ANNUAL TOWN MEETING MINUTES
May 7, 2007
The Annual Town Meeting opened at 7:10 p.m. with 137 registered voters in attendance during the two sessions of the meeting. (Met 5% quorum requirement of 25 voters.) Business was concluded at the May 14 session.
ARTICLE 1: VOTED to accept the reports of Town Officers and Committees for FY 2006.
ARTICLE 2: VOTED to authorize the Town Treasurer / Tax Collector to enter into compensating balance agreements during Fiscal Year 2008 as permitted by Massachusetts General Laws Chapter 44, Section 53F.
ARTICLE 3: VOTED to authorize the Board of Selectmen to apply for and accept state or federal grants, and to expend any moneys received as set forth in the appropriate grant application.
ARTICLE 4: VOTED as AMENDED to authorize the following revolving funds in accordance with Massachusetts General Law, Chapter 44, Section 53E ½.
A. Fees for Board of Health Septic inspections will be deposited into a revolving fund and expended to pay the personnel performing the inspections and related expenses. The fund will be under the authority of the Board of Health and total expenditures for the fiscal year commencing on July 1, 2007, will be limited to Two Thousand Dollars ($2,000.00)
B. Fees collected for burials by the Cemetery Commission or Board of Selectmen will be deposited into a revolving fund to pay personnel for the purpose of preparing the burial lot(s). The fund will be under the authority of the Cemetery Commission, and total expenditures for the fiscal year commencing on July 1, 2007, will be limited to Two Thousand Dollars ($2,000.00).
C. Fees and reimbursements for costs of public hearings held by the Board of Selectmen, and Zoning Board of Appeals will be deposited into a revolving fund and expended to pay the costs of advertising, recording fees, training, reference materials and expenses related to the hearings. The fund will be under the authority of the Board of Selectmen, and total expenditures for the fiscal year commencing on July 1, 2007, will be limited to Three Thousand Dollars ($3,000.00).
Amendment to strike the words “Planning Board” from Paragraph C passes.
D. Fees for inspections conducted by the Plumbing and Gas Inspector will be deposited into a revolving fund and expended to pay the Inspector for performing said inspections. The fund will be under the authority of the Board of Selectmen, and total expenditures for the fiscal year commencing on July 1, 2006, will be limited to Two Thousand Dollars. ($2,000.00) If this fund is not reauthorized for the fiscal year commencing July 1, 2008, the balance will close out to surplus revenue at the close of Fiscal Year 2008.
E. Cleaning deposit fees retained by the Town, related to the use of Town Hall, will be deposited into a revolving fund and expended to pay the Town Hall Janitor for extra cleaning required after the use of Town Hall by any person or group which forfeits its cleaning deposit. The fund will be under the authority of the Board of Selectmen, and expenditures shall not exceed Two Thousand Dollars ($2,000.00) for the fiscal year commencing July 1, 2007.
F. Funds received from the sale of timber from Town owned land will be deposited into a revolving fund and expended to pay the costs of professional forestry management services and related expenses. The fund will be under the authority of the Forestry Committee and total expenditures for the fiscal year commencing on July 1, 2007, will be limited to Two Thousand Dollars ($2,000.00).
G. Funds received from the sale of dog licenses or from loose dog fees collected will be deposited into a revolving fund to pay for expenses incurred for licensing expenses, and the care and kenneling of animals in the custody of the Animal Control Officer. The fund will be under the authority of the Chief of Police and the total expenditures in the fiscal year commencing July 1, 2007, shall not exceed $500.00.
H. Fees collected by the Planning Board’s Zoning Program will be deposited into a revolving fund and expended to pay costs associated with the Planning Board’s Zoning Program such as zoning related hearings, zoning public notification, and zoning training of board members. The fund will be under the control of the Selectboard, total expenditures for the fiscal year commencing July 1, 2007, will be limited to three thousand dollars ($3,000).
ARTICLE 5: VOTED as AMENDED to hold the Annual Town Election on the third Monday in May.
Amendment to change date from second to third Monday in May passes. 79-YES, 7- NO.
ARTICLE 6: VOTED as AMENDED to raise and appropriate by taxation such sums of money as may be necessary to defray expenses, the amount estimated by the Board of Selectmen and the Finance Committee for the Fiscal Year commencing July 1, 2007, or actin relation thereto, forthe purposes designated in the budget that follows, or any other amounts for such purposes, which shall not exceed the amounts stated in the column designated “FY 2008 requested”. Each item shall be considered a separate appropriation. This article shall also act to fix the salaries and compensation of elected officials as required by Massachusetts General Law, Chapter 41, Section 108.
Requested salaries and compensation for elected officials:
Moderator $125
Selectboard $1200
Assessors $1500
Town Clerk $5382
Tree Warden $500
Board of Health $1553
Cemetery Commission $600
ARTICLE 7: VOTED unanimously to transfer from Capital Stabilization the sum of $5000 to the Town Hall Improvement Account. (2/3 vote required)
ARTICLE 8: VOTED to postpone discussion of this article until May 14 session. TABLED as AMENDED to eliminate the position of Town Coordinator, effective July 1, 2007.
Amended to change effective date to Dec. 1, 2007 passes.
John Columbus, Town Coordinator, announced that he reached an agreement with the Board of Selectmen that his last date of employment with the Town will be Nov. 30, 2007.
ARTICLE 9: TABLED to create a new 23 hour position of Administrative Assistant to the Selectmen, effective July 1, 2007, and to appropriate from taxation, transfer, or otherwise raise and appropriate the amount of $20, 715 to pay the Administrative Assistant during the fiscal year starting July 1, 2007. The Board of Selectmen or Personnel Committee shall prepare the job description for the Administrative Assistant, which shall include coordination of the annual budget process and grant writing for town departments and community projects.
ARTICLE 10: VOTED unanimously as AMENDED to transfer from Capital Stabilization the sum of $3000 to layout, survey, purchase and set bounds for Garage Road / Hettie – Belle Lane. (2/3 vote req)
Amendment to transfer money from Stabilization rather than raise and appropriate passes.
ARTICLE 11: VOTED to PASS OVER to see if the Town will vote to raise and appropriate the sum of $5,500 to be combined with monies from other years to conduct a multi-year audit of Town funds.
ARTICLE 12: VOTED to transfer from Free Cash the sum of $2018 to the Mary Ann Hastings Fund.
ARTICLE 13: VOTED to raise and appropriate the sum of $2,500 for two new two-way radios for the Highway Department.
ARTICLE 14: VOTED to raise and appropriate the sum of $2,500 for a chain link fence to surround the diesel fuel tank at the Highway Garage to come into compliance with state regulations.
ARTICLE 15: VOTED unanimously to raise and appropriate the sum of $3545 to pay prior year bills to Atlantic Broom. (4/5 vote req)
ARTICLE 16: VOTED unanimously to raise and appropriate the sum of $25 to pay a prior year bill to the Athol Daily News. (4/5 vote req)
ARTICLE 17: VOTED unanimously to raise and appropriate the sum of $14,000 to erect a veterans monument.
ARTICLE 18: VOTED to raise and appropriate the sum of $2,000 to refurbish the storm windows at the Warwick Free Public Library.
ARTICLE 19: VOTED to transfer from Capital Stabilization the sum of $10,000 to repair the Town Clock. (2/3 vote req) 79- YES, 3- NO
ARTICLE 20: VOTED to transfer from “Free Cash” $50,000 to reduce the FY 2008 tax levy.
ARTICLE 21: VOTED as AMENDED to transfer from the Landfill Closure Account the sum of $15,000 to reduce Transfer Station Expense.
Amendment to transfer $15,000 rather than $11,000 passes.
ARTICLE 22: VOTED to transfer from Free Cash the sum of $9,750 to the Audit Town Finance account.
ARTICLE 23: VOTED to accept Massachusetts General Laws Chapter 59, Section 57C for the purpose of establishing a semi-annual preliminary tax billing system to be effective beginning in Fiscal Year 2008.
ARTICLE 24: VOTED to accept Massachusetts General Laws Chapter 41, Section 108P, for the purpose of establishing additional compensation for a certified Massachusetts municipal collector or treasurer, to be effective beginning in FY 2008.
ARTICLE 25: VOTED to transfer from Free Cash the sum of $458.48 to the Tax Collector’s Expense Account (to fund payments of real estate tax bills from FY 1989 through FY 1996). (4/5 vote req)
Motion to pass over FAILS.
ARTICLE 26: VOTED to accept Massachusetts General Laws Chapter 39, Section 23D which would permit local board members who miss a single session of an adjudicatory hearing before their board to be able to vote on the matter provided they review the evidence submitted at the missed hearing and file a certificate to that effect, and said provisions to be applicable to all types of adjudicatory hearings.
ARTICLE 27:PASSED OVERto accept the following driveway bylaw, or act in relation thereto:
1. Surfaces: Within the first six feet of the entrance to the traveled road surface of any new driveway, the driveway material shall at least match that of the existing road.All new and existing driveways shall be adequately constructed and maintained to prevent surface water, sand, gravel or other debris from washing out into the road throughout the entire year.
2. Culverts: All new and existing culverts that are located in a property owner’s driveway are the responsibility of the property owner. The culverts must be maintained, including replacement, and kept clear of sand, gravel, leaves and other debris to allow passage of run-off water throughout the year at full designed capacity.
3. Enforcement and Penalty Phase:
First: A 30-day notice of non-compliance will be sent from the Highway Superintendent requesting the property owner to contact the Highway Superintendent and take appropriate corrective actions.
Second: If the property owner does not reply or take appropriate corrective actions, the Highway Department may take appropriate steps to correct the driveway problem and bill the property owner for the repairs and services.
Third: If the property owner fails to pay for the repairs made by the Highway Department, the cost will be added to their tax bill
ARTICLE 28: VOTED as AMENDED to delete Section 7 of the Town of Warwick Zoning Bylaws and replace the deleted section with the following Section 7. (2/3 vote req)
77-YES, 37-NO
Motion to pass over FAILS.
SECTION 7: RATIONAL GROWTH
A. PURPOSES:
To promote orderly growth consistent with the rate of growth in the Town of Warwick over the previous ten calendar years; to avoid straining the community’s ability to provide the town, its boards, and its agencies with information, time, and capacity to incorporate such growth in its plans and the regulation of the community; to encourage housing accessible to under-served and lower-income residents and potential residents; to allow time for the Zoning Task Force and the Planning Board to rewrite the Zoning By-laws and Subdivision Regulations, and to further the general purposes set forth in Section 1(A) of these By-Laws.
B. GENERAL PROVISIONS:
1. Issuing Building Permits: The Building Inspector shall issue building permits for
construction of new dwellings and for conversion of and/or additions to existing dwellings only if the application complies with the provisions of Section 7 of the Warwick Zoning By-Laws.
2. Applicability: The regulations of this section shall apply to all existing lots except as provided for in MGL Chapter 40A, Section 6, definitive subdivision plans, and Special Permits that would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development for purposes of Rational Growth if located on either a single parcel or on contiguous parcels of land in the same beneficial ownership or under the same contract for development or that appear to be related at the time an application is submitted. The Building Inspector shall determine beneficial ownership and relationship.
3. Time Limit: A building permit expires 6 months from the date of initial issuance unless construction is initiated before the expiration date or an extension is granted as specified in State Building Code Paragraph 780 CMR 111.8. Amending the permit does not extend the expiration date. An applicant may, however, apply for a new permit.
4. Protection Against Zoning Changes: Protection against zoning changes granted to land in a subdivision under Massachusetts General Laws Chapter 40A, Section 7, subsequent to granting an initial permit shall, in the case of development whose completion has been impeded by Town actions taken under this section shall be extended ten years from the date of initial issuance.
5. Termination Date: Section 7 of these By-Laws, entitled “RATIONAL GROWTH,” shall expire five years from the date of enactment.
6. Duplexes: A building permit for two dwelling units in one principal structure shall count as one (1) Building Permit for purposes of the town-wide total; in a development, however, each unit of a duplex will count as one (1) dwelling unit toward the town-wide total.
C. RESIDENTIAL LIMITATION:
1. Town-Wide Limit: Except as provided below, a town-wide total of not more than six (6) new dwelling units shall be authorized by the Town within any one calendar year.
2. General Applicants: Not more than two (2) dwelling units shall be authorized via Building Permit for any one applicant within any calendar year, except as provided below.
3. Conservation Development Projects (see Section 6, above): Permits for up to four (4) dwelling units may be issued to an applicant of an approved Conservation Development Project. The four (4) dwelling units or any fraction thereof will count as one (1) unit toward the town-wide limit.
4. Affordable Housing Subdivision: Building permits for up to four (4) dwelling units may be obtained by the same applicant upon receiving final approval for a subdivision project that includes at least twenty percent (20%) affordable housing as defined in Massachusetts General Laws Chapter 40B. Every four (4) such permits, or any fraction thereof, will count as one (1) toward the town-wide limit.
5. Affordable Housing Conservation Development: (See Section 6 of these Zoning By-laws): Building permits for up to twelve (12) dwelling units may be obtained by an applicant of an approved Conservation Development Project that includes a minimum of twenty percent (20%) affordable housing as defined in Massachusetts General Laws Chapter 40B. Every six (6) dwelling units or fraction thereof, will count as one (1) unit toward the town-wide limit.
D. EXEMPTIONS:
1. Family Lot: A single permit for construction of one dwelling unit or principal structure by and for a family member related by birth, marriage, civil union, or adoption (a child, parent, grandparent, sibling, or spouse) on a lot created when a resident divides land and transfers it to said family member is exempt from the town-wide limit provided for in Section 7.C.1 for ten years from the date of transfer, and the Building Permit will not count against the town wide limit. The grantee may only exercise this option once in a lifetime.
2. Family Conversion: Conversion of a resident-owner’s principal structure to provide living quarters for a family member, whether or not the footprint of the structure is altered, is exempt from the town-wide limit, Section 7.C.1, and the Building Permit will not count against the town wide limit.
3. Small-Unit Conversion Exemption: Conversion of a principal structure to contain a dwelling unit of 800 square feet or less, where the footprint of the structure is not changed, is exempt from the town-wide limit, Section 7.C.1, and the Building Permit will not count against the town wide limit.
4. Affordability Exemption: Any individual dwelling unit that meets the affordability criteria of Massachusetts General Laws Chapter 40B, and is not part of a larger project, is exempt from the town-wide limit, Section 7.C.1, and the Building Permit will not count against the town wide limit.
5. Conservation Lot Exemption: A permit for a dwelling unit to be constructed on a lot conforming to the provisions of Section 4 of these By-laws which has been carved out of the unrestricted portion of a parcel of which at least eighty percent (80%) is covered by a Conservation Restriction conforming to the provisions of Massachusetts General Law Chapter 184, Sections 31-33, is exempt from the provisions of Section 7 for a period of ten (10) years from the date the Conservation Restriction is recorded in the Franklin County Registry of Deeds, provided that no more than three such permits may be associated with any one so-restricted parcel. The Building Permit will not count against the town wide limit
E. ADMINISTRATION
1. Rules and Regulations: The Planning Board may adopt rules and regulations relative to the administration of this Section, and amend them from time to time. Copies of the rules and regulations shall be on file and available for review at the office of the Town Clerk.
2. Affordability Determination: The Planning Board shall be responsible for making affordability determinations as required by Massachusetts General Law 40B.
3. Order of Processing Applications for Building Permits: The Building Inspector shall not record an application as complete and received without verification that the applicant has complied with required development related reviews and approvals by the Conservation Commission, the Zoning Board of Appeals, the Board of Health, the Planning Board, the Highway Superintendent, and others as required by the General Laws of the Commonwealth of Massachusetts and the Bylaws of the Town of Warwick. As each complete application is received, the Building Inspector shall assign it a number in chronological order according to the date the completed application is received and shall grant a Building Permit in accordance with the provisions of this section.
4. Carryover of Applications from the Previous Year: Beginning January 1 of each year, the Building Inspector shall hold over from the previous year, and place at the head of the chronological list only those completed applications that were received previously but for which no building permit was issued. All other applicants, including those who received building permits for part of a proposed development, shall be assigned a place in chronological order upon submitting a completed application.
ARTICLE 29: VOTED in accordance with .Massachusetts General Laws Chapter 40, Section 4A to authorize the Selectboard to enter into an Inter Municipal Mutual Aid Agreement with one or more other municipal governmental units to provide public health, public works, and all other government services, which the Board of Health, Highway Department, and all other Town boards, departments, commissions, or positions are authorized to perform, in accordance with an inter municipal mutual aid agreement to be entered into between the Town and the governmental units.
ARTICLE 30: VOTED
1. To petition the General Court of the Commonwealth of Massachusetts to formally adopt a joint resolution requiring members of the United States House of Representatives to uphold their oath of office to support and defend the Constitution of the United States against all enemies foreign and domestic, by investigating impeachable actions taken by the incumbent President and Vice President of the United States; and
2. Instruct the Town Clerk to forward this petition to the State Senator and State Representative representing the Town of Warwick.
Motion to TABLE was voted down.
A true record of the action taken.
Jeannette Fellows, Town Clerk