360 360 360 360 RESERVE FUND 200,000 225,000 229,500 234,090 234,090 DIRECTOR OF FINANCE 241,283 254,736 240,661 260,805 248,805 BOARD OF ASSESSORS 220,686 229,209 211,761 220,827 220,827 TREASURER/COLLECTOR 305,814 316,923 335,821 349,418 349,418 LEGAL SERVICES 150,000 150,000 150,000 150,000 150,000 CHIEF TECHNOLOGY OFFICE 360,000 369,000 436,399 433,421 514,621 TOWN TECHNOLOGY 99,000 107,124 127,500 134,500 134,500 TOWN CLERK 160,215 159,115 171,100 180,962 180,962 PERMITS & INSPECTIONS 164,739 230,402 257,402 226,253 221,253 UNCLASSIFIED 408,660 416,240 416,240 421,500 421,500 ADMINISTRATIVE TOTAL 2,929,315 3,212,222 3,404,694 3,392,110 3,464,738 PUBLIC SAFETY POLICE 2,337,670 2,409,956 2,540,019 2,690,261 2,665,261 FIRE 2,365,986 2,427,200 2,462,851 2,720,571 2,617,404 BUILDING COMMISSIONER 150,140 151,665 150,165 159,168 159,168 EMERGENCY MANAGEMENT 38,000 38,000 38,000 39,200 39,200 HARBORMASTER 115,248 116,514 118,114 120,753 120,753 SHELLFISH CONSTABLE 475 475 475 475 475 PUBLIC SAFETY TOTAL 5,007,519 5,143,810 5,309,624 5,730,428 5,602,261 EDUCATION SERVICES COHASSET SCHOOLS 18,320,276 18,895,656 19,550,594 20,337,134 20,337,134 SCHOOL SUPPORT OFFICER 75,000 100,000 75,380 77,265 77,265 SOUTH SHORE VOCATIONAL 84,057 69,116 58,000 59,450 59,450 WJC: INTERFACE - - - 12,500 12,500 EDUCATION SERVICES TOTAL 18,479,333 19,064,772 19,683,974 20,486,349 20,486,349 PUBLIC WORKS/FACILITIES DEPT OF PUBLIC WORKS 1,201,730 1,237,548 1,326,277 1,492,680 1,452,180 SNOW& ICE REMOVAL 125,000 125,000 125,000 125,000 125,000 STREET LIGHTING 45,000 45,000 45,000 58,000 58,000 TRANSFER STATION 497,416 474,398 475,074 488,178 488,178 FACILITIES MANAGEMENT 946,943 939,026 961,761 1,154,660 1,065,142 PUBLIC WORKS/FACILITIES TOTAL 2,816,089 2,820,972 2,933,112 3,318,518 3,188,500 HEALTH &WELFARE BOARD OF HEALTH 156,446 161,405 163,005 158,675 158,675 ELDER AFFAIRS 284,592 281,828 300,795 316,597 316,597 VETERANS SERVICES 138,850 141,592 144,364 146,059 146,059 HEALTH &WELFARE TOTAL 579,888 584,825 608,164 621,331 621,331 CULTURE & RECREATION LIBRARY 614,767 642,587 643,202 659,249 659,249 RECREATION 125,989 130,760 130,760 137,275 137,275 COMMON HISTORICAL COMMISSION 500 500 500 500 500 HISTORICAL PRESERVATION 600 600 600 600 600 CULTURE & RECREATION TOTAL 741,856 774,447 775,062 797,624 797,624 DEBT SERVICE DEBT SERVICE 3,166,674 3,083,855 2,635,508 2,307,165 2,307,165 DEBT SERVICE TOTAL 3,166,674 3,083,855 2,635,508 2,307,165 2,307,165 BENEFITS& INSURANCE PENSION ASSESSMENT 1,880,030 2,296,320 2,512,622 2,462,635 2,462,635 WORKERS COMPENSATION 139,250 198,000 278,242 292,154 198,373 UNEMPLOYMENT 5,000 5,000 5,000 5,000 5,000 HEALTH INSURANCE 4,863,705 5,155,527 5,433,859 5,759,891 5,433,859 LIFE INSURANCE 9,738 9,933 10,132 10,335 10,335 MEDICARE TAX 309,594 345,868 354,515 363,378 363,378 PROPERTY& LIABILITY INSURANCE 310,884 326,428 333,749 356,422 390,677 BENEFITS& INSURANCE TOTAL 7,518,201 8,337,076 8,928,119 9,249,815 8,864,257 GENERAL FUND GRAND TOTAL 41,238,875 43,021,979 44,278,257 45,903,340 45,332,225 SEWER ENTERPRISE FUND (indirect costs included in General Fund Budget) 21480,061 2,259,706 2,560,643 2,300,540 2,300,540 WATER ENTERPRISE FUND (indirect costs included in General Fund Budget) 4,732,880 4,920,130 4,871,904 4,593,175 4,593,175 MOVED, that Fifty Two Million Two Hundred Twenty Five Thousand Nine Hundred Forty Dollars ($52,225,940) be appropriated for the Fiscal Year 2020 Annual Town Budget to be allotted as follows: $99,697 for salaries of elected Town Officials consisting of the Town Clerk$89,180; Clerk, Board of Registrars (4) at $329 each, total of $1,316; Moderator, $1; Selectmen, Chairman $1,500; Members (4) at $1,000 each, total of $4,000; Board of Assessors, Chairman, $1,300; Members (2) at $1,200 each, total $2,400; and the remaining $52,126,243 for Personal Services, Expenses, and Capital Outlays, interest on Maturing Debt and other charges for various departments, as is further described in the columns headed "Fiscal 2020 Recommended" in Appendix A in the Warrant, and to meet the appropriation, the following transfers are made: $2,306,396 from Sewer Enterprise Revenue, $4,720,406 from Water Enterprise Revenue, $65,337 from School Construction Surplus Fund, $23,093 from Reserve for Community Preservation Debt, $396,252 from Capital Stabilization Fund, $75,000 from Title V Betterment Fund, $79,657 from Sewer Betterment Debt Stabilization Fund, AND$44,559,799 is raised from taxation and other general revenues of the Town. A 2/3 vote required. Motion adopted unanimously. Article 4: Unpaid Bills from Previous Years To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow, pursuant to any applicable statute, a sum or sums of money, to be expended by the Town Manager, to pay for unpaid bills of the Town, the Water Commission and/or Sewer Commission from previous fiscal years, or to take any other action related thereto. Department Vendor Amount Description DPW I Site One LandscapeSupply, LLC $71.67 Insecticide Posting Sticks MOVED, that the following unpaid bills of the Town from previous fiscal years, be paid, as follows: Department Vendor Amount Description DPW Site One Landscape Supply, LLC $71.67 Insecticide Posting Sticks AND to meet this appropriation, Seventy-One Dollars and Sixty-Seven Cents ($71.67) be appropriated and transferred from available Free Cash (Undesignated Fund Balance) in the Treasury of the Town. 80%vote required. Motion adopted unanimously. Article 5: Supplemental Appropriations for Fiscal 2019 To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute and/or transfer from available funds, a sum or sums of money, to be expended by the Town Manager, needed by various departmental budgets and appropriations to complete the fiscal year ending June 30, 2019 or to decrease or otherwise adjust any budget line item as appropriated by the Town at the April 30, 2018 Annual Town Meeting or the December 10, 2018 Special Town Meeting, or to take any other action related thereto. Action Amount From To Supplemental Appropriation: Grinder $ 222,096 Sewer Debt Stabilization Sewer Operating Budget Pump Replacement MOVED, that Two Hundred Twenty Two Thousand Ninety Six Dollars ($222,096) be hereby appropriated for the item set forth below amending the amounts appropriated by the Town pursuant to the 2018 Annual Town Meeting held on April 30, 2018 and/or the Special Town Meeting held on December 10, 2018, which funds are to be expended by the Town Manager in conjunction with the Sewer Commission, to supplement certain departmental budgets and appropriations and to fund other deficits below to complete the fiscal year ending June 30, 2019 as follows: Action Amount From To Supplemental Appropriation: Grinder $ 222,096 Sewer Debt Stabilization Sewer Operating Budget Pump Replacement A 2/3 vote required. Motion adopted unanimously. Article 6: Stabilization and other Special Funds 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 of money to be deposited into the Capital Stabilization Fund, the OPEB Trust Fund, the General Stabilization Fund, the Sewer Capital Stabilization Fund, or the Water Capital Stabilization Fund, or to take any other action related thereto. Amount Source of Funds Fund $50,000 General Revenues General Stabilization $150,000 General Revenues OPEB Trust Fund $1,724,026 General Revenues Capital Stabilization $171,470 Sewer General Revenues Sewer Capital Stabilization MOVED, that the following amounts be appropriated to be deposited in the following stabilization and other special funds: Amount Source of Funds Fund $50,000 General Revenues General Stabilization $150,000 General Revenues OPEB Trust Fund $1,724,026 General Revenues Capital Stabilization $171,470 Sewer General Revenues Sewer Capital Stabilization AND TO meet these appropriations, One Million Nine Hundred Twenty-Four Thousand Twenty-Six Dollars ($1,924,026) be raised and appropriated from taxation and other general revenues of the Town, and One Hundred Seventy-One Thousand, Four Hundred Seventy Dollars ($171,470) be appropriated from Sewer General Revenues. A majority vote required. Motion adopted unanimously. Article 7: Capital Improvements Budget 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 of money to fund various capital improvements, capital projects and/or capital equipment for the various departments, boards, commissions and agencies of the Town, or to take any other action related thereto. A. Enterprise Funds Enterprise Purpose Amount CBC Recommendation Fund Water 1. Replace treatment plant upper roof $250,000 For Approval 3-0 Water 2. Water department service truck $50,000 For Approval 3-0 Water Total $300,000 Sewer 3. Plant Engineering Study $25,000 For Approval 4-0 Sewer 4. Nitrogen reduction plan of study $10,000 For Approval 4-0 Sewer 5. HVAC Heaters $24,000 For Approval 4-0 Sewer Total $591000 B. General Fund Department Purpose Amount CBC Recommendation Facilities 6. HS business offices exterior wall $20,000 For Approval 4-0 repairs Facilities 7. Public Safety building roof repairs $20,000 For Approval 4-0 Facilities 8. Facility audit-software upgrade & $92,322 For Approval 4-0 buildingassessments Facilities 9. Town Hall Roof $200,000 Pending Vote at ATM est. Fire 10. Heart monitor/defibrillator#3 $36,000 For Approval 4-0 LifePak 12 (spare/backup) Fire 11. Personal protective clothing(25 units) $67,550 For Approval 3-0-1 IT 12. Electronic permitting module- $12,000 For Approval 4-0 planning IT 13. Master Technology plan $35,000 For Approval 4-0 IT 14. Device Replacement-Windows 7-end $216,560 For Approval 4-0 of life Police 15. Police Cruiser (1) $49,000 For Approval 4-0 Police 16. Mobile radios for new cruiser $6,300 For Approval 4-0 Public Works 17. Road Work $358,000 For Approval 4-0 Public Works 18. Heavy Haul Tractor Lease $42,000 For Approval 4-0 Public 19. Wide Lawnmowers for common & $63,000 For Approval 3-0 Works fields (84"-136") Public 20. Sidewalk Plow (multi-use) existing $115,000 Pending Vote at ATM Works NG no parts Public 21. Border Street Bridge $810,000 For Approval 4-0 Works Schools 22. School Bus Lease $100,000 For Approval 4-0 Schools 23. Sidewalk/Stair Improvements at JOS, $90,000 For Approval 4-0 DH & CMHS Schools 24. Software-Aspen (IPASS) $50,000 For Approval 4-0 Schools 25. Update PA/Bell system for MS/HS $65,000 For Approval 4-0 Schools 26. Upgrade security alarm systems all $24,214 For Approval 4-0 schools Total —General Fund $2,471,946 MOVED that Two Million Five Hundred Fifty-Five Thousand Nine Hundred Forty-Six Dollars ($2,555,946) be appropriated to be spent by the Town Manager with the approval of the Board of Selectmen for the purpose of purchasing certain items or services relating to capital or property, as set forth below; A. Enterprise Funds Enterprise Purpose Amount CBC Fund Recommendation Water 1. Replace treatment plant upper roof $250,000 For Approval 3-0 Water 2. Water department service truck $50,000 For Approval 3-0 Water Total $300,000 Sewer 3. Plant Engineering Study $25,000 For Approval 4-0 Sewer 4. Nitrogen reduction plan of study $10,000 For Approval 4-0 Sewer 5. HVAC Heaters $24,000 For Approval 4-0 Sewer Total $59,000 B. General Fund Department Purpose Amount CBC Recommendation Facilities 6. HS business offices exterior wall repairs $20,000 For Approval 4-0 Facilities 7. Public Safety building roof repairs $20,000 For Approval 4-0 Facilities 8. Facility audit-software upgrade & $92,322 For Approval 4-0 building assessments Facilities 9. Town Hall Roof $200,000 est. Withdrawn Fire 10. Heart monitor/defibrillator#3 $36,000 For Approval 4-0 LifePak 12 (spare/backup) Fire 11. Personal protective clothing(25 units) $67,550 For Approval 3-0-1 IT 12. Electronic permitting module- planning $12,000 For Approval 4-0 IT 13. Master Technology plan $35,000 For Approval 4-0 IT 14. Device Replacement-Windows 7-end of $216,560 For Approval 4-0 Police 15. Police Cruiser (1) $49,000 For Approval 4-0 Police 16. Mobile radios for new cruiser $6,300 For Approval 4-0 Public Works 17. Road Work $358,000 For Approval 4-0 Public Works 18. Heavy Haul Tractor Lease $42,000 For Approval 4-0 Public Works 19. Wide Lawnmowers for common & $63,000 For Approval 3-0 fields 84"-136" Public Works 20. Sidewalk Plow (multi-use) $40,000 For Approval 4-0 Public Works 21. Border Street Bridge $810,000 For Approval 4-0 Schools 22. School Bus Lease $100,000 For Approval 4-0 Schools 23. Sidewalk/Stair Improvements at JOS, DH $90,000 For Approval 4-0 & CMHS Schools 24. Software-Aspen (IPASS) $50,000 For Approval 4-0 Schools 25. Update PA/Bell system for MS/HS $65,000 For Approval 4-0 Schools 26. Upgrade security alarm systems all $24,214 For Approval 4-0 schools otal—General Fund $2,196,946 And to meet the appropriation for the Water Department, Funds totaling Two Hundred Twenty-Seven Thousand Ninety-Three Dollars ($227,093.00) be transferred for this purpose from Water Enterprise Revenue, Thirty Eighty Thousand Four Hundred Sixty-Two Dollars and Sixty-Three Cents ($38,462.63) be transferred from available retained earnings of the Water Enterprise Fund, and funds totaling Thirty-Four Thousand Four Hundred Forty-Four Dollars and Thirty- Seven Cents ($34,444.37) available in the following accounts shall also be transferred: $22,989.06 Little Harbor District Article 8, June 14, 2010 STM $11,455.31 Polymer System Upgrades Article 5, November 2, 2015 STM And to meet the appropriation for the Sewer Department, Funds totaling Fifty-Nine Thousand Dollars ($59,000.00) be transferred for this purpose from Sewer Enterprise Revenue. And to meet the appropriations for the General Fund, Funds totaling One Million Three Hundred One Thousand Seven Hundred Thirty Dollars and Eighty Four Cents ($1,301,730.84) shall be transferred from the Capital Stabilization Fund, funds totaling Forty Four Thousand Nine Hundred Twenty Five ($44,925) shall be transferred from Free Cash, funds totaling Three thousand dollars ($3,000) shall be transferred from the FY19 Council on Aging Formula Grant, funds totaling Thirty Seven Thousand Two Hundred Ninety Dollars and Sixteen Cents ($37,290.16) available in the following accounts shall be transferred: $2,375.00 Building Interconnectivity Article 7, April 22, 2013 ATM $158.97 XP Device Replacement Article 7, April 22, 2013 ATM $224.76 Facilities Condition/Functional Article 8, May 2, 2015 ATM Assessment $4,225.06 Electronic Parking Enforcement Article 8, May 2, 2015 ATM $3,160.40 Security Upgrades DH &JOS Article 6, November 28, 2016 STM $218.68 New Main Entry Doors MS/HS Article 6, November 28, 2016 STM $0.59 Heavy Haul Tractor Lease Article 8, May 1, 2017 ATM $22,620 RTF Roof Article 8, May 1, 2017 ATM $470.40 Upgrade Old Devices Article 8, May 1, 2017 ATM $876.00 Automated External Defibrillators Article 8, April 30, 2018 ATM $2,960.30 Document Cameras 215t Century Article 8, April 30, 2018 ATM Classroom And the Treasurer of the Town, with the approval of the Board of Selectmen, be authorized to borrow Eight Hundred Ten Thousand Dollars ($810,000) and issue bonds and notes of the Town therefor. Provided, however that the amounts listed above for particular projects in Section B other than the Border Street Bridge project, the Public Safety Building Roof Repairs, and Road Work are not to be construed as individual appropriations but instead the sums shown are intended to be estimates of individual projects but the amount appropriated is one line item in the total sum of One Million Eight Thousand Nine Hundred Forty-Six Dollars ($1,008,946). The Town Manager, with the approval of the Board of Selectmen, is hereby authorized to distribute such funds in such a manner as may be needed to accomplish the forgoing list of projects, provided further, however, that the excess funds are available because one or more items cost less than estimated and not because an item intended to be procured is not so procured. Funding for the Border Street Bridge project, the Public Safety Building Roof Repairs, and Road Work will be available immediately following Town Meeting approval and funding for all other projects will be available July 1, 2019. Amendment offered by Leland Jenkins. Moved, that B. General Fund Department Purpose Amount CBC Recommendation Facilities 6. HS business offices exterior wall $20,000 For Approval 4-0 repairs Facilities 7. Public Safety building roof repairs $20,000 For Approval 4-0 Facilities 8. Facility audit-software upgrade & $92,322 For Approval 4-0 building assessments Facilities 9. Paint Town Hall Exterior $99,000 Fire 10. Heart monitor/defibrillator#3 $36,000 For Approval 4-0 LifePak 12 (spare/backup) Fire 11. Personal protective clothing (25 units) $67,550 For Approval 3-0-1 IT 12. Electronic permitting module- $12,000 For Approval 4-0 planning IT 13. Master Technology plan $35,000 For Approval 4-0 IT 14. Device Replacement-Windows 7-end $216,560 For Approval 4-0 of life Police 15. Police Cruiser (1) $49,000 For Approval 4-0 Police 16. Mobile radios for new cruiser $6,300 For Approval 4-0 Public Works 17. Road Work $358,000 For Approval 4-0 Public Works 18. Heavy Haul Tractor Lease $42,000 For Approval 4-0 Public Works 19. Wide Lawnmowers for common &fields $63,000 For Approval 3-0 (84"-136") Public Works 20. Sidewalk Plow (multi-use) $40,000 For Approval 4-0 Public Works 21. Border Street Bridge $810,000 For Approval 4-0 Schools 22. School Bus Lease $100,000 For Approval 4-0 Schools 23. Sidewalk/Stair Improvements at JOS, $90,000 For Approval 4-0 DH & CMHS Schools 24. Software-Aspen (IPASS) $50,000 For Approval 4-0 Schools 25. Update PA/Bell system for MS/HS $65,000 For Approval 4-0 Schools 26. Upgrade security alarm systems all $24,214 For Approval 4-0 schools otal—General Fund $2,295,946 And to meet the appropriations for the General Fund, Funds totaling One Million Four Hundred Thousand Seven Hundred Thirty Dollars and Eighty Four Cents ($1,400,730.84) shall be transferred from the Capital Stabilization Fund, funds totaling Forty Four Thousand Nine Hundred Twenty Five ($44,925) shall be transferred from Free Cash, funds totaling Three thousand dollars ($3,000) shall be transferred from the FY19 Council on Aging Formula Grant, funds totaling Thirty Seven Thousand Two Hundred Ninety Dollars and Sixteen Cents ($37,290.16) available in the following accounts shall be transferred: $2,375.00 Building Interconnectivity Article 7, April 22, 2013 ATM $158.97 XP Device Replacement Article 7, April 22, 2013 ATM $224.76 Facilities Condition/Functional Article 8, May 2, 2015 ATM Assessment $4,225.06 Electronic Parking Enforcement Article 8, May 2, 2015 ATM $3,160.40 Security Upgrades DH &JOS Article 6, November 28, 2016 STM $218.68 New Main Entry Doors MS/HS Article 6, November 28, 2016 STM $0.59 Heavy Haul Tractor Lease Article 8, May 1, 2017 ATM $22,620 RTF Roof Article 8, May 1, 2017 ATM $470.40 Upgrade Old Devices Article 8, May 1, 2017 ATM $876.00 Automated External Defibrillators Article 8, April 30, 2018 ATM $2,960.30 Document Cameras 21s' Century Article 8, April 30, 2018 ATM Classroom And the Treasurer of the Town, with the approval of the Board of Selectmen, be authorized to borrow Eight Hundred Ten Thousand Dollars ($810,000) and issue bonds and notes of the Town therefor. Provided, however that the amounts listed above for particular projects in Section B other than the Border Street Bridge project, the Public Safety Building Roof Repairs, and Road Work are not to be construed as individual appropriations but instead the sums shown are intended to be estimates of individual projects but the amount appropriated is one line item in the total sum of One Million One Hundred Seven Thousand Nine Hundred Forty-Six Dollars ($1,107,946). The Town Manager, with the approval of the Board of Selectmen, is hereby authorized to distribute such funds in such a manner as may be needed to accomplish the forgoing list of projects, provided further, however, that the excess funds are available because one or more items cost less than estimated and not because an item intended to be procured is not so procured. Funding for the Border Street Bridge project, the Public Safety Building Roof Repairs, and Road Work will be available immediately following Town Meeting approval and funding for all other projects will be available July 1, 2019. A majority vote required for amendment. Amendment adopted by a majority vote. A 2/3 vote required for amended main motion. Amended main motion adopted unanimously. Proclamation offered by S. Woodworth Chittick for Benjamin Lacey. WHEREAS, Benjamin Lacy, better known as Ben, was first appointed to the Zoning Board of Appeals in 1986, and served on the ZBA for 22 years, retiring in 2018. WHEREAS, Ben was a founding member of the Town's Zoning Advisory Committee, and was Vice Chair of the ZBA for almost 15 years. Whereas Ben and his wife,Jane, began their love affair with Cohasset in 1962, sailing in our waters every summer as enthusiastic members of the 110 fleet, a passion which Ben maintains even today as co-owner of Mariposa, a 19-foot sloop. WHEREAS Ben was one of the Incorporators, in 2002, of The Friends of Holly Hill Farm, Inc. which operates the Farm's organic farming and educational activities, serving as a Member of its Board for 16 seasons until 2018 when he entered into emeritus status, as well as serving as Chairman of the Board from 2009 through 2016. Whereas Ben's involvement in Town matters has extended to service on the Vestry at St. Stephen's and singing in the choir. WHEREAS such dedication and service to the Town cannot come without great sacrifice to personal matters and family life; and WHEREAS, Ben Lacy truly exemplifies the spirit of community and volunteerism and does so with warmth, compassion, energy, enthusiasm, and a gentle manner; NOW THEREFORE BE IT RESOLVED that the Citizens of Cohasset, assembled here at Annual Town Meeting hereby acknowledge with sincere appreciation the long and devoted service to the Town of Cohasset of Benjamin Lacy. GIVEN under our hands and the seal of the TOWN OF COHASSET on this 29th day of April in the year Two Thousand Nineteen. Proclamation adopted unanimously. Article 8: Departmental Revolving Funds To see what spending limits the Town will establish for revolving accounts established pursuant to Section 53E1/2 of Chapter 44 of the General Laws and Section 10 of Article VI of the Town of Cohasset General Bylaws the Town will set for the fiscal year beginning July 1, 2019 and ending on June 30, 2020, or to take any action related thereto. Revolving Spending Authority Fund Conservation Town Manager, up to $100,000 &Storm water Food Permits Director of Public Health,with Town Manager approval, up to$50,000 Elder Affairs Director of Elder Affairs,with Town Manager approval, up to $100,000 Programs Recreation Director of Recreation, with Town Manager approval, up to $950,000 Programs MOVED, that the Departmental Revolving Funds set forth in Section 10 of Article VI of the Town of Cohasset General Bylaws have funding limits set for the fiscal year beginning July 1, 2019 and ending on June 30, 2020 as follows: Revolving Fund Spending Limit Conservation & Storm water $100,000 Food Permits $50,000 Elder Affairs Programs $100,000 Recreation Programs $950,000 A Majority vote required. Motion adopted unanimously. Article 9: Allocation of Funds for One Time Cost 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 of money for funding one-time expenditures and projects, or to take any other action related thereto. Amount Source of Funds Project $30,000 Free Cash 1. School Traffic Study $62,000 Free Cash 2. NPDES Permit Update $10,000 Repurposed Funds 3. Pay Equity Study Article 5 from ATM 2013 4 22 13 $17,500 Free Cash 4. Drainage & Water Management Projects $50,000 FY20 Budget to 5. 250 Anniversary $60,000 FY20 Budget 6. Contract Settlements MOVED, that Two Hundred Twenty-Nine Thousand Five Hundred Dollars ($229,500) be appropriated to be spent by the Town Manager for the following purpose: Amount Source of Funds Project $30,000 Free Cash 1. School Traffic Study $62,000 Free Cash 2. NPDES Permit Update $10,000 Repurposed Funds 3. Pay Equity Study Article 5 from ATM 2013 (4/22/13) $17,500 Free Cash 4. Drainage & Water Management Projects $50,000 FY20 Budget 5. 2501n Anniversary $60,000 FY20 Budget 6. Contract Settlements AND TO meet this appropriation, One Hundred Nine Thousand Five Hundred Dollars ($109,500) be appropriated from Free Cash in the Treasury of the Town, One Hundred Ten Thousand Dollars ($110,000) be raised and appropriated from taxation and other general revenues of the Town, and Ten Thousand Dollars ($10,000) be hereby transferred from the fourth appropriation item voted pursuant to Article 5 at the April 22, 2013 Annual Town Meeting for the purpose of funding the Pay Equity Study appropriation stated herein. A majority vote required. Motion adopted unanimously. Article 10: Massachusetts General Laws Chapter 91 Liability To see if the Town will vote to assume liability in the manner provided bythe MGL Chapter 91,Section 29,as amended,forall damagesthat may be incurred bythe workto be performed bythe Massachusetts Department of Environmental Protection for the improvement, development maintenance, and protection of tidal and non-tidal rivers and streams, great ponds, harbors, tidewaters, foreshores, and shores along a public beach in accordance with Section 11 of said Chapter 91 and to authorize the Selectmen to execute and deliver bond on indemnity therefore to the Commonwealth, or to take any other action related thereto. MOVED,that liability be assumed by the Town of Cohasset in the manner provided by the MGL Chapter 91, Section 29, as amended, for all damages that may be incurred by the work to be performed by the Massachusetts Department of Environmental Protection for the improvement, development maintenance, and protection of tidal and non-tidal rivers and streams, great ponds, harbors,tidewaters, foreshores, and shores along a public beach in accordance with Section 11 of said Chapter 91 and that the Board of Selectmen be hereby authorized to execute and deliver bond on indemnity therefore to the Commonwealth A majority vote required. Motion adopted unanimously. Article 11: Additional Real Estate Exemptions To see if the Town will vote to accept Section 4 of Chapter 73 of the Acts of 1986 to grant an additional real estate tax exemption of not more than one hundred percent (100%). Such additional exemption may be granted to persons who qualify for property tax exemptions under clauses 17, 17C %, 171), 22, 22A, 2213, 22C, 22D, 22E, 37, 37A, 41, 4113, 41C, 42 and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws and also, to see if the town will vote to accept the amendment of Clause 41C in accordance with Chapter 184,Section 51 of the Acts of 2002,to subsequently grant an additional real estate tax exemption of not more than one hundred percent (100%). Such additional exemption may be granted to persons who qualify for property tax exemption under clause 41C of Section 5 of Chapter 59 of the Massachusetts General Laws, or to take any other action related thereto. MOVED, that Section 4 of Chapter 73 of the Acts of 1986 be hereby accepted to grant an additional real estate tax exemption of not more than one hundred percent (100%), where such additional exemption may be granted to persons who qualify for property tax exemptions under clauses 17, 17C 12, 17D, 22, 22A, 2213, 22C, 22D, 22E, 37, 37A, 41, 4113, 41C, 42 and 43 of Section 5 of Chapter 59 of the Massachusetts General Laws and further, that the amendment of Clause 41 C in accordance with Chapter 184, Section 51 of the Acts of 2002, be hereby accepted to subsequently grant an additional real estate tax exemption of not more than one hundred percent (100%) where such additional exemption may be granted to persons who qualify for property tax exemption under clause 41C of Section 5 of Chapter 59 of the Massachusetts General Laws. A majority vote required. Motion adopted unanimously. Article 12: Increased Threshold for Personal Property Taxation To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 59, Section 5, Clause Fifty-Four to allow the town to exempt from taxation personal property below a certain minimum amount established by the town, provided that such minimum is not in excess of $10,000 of value; and further to see if the town will vote to establish the minimum value of personal propertysubject to taxation as$5000, commencing in Fiscal Year 2020, or take anyother action related thereto. Moved, that Chapter 59, Section 5, Clause 54 of the Massachusetts General Laws be hereby accepted, and that the minimum value of personal property subject to taxation shall be set at $5,000. A majority vote required. Motion adopted unanimously. Article 13: Community Preservation Committee To see if the Town will vote to hear and act on recommendations by the Community Preservation Committee for Fiscal Year 2020 pursuant to Chapter 44B of the General Laws, also known as the Community Preservation Act: to implement such recommendations by appropriating and/or reserving a sum or sums of money from the Community Preservation Fund established pursuant to such Act for (i) the administrative expenses and all other necessary and proper expenses of the Community Preservation Committee; (ii)the acquisition, creation and preservation of open space; (iii) the acquisition, preservation, rehabilitation and restoration of historic resources; (iv) the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; (v) the acquisition and preservation of historic resources; (vi) the acquisition, creation, preservation and support of community housing; and (vii) the rehabilitation or restoration of open space and community housing acquired or created under such Act; upon the recommendation of the Community Preservation Committee, to amend any votes previously adopted by Town Meeting on prior recommendations of the Community Preservation Committee; to authorize the Board of Selectmen with the approval of the Community Preservation Committee, to acquire by purchase, gift or eminent domain such real property interests in the name of or enforceable by the Town, or to authorize the conveyance of such real property interests, enforceable by third parties, as may be required by the Community Preservation Act, acting by and through the Board of Selectmen or such other Town board as the Board of Selectmen may designate, including real property interests in the form of permanent affordable housing restrictions, historical preservation restrictions and conservation restrictions that will meet the requirements of Chapter 184 of the General Laws, as may be necessary or proper to carry out the foregoing; or to take any other action related thereto. Source of Funds Use of Funds Amount CPC Revenue 1. Open Space/ Recreation Sub-Account $58,000 CPC Revenue 2. Historical Sub-Account $58,000 CPC Revenue 3. Affordable Housing Sub-Account $58,000 CPC Revenue 4. Administrative Sub-Account $29,000 Open Space/Rec 5. Cohasset Swim Center-Pool Restoration $400,000 Sub-Account & CPC Revenue Historical Sub 6. Government Island Oil House $18,000 Historical Sub 7. Paul Pratt Library-Digitize & Preservation $1,000 CPC Revenue 8. Debt Payment -Land Acquisition $23,093 MOVED, that the recommendations of the Community Preservation Committee be heard and acted upon as follows: That the following amounts be appropriated from the Fiscal Year 2020 Community Preservation Fund estimated revenues to the Community Preservation Fund accounts as follows: Source of Funds Use of Funds Amount CPC Revenue 1. Open Space/ Recreation Sub-Account $58,000 CPC Revenue 2. Historical Sub-Account $58,000 CPC Revenue 3. Affordable Housing Sub-Account $58,000 CPC Revenue 4. Administrative Sub-Account $29,000 AND that the following amounts be appropriated from the sources indicated for the projects identified: Source of Funds Projects Amount Open Space/Rec Sub- 5. Cohasset Swim Center— Pool Restoration $400,000 Account and CPC Revenue Historical Sub-Account 6. Government Island Oil House (Historical $18,000 Commission) Historical Sub-Account 7. Paul Pratt Library— Digitize & $1,000 Preservation Open Space/Rec Sub- 8. Debt Payment— Land Acquisition, $23,093 Account and CPC Revenue Article 12 (e) 2004 ATM AND, that after June 30, 2022, any residual unexpended portion of the sums noted as items 5, 6, and 7 shall not be further expended and shall be restored to the Community Preservation Fund from which the funds were drawn; AND, that for each of the above recommendations, the Board of Selectmen, or such other Town board as the Board of Selectmen may designate, be authorized to acquire by purchase or gift and hold in the name of or enforceable by the Town and to grant to a nonprofit organization, charitable corporation or foundation, such land, real property interests and permanent affordable housing restrictions, preservation restrictions and conservation restrictions that will meet the requirements of Chapter 184 of the General Laws, as may be necessary or proper to carry out the foregoing. Motion adopted by the requisite 2/3 vote. Article 14: Home Rule Petition for Legislation to Adopt Prudent Investor Rule To see if the Town will vote to request its representatives in the General Court to file with the General Court a home rule petition for the enactment of legislation to authorize the Town Treasurer, per the Town's cash and investment policy and in consultation with the Board of Selectmen, to invest Town of Cohasset funds in accordance with the Prudent Investor Rule; to authorize the General Court, with approval by the Board of Selectmen, to make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation to secure passage; or to take any action related thereto. AN ACT AUTHORIZING CERTAIN INVESTMENTS BY THE TREASURER OF THE TOWN OF COHASSET SECTION 1. Notwithstanding general or special law to the contrary, the treasurer of the town of Cohasset is hereby authorized to invest any funds of the town in the custody of the treasurer in accordance with sections 3, 4, 5, 8, and 9 of chapter 203C of the General Laws and in accordance with the town of Cohasset cash and investment policy, as the same may be amended by the town of Cohasset, acting by and through the Board of Selectmen, from time to time. SECTION 2. Section 54 of chapter 44 of the General Laws shall not apply to the town of Cohasset. SECTION 3. This act shall take effect upon its passage. MOVED, that the Town's representatives in the General Court be hereby requested to file with the General Court a home rule petition for the enactment of legislation to authorize the Town Treasurer, per the Town's cash and investment policy and in consultation with the Board of Selectmen, to invest Town of Cohasset funds in accordance with the Prudent Investor Rule; and that General Court be authorized, with approval by the Board of Selectmen,to make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation to secure passage. AN ACT AUTHORIZING CERTAIN INVESTMENTS BY THE TREASURER OF THE TOWN OF COHASSET SECTION 1. Notwithstanding general or special law to the contrary, the treasurer of the town of Cohasset is hereby authorized to invest any funds of the town in the custody of the treasurer in accordance with sections 3, 4, 5, 8, and 9 of chapter 203C of the General Laws and in accordance with the town of Cohasset cash and investment policy, as the same may be amended by the town of Cohasset, acting by and through the Board of Selectmen, from time to time. SECTION 2. Section 54 of chapter 44 of the General Laws shall not apply to the town of Cohasset. SECTION 3. This act shall take effect upon its passage. A majority vote required. Motion adopted unanimously. Article 15: Update to Animal Control Fines to Comply with State Law To see if the Town will vote to amend the Cohasset Bylaws, Section 69-7, as follows to comply with new fine requirements pursuant to Massachusetts General Law Chapter 140 Section 173A(old language in strikeaut, new language in bold) Section 69-7 Violations and Penalties Violations of Section 69-6 will result in the following penalties: A. First Violation: $2-5$50 B. Second Violation: �5 $100 C. Third violation: $5G $300 D. Fourth and subsequent violations: $500 or to take any action related thereto. MOVED, that the Cohasset Bylaws, Section 69-7, be amended as follows (old language in s+r�,it new language in bold) Section 69-7 Violations and Penalties Violations of Section 69-6 will result in the following penalties: A. First violation: $2-5$50 B. Second violation: $5$100 C. Third violation: $58 $300 D. Fourth and subsequent violations: $500 A majority vote required. Motion adopted unanimously. Article 16: - Electric Billing Aggregation To see if the Town will vote to authorize the Town Manager and the Board of Selectmen, or their designee, to exercise the authority granted under M.G.L. c. 164, s. 134 "Load Aggregation Programs" to initiate a process for the aggregation of the Town's total electric power load, municipal and private, commercial and residential, and as a consequence thereof to allow for the entering into a contract or contracts, alone as a Town or in concert with a group of other municipalities, for the aggregated purchase of electric utility service and related services on behalf of the Town and on behalf of all private commercial and residential ratepayers in the Town. Further, to authorize the Town Manager and the Board of Selectmen, or their designee, upon passage of this Article, to develop the plan described in said c.164, s.134 setting forth "the process and consequences" of aggregation and the implementation of the aggregation program, for further adoption by Town Meeting. Preparation of the plan or plans will be in conjunction with, and the certification of, the state Dept. of Energy Resources as set forth in said c. 164, s. 134, or to take any action related thereto. MOVED, that the Board of Selectmen and Town Manager, or their designees, are authorized to study electrical aggregation and develop a plan which would meet the plan standards described in M.G. L chapter 164 section 134 to provide for the aggregation of the Town's total electric power load, municipal and private, commercial and residential, either alone as a Town or in concert with a group of other municipalities. The study and resulting plan authorized by this vote is not to be deemed the vote to initiate the electric aggregation process described in M.G. L chapter 164, section 134. A majority vote required. Motion adopted unanimously. Article 17: Rescind Voluntary Check-off for Elderly Tax Abatement To see if the Town will vote to rescind the acceptance of Massachusetts General Law Chapter 60, Section 3D, adopted as Article 8 on the warrant of Annual Town Meeting on March 25, 2000, which established a voluntary tax check-off to support an Elderly and Disabled Taxation Fund for the purpose of defraying the real estate taxes of elderly and disabled persons of low income, or to take any other action related thereto. MOVED, that the acceptance of Massachusetts General Law Chapter 60, Section 3D, adopted as Article 8 on the warrant of Annual Town Meeting on March 25, 2000 be rescinded. A majority vote required. Motion adopted unanimously. Article 18: Zoning Amendment: Harbor Village Business Overlay District To see if the Town will vote to amend the Cohasset Zoning Bylaw, by adding a new Article 22, sections 300-22.1 through 300-22.9, as set forth below, or to take any other action related thereto. Harbor Village Business Overlay District Section 300-22.1 Purpose: A. The following are the purposes of this Harbor Village Business Overlay District Bylaw ("HVBOD") (1) To encourage a vibrant mix of uses, including multifamily residential,to support increased public access to and commercial activity within Cohasset Harbor. (2) To activate the edges of Border Street and Summer Street and the Cohasset waterfront, allowing commercial uses to contribute to public activity in the area. (3) To encourage physical and commercial links between Cohasset Harbor and Cohasset Village, anchoring Elm Street at each end with a complementary mix of commercial and residential uses. (4) To ensure that new development in the Harbor area is consistent with a local and state-approved Municipal Cohasset Harbor Plan, including the requirements for public access under Massachusetts General Laws Chapter 91. B. The Town considers the mix of residential and commercial uses and public access to the Harbor in the HVBOD to be one of the fundamental purposes of Zoning Bylaw Article 22. 300-22.2 Location and boundaries. The location and boundaries of the HVBOD are the Village Business District that abuts Border Street and the parcel within the Waterfront Business District at the junction of Border, Margin, and Elm Streets, excluding any other areas in the Town that are zoned Village Business or Waterfront Business. Said overlay district is comprised of Cohasset Assessors' plots Map F5, Lot 30, Block 21; Map F5, Lot 27, Block 004; Map F5, Lot 27, Block 003; Map F5, Lot 27, Block 002; Map F5, Lot 27, Block 001; Map F5, Lot 32, Block 021; and Map F5, Lot 32, Block 022, all in accordance with a map showing the boundaries of such HVBOD dated April 29, 2019. The HVBOD created herein shall be deemed to be an overlay district. The requirements set below shall constitute an alternative set of standards for development and use of real estate within this new boundary; provided, however, that a special permit in accordance with this Zoning Bylaw Article 22 is granted by the Cohasset Planning Board. If such a special permit is not sought, is not granted, or lapses, then all requirements of the underlying districts shall apply to the land, but the alternative standards for development and use of real estate within said Village Business District and Waterfront Business District, as provided in this Zoning Bylaw Article 22, shall not apply. 300-22.3 Definitions For the purposes of this Zoning Bylaw Article 22, the following terms and words are given the meanings stated below: CO-WORKING SPACE A building or portion thereof consisting of a shared office environment, which contains desks or other workspaces and facilities, including but not limited to, dedicated workstations, office suites, meeting rooms, event space, resource libraries, and business or administrative support services, and is used by a recognized membership who share the site to interact and collaborate with each other as part of a community. Rules for membership and participation in the co-working space are explicit, transparent, and available to the public. Co-working spaces may host classes or networking events which are open either to the public or to current and prospective members. TEMPORARY HVBOD USE, A programmed activity, retail, food-related, or water-dependent use that is available seasonally and serves the public. Such use may include one or more of the following: a seasonal or regularly scheduled outdoor exercise class or other group activity; a kiosk, stand, or truck selling goods or food; and a kayak, paddleboard, or other non-motorized boat rental. 300-22.4 Procedures. A. Any development, use and/or change of use allowed pursuant to this Article 22 shall require an application for a special permit in the HVBOD, and for site plan review pursuant to § 300-12.6 of the Cohasset Zoning Bylaw, to be filed with the Town Clerk with a copy filed forthwith with the Cohasset Planning Board and shall be accompanied by 18 copies of a site plan of the entire tract under consideration, prepared by a professional engineer, architect, or landscape architect. B. Said application and plan shall be prepared in accordance with the requirements for a site plan review in the rules and regulations for site plan review as adopted by the Cohasset Planning Board, inclusive of all checklists, and shall include the proposed location, bulk, and height of all proposed buildings. In addition, the applicant shall provide the following information: (1) An analysis of the site, including wetlands, slopes, soil conditions, areas within the one-hundred- year floodplain, trees over eight inches in diameter and such other natural features as the Cohasset Planning Board may request. (2) A summary of the environmental concerns related to the proposed site plan. (3) Sufficient information, including soil evaluation and percolation test data, in accordance with the rules and regulations of the Cohasset Board of Health and applicable Department of Environmental Protection regulations, to make a determination that adequate provision is made for the disposal of septic waste or written confirmation from the Town of Cohasset Sewer Commission detailing an agreement to accept the proposed wastewater flow. (4) A description of the neighborhood in which the lot lies, including utilities and other public facilities, and the impact of the proposed plan upon them. (5) Design characteristics shall be shown through rendering or elevations and shall include, but not be limited to, building material, architectural design, streets, site and building landscaping. (6) A municipal fiscal impact analysis of the proposed use and development upon the Town. (7) Any other information required bythe Cohasset Planning Board in the rules and regulations adopted by it with respect to such special permit process. C. The Cohasset Planning Board shall hold a public hearing under this Zoning Bylaw Article 22 and take action thereupon, in conformity with the provisions of MGL c. 40A, §§ 9 and 11. D. A special permit issued under this Zoning Bylaw Article 22 shall not be a substitute for compliance with the site plan review requirements of § 300-12.6 of the Cohasset Zoning Bylaw where such compliance is required pursuant to applicable law. The granting of a special permit pursuant to this Zoning Bylaw Article 22 shall not constitute a waiver of any requirement of § 300-12.6, as above. However, to facilitate processing, the Cohasset Planning Board may accept a combined plan and application which shall satisfy the requirements of this Zoning Bylaw Article 22 and § 300-12.6 of the Cohasset Zoning Bylaw where applicable. 300-22.5 Uses. A. Special permit uses. One or more of the following single uses or mixed uses, in a single structure or in multiple standalone structures, of such features and dimensions as will be in compliance with the design and performance standards of § 300-22.6, the parking rules of § 300-22.7 and the dimensional requirements of § 300-22.8, are permitted in the HVBOD by grant of the special permit described in this Zoning Bylaw Article 22, if involving one or more of the following: (1) Dwelling units in multifamily format in combination with one or more of the uses below. (2) Stores for the sale of goods at retail, including dry goods, food, apparel and accessories, furniture and home furnishings, smallwares, and hardware. (3) Restaurants(other than fast-food restaurants)serving foods or beverages from within the premises. (4) Personal service establishments, including beauty salon, barbershop, tailor, etc. (5) Civic, cultural and community facilities. (6) Offices and other business establishments. (7) Temporary HVBOD Use, as defined in this bylaw, accessory to the special permit use. (8) Co-Working Space, as defined in this bylaw. (9) Buildings and uses accessory to the above, including ground floor parking accessory to dwelling units. B. Prohibited uses. Any use that is not an allowed use (by right or special permit) in the Village Business or Waterfront Districts shall be prohibited in HVBOD, except as allowed by a special permit issued pursuant to this Zoning Bylaw Article 22. 300-22.6 Design and Performance Standards. In addition to the requirements and procedures set forth in § 300-12.4, applications for special permits in HVBOD shall be subject to the additional required performance standards included in this Section 300-22.6 A. In addition to other findings of compliance as required pursuant to this bylaw, a special permit shall not be granted by the Cohasset Planning Board unless and until the Cohasset Planning Board has issued written findings certifying compliance with the performance standards of this Section 300-22.6, as follows: (1) The maximum allowable floor area ratio (FAR) shall be 1.0; however, the maximum allowable FAR may be increased by the special permit granting authority, provided that any such increase in FAR shall not entitle the applicant to relief from other dimensional requirements of this bylaw and the approved use with a FAR greater than 1.0 will provide a public benefit in addition to those necessary to meet all the other requirements of this bylaw, including but not limited to: construction of off-site infrastructure serving a public purpose, such as parking and streetscape improvements, or exceeding the requirements under §300-4.3 N, with inclusionary zoning units located within HVBOD or on the project site. (2) The total residential gross floor area of a dwelling unit in the HVBOD shall be not less than 700 square feet nor more than 3,000 square feet. (3) Ground floor parking must be screened from view of the public right-of-way by landscape treatment appropriate to the area as determined by the special permit granting-authority. (4) For waterfront projects within or partially within the jurisdiction of Chapter 91 of the Massachusetts General Laws, the applicant must meet the requirements for open space and facilities of public accommodation as defined by Chapter 91 or by the requirements of a state-approved Municipal Cohasset Harbor Plan, when such plan is in effect. At a minimum, the applicant must provide open space, including a walkway, that is accessible to the public and that connects to a public right-of- way and to a harbor-wide walkway, should such walkway be built. The applicant must also provide a view corridor easement that aligns with the southern edge of Elm Street, allowing visual access across the parcel to Cohasset Harbor from the public right-of-way. (5) In addition to the required performance standards in this Section 300-22.6, the Cohasset Planning Board may adopt regulations establishing additional design guidelines for development in HVBOD. (6) In granting a special permit, the Cohasset Planning Board may impose conditions on building and site design to ensure the architectural compatibility with the surrounding neighborhood, and to ensure consistency with approved design guidelines. (7) The Cohasset Planning Board shall not take final action on a special permit application proposing any expansion or exterior renovation of a building in the HVBOD that was built prior to January 15, 1955, until first requesting, in addition to those reports detailed in § 300-12.413, a report thereof from the Historical Commission, or until the Historical Commission has allowed 35 days to elapse after receipt of a copy of such application without submission of a report. Reasons for not accepting any of the comments and recommendations of the Historical Commission shall be noted by the Cohasset Planning Board in the final action on the application. B. In HVBOD, the Cohasset Planning Board may allow dwelling units on ground floors of buildings only where: (1) A minimum of 15% of the building area (excluding basement and underground parking) is dedicated to publicly accessible ground floor commercial or non-residential (excluding parking) uses, including seasonal commercial uses. Of this 15% minimum, a maximum of 5% of the total building area may be dedicated to outdoor seasonal use, such as the outdoor eating area for an adjacent cafe or restaurant or for seasonal temporary uses. For a project adjacent to the waterfront, 10 feet of the 25-foot setback required from the shoreline may be included in this required area. Notwithstanding the foregoing, the special permit granting authority may waive this minimum if the Applicant provides sufficient evidence of active uses on the ground floor. (2) For waterfront projects, the location of the dwelling units on the ground floor is not in conflict with the requirements of Chapter 91, and a state-approved Municipal Cohasset Harbor Plan. (3) The applicant demonstrates, and the special permit granting authority specifically finds, that first floor residential uses will not have an adverse impact on the continuity of any retail or services uses located adjacent to a public right-of-way, including the shoreline of the Cohasset Harbor. C. The Cohasset Planning Board shall be the special permit granting authority for uses identified by the letters "SPP" in § 300-4.2, the Table of Use Regulations. A special permit issued pursuant to this Zoning Bylaw Article 22 shall not be a substitute for compliance with § 300-12.6, Site plan review, of this Zoning Bylaw where such compliance is required pursuant to applicable law.The grant of a special permit pursuant to this Zoning Bylaw Article 22 shall not constitute a waiver of any requirement of § 300-12.6. However, to facilitate processing, the Cohasset Planning Board as special permit granting authority may accept a combined plan and application which must satisfy all applicable requirements of this Zoning Bylaw, including without 10Knitation the requirements of § 300-12.4, § 300-12.6, this Zoning Bylaw Article 22 and the rules of the special permit granting authority relative to issuance of special permits. 300-22.7 Parking Standards. A. Parking requirements within HVBOD shall be consistent with the requirements of § 300-7.1, with the following exception: (1) Dwelling for occupancy by more than 1 family: 1 1/2 spaces per unit on same or contiguous lot in common ownership subject to covenant to assure permanent use for off-street parking, as the Cohasset Planning Board deems adequate. (2) On any lot in HVBOD that serves more than one use, the total number of spaces required for a development (taken as a whole) may be reduced, provided that the applicant submits credible evidence to the satisfaction of the Cohasset Planning Board that the peak parking demand of the uses does not coincide, and that the accumulated parking demand at any one time shall not exceed the total capacity of the facility. Such evidence must take into account the parking demand of residents, employees, customers, visitors, and any other users of the lot. It must also take into account parking demand on both weekends and weekdays, and both during the daytime and overnight. Parking may be provided on a lot within 100 feet of the principal lot subject to covenant to assure permanent use for off-street parking, as the Cohasset Planning Board deems adequate. 300-22.8 Dimensional requirements. A. A building shall have no minimum front yard setback, in order to encourage the continuation of the existing street wall. However, buildings with more than 2 stories shall be required to step the upper story back by a minimum of 10 feet from the public right-of-way. B. A building on the waterfront shall have a minimum set back of 25 feet from the shoreline. C. Maximum height is 35 feet above Base Flood Elevation (BFE). D. Maximum structural coverage is limited to 80%. E. The minimum setback for a side yard shall be 10 feet from any adjacent residential building. 300-22.9 Further requirements. A. Section 300-16.11C of the bylaw shall not apply to HVBOD. B. No certificate of occupancy shall be issued by the Building Inspector until he has certified to the Cohasset Planning Board that the premises have been built in accordance with the plan approved hereunder. C. The Cohasset Planning Board shall adopt, and from time to time amend, rules and regulations consistent with provisions of this Zoning Bylaw, Chapter 40A of the General Laws, and other applicable provisions of the General Laws, and shall file a copy of said rules and regulations with the Town Clerk. Such rules and regulations shall, subject to provisions of Zoning Bylaw 300-12.4, prescribe as minimum the size, form, contents, style and number of plans and specifications, the Town boards or departments from which the Cohasset Planning Board shall request written reports and the procedure for submission and approval of a special permit under the provisions of this Zoning Bylaw article 22. The Cohasset Planning Board shall also specify the fees to be paid in connection with application for a special permit for an HVBOD, bonding requirements to satisfy conditions of approval, and owner/occupancy reporting requirements to satisfy compliance with the age and affordability restrictions. Other specifications as deemed necessary by the Cohasset Planning Board shall be included in the rules and regulations. Failure to adopt such rules and regulations shall not affect the validity of this Zoning Bylaw Article 22, or to take any other action related thereto. MOVED, that the Zoning Bylaws of the Town of Cohasset are hereby amended as printed in the Warrant. Motion adopted by the requisite 2/3 vote. Article 19: Citizen's Petition -Amend Sewer District Map To see if the Town will authorize the amendment of, and take such other action as deemed appropriate to amend, the existing "Sewer District Map" prepared by Coughlin Environmental Services, Inc., dated April 2014, to allow for the expansion of the Central Cohasset Sewer District to include the following parcels outlined in bold on the attached portion of said "Sewer District Map" : 124 King Street (Parcel ID: C6-70-004), 130 King Street (Parcel ID: C6-70-003), 152 King Street (Parcel ID: C6-70-002), 154-156 King Street (Parcel ID: C6-70-001), 166 King Street (Prop. Id.: C6-43-006), King Street (Parcel ID: C6-43-005), 190 King Street (Parcel ID: C6-43-004), Sohier Street (Parcel ID: C6-43- 005A), 380 C J Cushing Hwy(Prop. Id.: C6-43-003), C J Cushing Hwy(Parcel ID: D6-42-028A), 400 C J Cushing Hwy (Prop. Id: D7-42-028), C J Cushing Hwy (Prop. Id: D7-42-040), C J Cushing Hwy (Prop. Id: D6-42-041), 210 Sohier Street (Parcel ID: D6-42-025). Name: Address: Name: Address: Barbara L. O'Pray 172 Beach Street Motoko T. Deane 90 Gammons Road Diana M. Karcher 264 N. Main Street Arthur M. Pompeo, Jr. 11 Ripley Road. Glenn Pratt 482 King Street Elizabeth B. Baker 32 Nichols Road Victoria Hurley 136 Border St. Paul C. Kierce 39 Old Coach Rd. Ralph S. Dormitzer 111 Atlantic Ave Marisa C. Cianci 488 Jerusalem Road Moved,that the subject matter of this article be indefinitely postponed. A majority vote required. Motion adopted unanimously. Article 20: Citizen's Petition-Conservation Restriction To see if the Town will vote to apply to the Secretary of Environmental Affairs pursuant to Section 31-33 of Chapter 184 of the General Laws and any other applicable law to place a Conservation Restriction to be held in perpetuity by the Cohasset Conservation Trust or other non-profit conservation or land trust organization on two parcels of land on Beach Street in Cohasset identified bythe Assessor as Map 28, Lot 42 (.68 acres) and Map 28, Lot 42A(.81 acres),to preserve the natural beauty and unique qualities of these parcels and Beach Street, a Scenic Roadway designated under Cohasset General By- Laws, Article II, Section 228-12; or take any other action relative thereto. Name: Address: Name: Address: Deborah A. Shadd 31 Summer St. Amy Mae Carpenter 10 Hill St. Jeffrey C. Waal 36 Old Pasture Rd. Sandra Durant 16 Beach St. Eleanor M. Waal 36 Old Pasture Rd. Lindsey H. Durant 16 Beach St. Katherine K. Holden 29 Norfolk Rd. Elizabeth A. Dunne 21 Beach St. Patrick J. Cody 29 Norfolk Rd. Mark Dunne 21 Beach St. Moved,that the subject matter of this article be indefinitely postponed. A majority vote required. Motion adopted unanimously. Article 21: Citizen's Petition-Release of Water Easement To see if the Town will authorize the Board of Selectmen as successor to the Cohasset Water Company, or the Cohasset Water Commission, or both as it may appear, to take any such actions deemed appropriate so as to release, terminate, convey, or transfer all of its right, title, and interest, whether in fee, easement, or otherwise, in and to a certain Order of Taking recorded at the Norfolk County Registry of Deeds at Book 2868, Page 541, insofar only as such right, title, and interest relates to land now known and numbered as 25 James Lane (Parcel Id. E6-39-011) and as 30 Pleasant Street (Parcel Id. E6-39-091), respectively, underneath which has been laid a water pipe that is no longer utilized or necessary, and provided that the owners of the said properties cut and cap at the street lines any such pipe if it exists. Or act on anything relating thereto. Name: Address: Name: Address: David Bigley 25 James Ln. Merle S. Brown 546 Beechwood St. Alix P. White 25 James Ln. Thomas J. Callahan 35 Hillside Dr. Isabella Maria Trebes 25 James Ln. Steven R. Wenner 195 Hull St. Peter J. Pescatore 12 Lantern Ln. Francis D. Collins 404 S. Main St. Deborah S. Cook 281 King St. Gail J. Collins 404 S. Main St. MOVED, that the Board of Selectmen as successor to the Cohasset Water Company, or the Cohasset Water Commission, or both as it may appear, be authorized to take any such actions deemed appropriate so as to release, terminate, convey, or transfer all of its right, title, and interest, whether in fee, easement, or otherwise, in and to a certain Order of Taking recorded at the Norfolk County Registry of Deeds at Book 2868, Page 541, insofar only as such right, title, and interest relates to land now known and numbered as 25 James Lane (Parcel Id. E6-39-011) and as 30 Pleasant Street (Parcel Id. E6-39-091), respectively, underneath which has been laid a water pipe that is no longer utilized or necessary, and provided that the owners of the said properties at their sole expense cut and cap at the street lines any such pipe if it exists, and that any costs associated with carrying out this vote and/or removal of any such pipe if it exists on said properties shall be solely at the expense of the private property owners, and if otherwise applicable by operation of law that any transfers of property interests be hereby authorized pursuant to Chapter 40 Section 15A of the General Laws to carry out the foregoing. A 2/3 vote required. Motion adopted unanimously. Article 22: Citizen's Petition -Electric Billing Aggregation To see if the Town will authorize the Town Manager and the Board of Selectmen, or their designee, to exercise the authority granted under M.G.L. c. 164, s. 134 "Load Aggregation Programs" to initiate a process for the aggregation of the Town's total electric power load, municipal and private,commercial and residential, and as a consequence thereof to allow for the entering into a contract or contracts, alone as a Town or in concert with a group of other municipalities, for the aggregated purchase of electric utility service and related services on behalf of the Town and on behalf of all private commercial and residential ratepayers in the Town. Further, to authorize the Town Manager and the Board of Selectmen, or their designee, upon passage of this Article, to develop the plan described in said c. 164, s. 134 setting forth "the process and consequences" of aggregation and the implementation of the aggregation program, for further adoption by Town Meeting. Preparation of the plan or plans will be in conjunction with, and the certification of, the state Dept. of Energy Resources as set forth in said c. 164, s. 134. Or take any other action related thereto. Name: Address: Name: Address: Thomas J. Callahan 35 Hillside Dr. Kathryn Earle 42 Wheelwright Farm Marie Caristi-MacDonald 2814 Sky View Way Liliane Miller 195 Hull St. Peter Pescatore 12 Lantern Ln. Steven R. Wenner 195 Hull St. David Bigley 25 James Ln. Gail Collins 404 S. Main St. Kathryn Dunn 715A Jerusalem Rd. Francis Collins 404 S. Main St. Moved,that the subject matter of this article be indefinitely postponed. A majority vote required. Motion adopted unanimously. It was moved and seconded that this Annual Town Meeting be dissolved at 9:27 P.M. A True Copy ATTEST: Carol L. St. Pierre, Town Clerk