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TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 27, 2021
ESSEX SS.
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY, MASSACHUSETTS
GREETINGS:
IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, YOU ARE HEREBY DIRECTED TO NOTIFY AND WARN THE
INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO VOTE IN TOWN AFFAIRS, TO MEET AT THE TRITON REGIONAL
HIGH SCHOOL AUDITORIUM AT 112 ELM STREET IN SAID TOWN OF NEWBURY (BYFIELD) ON TUESDAY, THE 27TH DAY OF
APRIL 2021, AT 7:00 P.M., TO ACT ON THE FOLLOWING ARTICLES, VIZ:
GENERAL GOVERNMENT MATTERS
ARTICLE 1. To meet in our respective voting districts on Tuesday, May 11, 2021, the polls will open at 7:00 AM and close at 8:00 PM,
to vote on the following offices:
Pct. 1 — Firefighter's Memorial Hall, 3 Morgan Ave.
Pct. 2 — Newbury Town Library — 0 Lunt St.
Position
Select Board (2)
Assessor
Board of Health
Constable
Constable
Fish Commissioner
Library Trustee (2)
Planning Board
Town Clerk
Triton Regional School Committee- Newbury Three Years
Triton Regional School Committee - Rowley Three Years
Triton Regional School Committee — Rowley Two Years (unexpired term)
Triton Regional School Committee - Salisbury Three Years
Trustee First Settlers Burial Ground Three Years
Term
Three Years
Three Years
Three Years
Three Years (unexpired term)
Four Years
Three Years
Three Years
Five Years
Three Years
ARTICLE 2. To receive the reports of the Select Board, School Committee, Regular and Special Committees, and all other Town
Officers, or take any other action in relation thereto.
ARTICLE 3. To see if the Town will fix the salaries and compensation of certain elective officers of the Town as follows:
Town Moderator
Select Board
Board of Assessors
Board of Assessors
Town Clerk
Tree Warden
Fish Commissioner
Planning Board
Planning Board
Board of Health
Board of Health Each
Each Member
Chair
Each Member
Chair
Member
$ 500.00
Each Member $ 7,500.00
Chair $ 3,500.00
Each Member $ 2,500.00
$63,538.00
$ 5,000.00
$ 1,300.00
$ 1,500.00
$ 1,000.00
$ 1,500.00
$ 1,000.00
CITIZEN'S PETITIONS
ARTICLE 4. To see if the Town will vote to change the date of the celebration of Halloween, including the practice of "Trick or Treat"
from the 31St of October to the first Saturday after the 31st of October unless the 31st of October falls on a Saturday, in which case the
celebration will be held on the 315t of October in that year.
Sponsored by: Marshall Jespersen
ARTICLE 5. "To see if the Town will vote to amend the Town of Newbury General Bylaws to require a two thirds vote of town meeting
members to adopt or amend all changes to chapter 95 wetlands bylaw".
Sponsored by: Bob Connors
APPROPRIATIONS
ARTICLE 6. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide to meet the
salaries and wages of Town Officers and employees, expense and outlays of the Town Departments, and other sundry and
miscellaneous, but regular expenditures necessary for the operation of the Town for Fiscal Year 2022;
General Govemment $ 2,535,707.00
Public Safety 3,102,244.00
Education 10,856,194.00
DPW 1,364,262.00
Human Services 353,132.00
Culture & Recreation 373,410.00
Debt Service 1,084,713.00
Benefits 1,865,814.00
Total Budget $21,535,476.00
or take any other action in relation thereto.
ARTICLE 7. To see if the Town will vote to raise and appropriate the sum of $100,000.00, or any other sum, to be added to the
Stabilization Fund; or take any other action in relation thereto.
ARTICLE 8. To see if the Town will vote to raise and appropriate the sum of $200,000.00, or any other sum, to fund Other Post -
Employment Benefits; or take any other action in relation thereto.
221
ARTICLE 9. To see if the Town will vote to raise and appropriate the sum of $25,000.00, or any other sum, for Storm Water
Management purposes; or take any other action in relation thereto.
ARTICLE 10. To see if the Town will vote to transfer or appropriate the sum of $95,050.00, or any other sum, from the Receipts
Reserved Cable Television PEG Access Special Revenue Fund, for the support of PEG access service and programming; or take any
other action in relation thereto.
ARTICLE 11. To see if the Town will vote to authorize the total expenditures for the following revolving funds pursuant to G.L. c. 44
Section 53E 1/2 for the fiscal year beginning July 1, 2021 to be expended in accordance with the bylaws heretofore approved;
Fund
Recreation Revolving Fund
Spending Limit
$50,000.00
Municipal Waterways Improvement and Maintenance Fund
or take any other action in relation thereto.
$55,000.00
ARTICLE 12. To see if the Town will vote to raise and appropriate or transfer from available funds the following sums, or any other
sums, to operate the Ambulance Enterprise;
Salaries & Wages
Expenses
Capital Outlay
Debt Service
Insurance
Medicare
Indirect Costs
Extraordinary/Unforeseen
Prior Year Deficit
Total:
$ 96,710.00
92,360.00
12,000.00
0.00
5,000.00
1,500.00
59,046.00
12,000.00
0.00
$ 278,616.00
And further that $278,616.00 be raised as follows:
Departmental Receipts $278,616.00
or take any other action in relation thereto.
ARTICLE 13. To see if the town will vote to transfer from available funds the sum of $4,895.00 to pay the following outstanding bill
from Fiscal Year 2020:
Patriot Properties Inc.
Keep it Safe
Or take any other action in relation thereto.
$4,800.00
95.00
ARTICLE 14. To see if the Town will vote to transfer the sum of $6,472.61 or any other sum, from the Receipts Reserved for
Appropriation Account to the Town Hall Project Account, or take any other action in relation thereto.
ARTICLE 15. To see if the Town will vote to transfer the sum of $574,323.50, or any other sum, from the Overlay Surplus to the Town
Hall Project Account; or act in relation thereto.
ARTICLE 16. To see if the Town will vote to transfer the sum of $1,500,000.00, or any other sum, from Free Cash to the Town Hall
Project Account; or act in relation thereto.
ARTICLE 17. To see if the Town will vote to transfer the sum of $100,000.00, or any other sum, from the Stabilization Fund to make
repairs to the Newbury Elementary School Roof; or act in relation thereto.
ARTICLE 18. To see if the Town will vote to transfer the sum of $13,820.00, or any other sum, from the Stabilization Fund to purchase
lawn mower; or act in relation thereto.
ARTICLE 19. To see if the Town will vote to transfer the sum of $54,625.00, or any other sum, from the Stabilization Fund to purchase
a dump truck; or act in relation thereto.
ARTICLE 20. To see if the Town will vote to transfer the sum of $5,000.00, or any other sum, from Free Cash to fund a Newbury
Celebration Event; or act in relation thereto.
ARTICLE 21. To see if the Town will vote to transfer the sum of $50,000.00, or any other sum, from Free Cash, to construct a
Basketball Court at the Central Street Recreation Area; or take any other action in relation thereto.
Bylaws
ARTICLE 22. To see if the Town will vote to petition the General Court to amend Chapter 460 of the Acts of 2008, An Act Establishing
a Selectmen -Administrator Form of Govemment for the Town of Newbury as follows:
• The title "Board of Selectmen" or "selectmen" shall be changed to "Select Board" throughout the Act.
SECTION 13
The following change shall be made:
• The title "town planner" shall be changed to "planning director"
SECTION 15
The following changes shall be made, (bold and underline new and strike -trough removed):
222
Prior to the last da of March the town administrator shall submit in writing
to the board of selectmen a careful detailed estimate of the probable expenditures of the town government for the ensuing
fiscal year, stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness
of the town, and showing specifically the amount necessary to be provided for each fund and department, together with a
statement of the expenditures of the town for the same purposes in the preceding year and an estimate of the expenditures for
the current year. The town administrator shall also submit a statement showing all revenues received by the town in the
preceding fiscal year together with an estimate of the receipts of the current year and an estimate of the amount of income
from all sources of revenue exclusive of taxes upon property in the ensuing year. The town administrator shall report the
probable amount required to be levied and raised by the taxation to defray all expenses and liabilities of the town. together
. For the purposes of enabling the town administrator to make
up the annual estimates of expenditures, all boards, offices, and committees of the town shall, durin the first week of
January , furnish all information in their possession and submit in writing to
the town administrator a detailed estimate of the appropriations required for the efficient and proper conduct of their respective
departments during the next fiscal year.
SECTION 16
The following changes shall be made, (bold and underline new and removed):
The board of selectmen shall consider the tentative budget submitted by the town administrator and make recommendations
relative thereto as it considers expedient and proper in the interests of the town.
atien*er-ef-the-finaRee-secria*tee—The select board shall transmit a copy of the budget, together with its recommendation
relative thereto, to each member of the finance committee, either at or before their joint meeting to finalize the budget for the
following fiscal year.
or take any action relative thereto.
ARTICLE 23. To see if the Town will vote to amend Article XI, section 97-11.0 of the Town of Newbury Zoning By -Law, by revising the
current subsection C as follows, with new language indicated by bold underline and deleted language indicated by ugh:
Section 97-11 Administration
C. Special Permits. ,
1. Procedures and Filin I Re uirements. Ana lication for a s ecial rmit shall be filed in accordance with the
followin :
2.
a. Procedures. Any special permit which shall hereafter be issued under this By -Law, whether by the Selectmen, by the
Planning Board, or by the Zoning Board of Appeals, shall be issued only following a public hearing held within 65 days
after the filing of a petition or application with said Selectmen, Planning Board, or Zoning Board of Appeals, as
appropriate, and provided that said applicant and/or petitioner has furnished written notice by U.S. Mail, certified or
registered, not less than 21 days prior to said public hearing to all adjoining owners -abutters and furnished evidence of
such written notice to the Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which
petition or application shall forthwith be given to the Town Clerk by the applicant. Any special permit granted under this
By -Law shall lapse 2 years from the date of the granting of such permit (including time required to pursue or await the
determination of an appeal from the grant thereof) if a substantial use thereof has not sooner commenced, or, in the case
of a permit for construction, if such construction has not begun by such date, unless such failure is for good cause. Uses,
whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a
matter of right, which activities are necessary in connection with scientific research or scientific development or related
production, may be permitted upon the issuance of a special permit by the Selectmen providing the Selectmen find that
the proposed accessory use does not substantially derogate from the public good. Petitions or applications for special
permits under the By -Law shall be submitted to and reviewed by the following (such, reviews may be held either jointly or
severally): the Board of Health, the Planning Board, the Conservation Commission and any other Board or Commission
of the Town to which petition or application to be submitted for review. Any such Board or Commission to which petitions
or applications are referred for review shall make such recommendations as they deem appropriate and shall send
copies thereof to the Selectmen, Planning Board, or zoning Board of Appeals, as applicable, and to the applicant;
provided, however, that failure of any such Board or Commission to make recommendations within 35 days of receipt by
such Board or Commission of the petition or application shall be deemed lack of opposition thereto.
b. Granting Authority. Exce t where otherwise desi nated herein or in the Table of Use Re ulations the Zonin
Board of eals shall act as the SPGA. When a five -member Planning Board has been designated as the special
permit -granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall
authorize/appoint the associate member who, upon the designation of the Chaim of the Planning Board, shall sit on
the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of
interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8]
Criteria. Special permits shall be granted by the SPGA, unless otherwise specified herein, only upon its written
determination that the adverse effects of the ro osed use will not outwei h its beneficial im ,cis to the Town or
neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In
addition to any other specific factors that may be set forth in this By -Law, the de
consideration of each of the following criteria:
a. Social economic or communit needs which are served b the
b. Traffic flow volume and vehicular and edestrian safe includi
ion shall include
with the most recent Town of Newbury Master Plan.
n
and loadinj
he
3. Conditions. S ecial ermits ma be ranted with such reasonable conditions safe wards or limitations on time or
as the SPGA ma deem necessaryto serve the rmurraoses of this By -Law
use, includin performance emuarantees
includin but not limited to the folio in front side or rear v^ards gyreater than the minimum required by this B
Law* screenin buffers or lantin stns fences or walls• exterior li htin • modification of the exterior a
of the structures limitation u on the size number of occu ants method and time of o e
ermit or extent of facilities• re ulation of number location of drivewa s or other traffic features•
arance
ration for the duration of
and off-street
arkin or loadin or others ecial features be and minimum re wired b this B -Law. Such conditions shall be
im osed in writin and the applicant ma be re wired to ost bond or other securit for cam liance with said
conditions in an amount satisfactory to the SPGA.
or take any other action in relation thereto.
ARTICLE 24. To see if the Town will vote to adopt/ re -adopt and accept the provisions of Section 20 of Chapter 32B of 2. 2.3
the Massachusetts General Laws, as amended by Section 15 of Chapter 218 of the Acts of 2016, establishing an Other Post -
Employment Benefits Liability Trust Fund; to authorize the Board of Selectmen and Treasurer to execute a declaration of trust creating
an expendable trust for the purpose of holding monies appropriated to such fund; to designate the Treasurer as the trustee of such
trust; to authorize the transfer of any and all monies currently held for the purpose of paying retiree health and life benefits to such trust;
and to authorize the trustee to invest and reinvest the monies in such fund accordance with the Prudent Investor Ride established
under Chapter 203C of the Massachusetts General Laws, or take any other action in relation thereto.
ARTICLE 25. To see if the Town will vote to amend the Newbury General By-laws by adding a new Chapter 8, Council on Aging, as
follows:
Chapter 8 Council on Aging
8-1 Establishment: There is hereby established a Council on Aging for the purpose of coordinating and carrying out programs
designed to meet the problems of the aging in coordination with programs of the department of elder affairs, pursuant to G.L.
c. 40, sec. 8B.
8-2 Membership: Said Council shall consist of up to nine residents, appointed by the Select Board, each for a term of three years
on a staggered basis so that three such members' terms expire each year. The Council on Aging shall annually choose a
chairman and other such officers as it deems appropriate.
8-3 Regulations and Operation: The Council may adopt regulations from time to time in order to carry out the purpose of this
Chapter and which are not inconsistent herewith.
Or take any other action relative thereto.
ARTICLE 26. To see if the Town will vote to accept the provision of G. L. c.59 section 5K to establish a program to allow persons over
the age of 60 to volunteer to provide services to such city or town. In exchange for such volunteer services, the city or town shall reduce
the real property tax obligations of such person over the age of 60 on her/his tax bills and any reduction so provided shall be in addition
to any exemption or abatement to which any such person is otherwise entitled and no such person shall receive a rate of, or be credited
with, more than the current minimum wage of the commonwealth per hour for services provided pursuant to such reduction nor shall the
reduction of the real property tax bill exceed $1,500 in a given tax year, or take any other action relative thereto.
ARTICLE 27. To see if the Town will vote to approve the updated and amended Triton Regional School Agreement, a copy of which is
on file with the Office of the Town Clerk; or to take any other action relative thereto.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY THEREOF IN EACH
VOTING DISTRICT, FOURTEEN DAYS AT LEAST BEFORE THE TIME OF HOLDING SAID MEETING.HEREOF, FAIL NOT, AND
MAKE DUE RETURN OF THE WARRANT WITH YOUR DOINGS THEREON TO THE TOWN CLERK AT THE TIME AND PLACE
AFORESAID. GIVEN UNDER OUR HANDS THIS 30th DAY OF MARCH, 2021.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED
COPY THEREOF IN EACH VOTING DISTRICT, FOURTEEN DAYS AT LEAST BEFORE THE TIME
OF HOLDING SAID MEETING.
HEREOF, FAIL NOT, AND MAKE DUE RETURN OF THE WARRANT WITH YOUR DOINGS
THEREON TO THE TOWN CLERK AT THE TIME AND PLACE AFORESAID.
GIVEN UNDER OUR HANDS THIS 30th DAY OF MARCH, 2021.
JR Cols"', Chair
Geoffrey Walk r
Geraldine Heavey
Alicia Greco, Vice Chair
/Z O�y�.
Michael Doyle
SELECT BOARD, TOWN OF NEWBURY A TRUE COPY ATTEST
PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HEREBY NOTIFY AND WARN THE
INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO VOTE IN TOWN AFFAIRS, TO
MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED.
DATE: CONSTABLE: / tip $
PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HAVE NOTIFIED AND WARNED
THE INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO VOTE IN TOWN AFFAIRS, TO
MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED.
DATE: CONSTABLE: 4A/.4.1)'
��� ' �'• 046t.3-,
TOWN OF NEWBURY
ANNUAL TOWN MEETING RESULTS
APRIL 27, 2021
Triton Regional High School
112 Elm St, Newbury MA 01922
Moderator Richard Bazirgan called the meeting to order at 7:00 PM. He thanked those present for attending and being a part of town
government. The Moderator reminded the audience to be respectful of one another's opinions and right to speak regardless of whether
they agree.
He declared that the required quorum of 40 voters was met.
The Pledge of Allegiance was led by Select Board Chair, JR Colby.
Members of the Select Board were introduced: Chair, JR Colby; Vice Chair, Alicia Greco; Clerk, Geoffrey Walker and members Michael
Doyle and Geraldine Heavey.
The Finance Committee was introduced: Chair, Marshall Jespersen; Vice Chair, Linda Allen; members Joseph Ali, Gene Case, Thomas
Howard and Erica Jacobsen. Committee member Kavy Yesair was not present.
Moderator Bazirgan introduced non-resident town employees: Lisa Mead, Town Counsel; Tracy Blois, Town Administrator; Eileen
Deveau, Town Accountant; John Lucey, Police Chief; Ethan Cohen, PEG Productions Specialist; Matthew Cooper, IT Director; Cindy
Currier, Council on Aging Director and Brian Forget, Triton Regional Superintendent.
Other guests included: Heather Alterisio, Newburyport News correspondent; Jessica Mancini, Turning Technologies Senior Event
Specialist; Representative Lenny Mirra and Senator Bruce Tarr.
A motion was made and seconded to allow the non-resident employees to speak during the meeting as appropriate.
Jessica Mancini from Turning Technologies presented information and instruction on the use of the response clickers. A test question
was voted to ensure the clickers were working properly.
GENERAL GOVERNMENT MATTERS
ARTICLE 1. To meet in our respective voting districts on Tuesday, May 11, 2021, the polls will open at 7:00 AM and close at 8:00 PM,
to vote on the following offices:
Pct. 1 — Firefighter's Memorial Hall, 3 Morgan Ave.
Pct. 2 — Newbury Town Library — 0 Lunt St.
Position
Select Board (2)
Assessor
Board of Health
Constable
Constable
Fish Commissioner
Library Trustee (2)
Planning Board
Town Clerk
Triton Regional School Committee- Newbury
Triton Regional School Committee - Rowley
Triton Regional School Committee — Rowley
Triton Regional School Committee - Salisbury
Trustee First Settlers Burial Ground
Term
Three Years
Three Years
Three Years
Three Years (unexpired term)
Four Years
Three Years
Three Years
Five Years
Three Years
Three Years
Three Years
Two Years (unexpired term)
Three Years
Three Years
ARTICLE 2. To receive the reports of the Select Board, School Committee, Regular and Special Committees, and all other Town
Officers, or take any other action in relation thereto.
MOTION: Chairman Colby - I move that the Town vote to accept the reports of the Town Officers, Boards, and Committees as printed
in the 2020 Town Report without ratification or authorization of any action.
Motion moved and seconded. Vote total: 124 in favor, 3 opposed. Motion passed.
ARTICLE 3. To see if the Town will fix the salaries and compensation of certain elective officers of the Town as follows:
Town Moderator
Select Board
Board of Assessors
Board of Assessors
Town Clerk
Tree Warden
Fish Commissioner
Planning Board
Planning Board
Board of Health
Board of Health
Each Member
Chair
Each Member
Each Member
Chair
Each Member
Chair
Each Member
$ 500.00
$ 7,500.00
$ 3,500.00
$ 2,500.00
$63,538.00
$ 5,000.00
$ 1,300.00
$ 1,500.00
$ 1,000.00
$ 1,500.00
$ 1,000.00
MOTION: Vice Chairwoman Greco - I move that the Town vote fix the salaries and compensation of the elective officers as listed in
Article 3.
Motion moved and seconded. Vote total: 114 in favor, 20 opposed. Motion passed.
225
CITIZEN'S PETITIONS
ARTICLE 4. To see if the Town will vote to change the date of the celebration of Halloween, including the practice of "Trick or Treat"
from the 31st of October to the first Saturday after the 31st of October unless the 31St of October falls on a Saturday, in which case the
celebration will be held on the 31St of October in that year.
Sponsored by: Marshall Jespersen
Motion: Marshall Jespersen, petition sponsor.
Motion moved and seconded. Vote total: 40 in favor, 101 opposed. Motion defeated.
ARTICLE 5. "To see if the Town will vote to amend the Town of Newbury General Bylaws to require a two thirds vote of town meeting
members to adopt or amend all changes to chapter 95 wetlands bylaw".
Sponsored by: Bob Connors
Motion: Bob Connors, petition sponsor.
Motion moved and seconded. Vote total: 69 in favor, 76 opposed. Motion defeated.
APPROPRIATIONS
ARTICLE 6. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide to meet the
salaries and wages of Town Officers and employees, expense and outlays of the Town Departments, and other sundry and
miscellaneous, but regular expenditures necessary for the operation of the Town for Fiscal Year 2022;
General Govemment $ 2,535,707.00
Public Safety 3,102,244.00
Education 10,856,194.00
DPW 1,364,262.00
Human Services 353,132.00
Culture & Recreation 373,410.00
Debt Service 1,084,713.00
Benefits 1,865,814.00
Total Budget $21,535,476.00
or take any other action in relation thereto.
MOTION: Selectman Walker - I move that the Town vote to raise and appropriate the sum of $20,964,308.00 and to transfer $571,168.00
from the Special Assessment Fund to fund the operation of the Town in Fiscal Year 2022 as set forth in Article 6.
Motion moved and seconded. Vote total: 112 in favor, 21 opposed. Motion passed.
ARTICLE 7. To see if the Town will vote to raise and appropriate the sum of $100,000.00, or any other sum, to be added to the
Stabilization Fund; or take any other action in relation thereto.
MOTION: Selectman Doyle - I move that the Town vote to raise and appropriate the sum of $100,000.00 to be added to the Stabilization
fund.
Motion moved and seconded. Vote total: 100 in favor, 33 opposed. Motion passed.
ARTICLE 8. To see if the Town will vote to raise and appropriate the sum of $200,000.00, or any other sum, to fund Other Post -
Employment Benefits; or take any other action in relation thereto.
MOTION: Selectwoman Heavey - I move that the Town vote to raise and appropriate the sum of $200,000.00 to be added to the Other
Post -Employment Benefits Trust Account.
Motion moved and seconded. Vote total: 111 in favor, 23 opposed. Motion passed.
Prior to the introduction of Article 9, Bob Connors, Chairman of the Police Station Building Project Construction Committee, provided an
update on the construction schedule and project budget.
ARTICLE 9. To see if the Town will vote to raise and appropriate the sum of $25,000.00, or any other sum, for Storm Water
Management purposes; or take any other action in relation thereto.
MOTION: Chairman Colby - I move that the Town to raise and appropriate the sum of $25,000.00 to the Storm Water Management
Account.
Motion moved and seconded. Vote total: 93 in favor, 42 opposed. Motion passed.
ARTICLE 10. To see if the Town will vote to transfer or appropriate the sum of $95,050.00, or any other sum, from the Receipts
Reserved Cable Television PEG Access Special Revenue Fund, for the support of PEG access service and programming; or take any
other action in relation thereto.
MOTION: Vice Chairwoman Greco - I move that the Town vote appropriate the sum of $95,050.00 from the Receipts Reserved Cable
Television PEG Access Special Revenue Fund to support PEG access service and programming.
Motion moved and seconded.
An amendment was introduced by Selectman Doyle. There was discussion at length regarding legalities of the amendment. The
Moderator denied the amendment based on the legal opinions that the town had received.
Vote total: 84 in favor, 49 opposed. Motion passed.
ARTICLE 11. To see if the Town will vote to authorize the total expenditures for the following revolving funds pursuant to G.L. c. 44
Section 53E Y2 for the fiscal year beginning July 1, 2021 to be expended in accordance with the bylaws heretofore approved;
Fund
Recreation Revolving Fund
Spending Limit
Municipal Waterways Improvement and Maintenance Fund
$50,000.00
$55,000.00
or take any other action in relation thereto.
MOTION: Selectman Walker - I move that the Town vote to authorize that the total expenditures for the following revolving funds for the
Fiscal Year beginning July 1, 2021 to be expended in accordance with Chapter 35 of the Code of the Town of Newbury:
Recreation Revolving Fund $50,000.00
Municipal Waterway Improvement and Maintenance Fund $55,000.00
Motion moved and seconded. Vote total: 107 in favor, 24 opposed. Motion passed.
ARTICLE 12. To see if the Town will vote to raise and appropriate or transfer from available funds the following sums, or any other
sums, to operate the Ambulance Enterprise;
Salaries & Wages $ 96,710.00
Expenses 92,360.00
Capital Outlay 12,000.00
Debt Service 0.00
Insurance 5,000.00
Medicare 1,500.00
Indirect Costs 59,046.00
Extraordinary/Unforeseen 12,000.00
Prior Year Deficit 0.00
Total: $ 278,616.00
And further that $278,616.00 be raised as follows:
Departmental Receipts $ 278,616.00
or take any other action in relation thereto.
MOTION: Selectman Doyle - I move that the Town vote to appropriate the following sums of money to operate the ambulance enterprise
fund:
Salaries & Wages $ 96,710.00
Expenses 92,360.00
Capital Outlay 12,000.00
Debt Service 0.00
Insurance 5,000.00
Medicare 1,500.00
Indirect Costs 59,046.00
Extraordinary/Unforeseen 12,000.00
Prior Year Deficit 0.00
Total: $ 278,616.00
And further that $278,616.00 be raised as follows: Departmental Receipts $278,616.00
Motion moved and seconded. Vote total: 127 in favor, 9 opposed. Motion passed.
ARTICLE 13. To see if the town will vote to transfer from available funds the sum of $4,895.00 to pay the following outstanding bill
from Fiscal Year 2020:
Patriot Properties Inc.
Keep it Safe
Or take any other action in relation thereto.
$4,800.00
95.00
MOTION: Selectwoman Heavey - I move that the Town transfer from Free Cash the sum of $4,895.00 to pay the following outstanding
bills from Fiscal Year 2020:
Patriot Properties Inc.
Keep it Safe
$4,800.00
95.00
4/5 Vote Required
Motion moved and seconded. Vote total: 126 in favor, 9 opposed. Motion passed.
ARTICLE 14. To see if the Town will vote to transfer the sum of $6,472.61 or any other sum, from the Receipts Reserved for
Appropriation Account to the Town Hall Project Account, or take any other action in relation thereto.
MOTION: Chairman Colby - I move that the Town transfer the sum of 6,472.61 from the Receipts Reserved for Appropriation Account to
the Town Hall Project Account.
Motion moved and seconded. Vote total: 98 in favor, 34 opposed. Motion passed.
DA -
ARTICLE 15. To see if the Town will vote to transfer the sum of $574,323.50, or any other sum, from the Overlay Surplus to the Town
Hall Project Account; or act in relation thereto.
MOTION: Vice Chairwoman Greco - I move that the Town transfer the sum of $574,323.50 from the Overlay Surplus to the Town Hall
Project Account.
Motion moved and seconded. Vote total: 83 in favor, 49 opposed. Motion passed.
ARTICLE 16. To see if the Town will vote to transfer the sum of $1,500,000.00, or any other sum, from Free Cash to the Town Hall
Project Account; or act in relation thereto.
MOTION: Selectman Walker - I move that the Town transfer the sum of $1,500,000.00 from Free Cash to the Town Hall Project Account.
An amendment was introduced by Jack Rybicki, 37 Larkin Road. The Moderator ruled that the amendment was beyond the scope of
the original article.
Motion moved and seconded. Vote total: 64 in favor, 70 opposed. Motion defeated.
ARTICLE 17. To see if the Town will vote to transfer the sum of $100,000.00, or any other sum, from the Stabilization Fund to make
repairs to the Newbury Elementary School Roof; or act in relation thereto.
MOTION; Selectman Doyle - I move that the Town transfer the sum of $100,000.00 from the Stabilization Fund to make repairs to the
Newbury Elementary School Roof.
2/3 Vote Required
Motion moved and seconded. Vote total: 118 in favor, 14 opposed. Motion passed with greater than 2/3 vote.
ARTICLE 18. To see if the Town will vote to transfer the sum of $13,820.00, or any other sum, from the Stabilization Fund to purchase
lawn mower; or act in relation thereto.
MOTION: Selectwoman Heavey — I move that the Town transfer the sum of $13,820.00 from the Stabilization Fund to purchase lawn
mower.
2/3 Vote Required
Motion moved and seconded. Vote total: 109 in favor, 16 opposed. Motion passed with greater than 2/3 vote.
ARTICLE 19. To see if the Town will vote to transfer the sum of $54,625.00, or any other sum, from the Stabilization Fund to purchase
a dump truck; or act in relation thereto.
MOTION: Chairman Colby - I move that the Town transfer the sum of $54,625.00, or any other sum, from the Stabilization Fund to
purchase a dump truck.
2/3 Vote Required
Motion moved and seconded. Vote total: 111 in favor, 16 opposed. Motion passed with greater than 2/3 vote.
ARTICLE 20. To see if the Town will vote to transfer the sum of $5,000.00, or any other sum, from Free Cash to fund a Newbury
Celebration Event; or act in relation thereto.
MOTION: Vice Chairwoman Greco - I move that the Town transfer the sum of $5,000.00, or any other sum, from Free Cash to fund a
Newbury Celebration Event.
Cultural Council Chair Robin Lawson and resident Heidi Fram presented information and some of the current ideas for a proposed
Newbury Town Day, an event for all ages which will take place in May/June 2022 to celebrate community spirit. A planning session will
be held on Saturday May 22, 2021.
Motion moved and seconded. Vote total: 118 in favor, 9 opposed. Motion passed.
ARTICLE 21. To see if the Town will vote to transfer the sum of $50,000.00, or any other sum, from Free Cash, to construct a
Basketball Court at the Central Street Recreation Area; or take any other action in relation thereto.
MOTION: Selectman Walker — I move that the Town transfer the sum of $50,000.00, or any other sum, from Free Cash, to construct a
Basketball Court at the Central Street Recreation Area.
Moved and seconded.
Mike Volpone, Chair of the Newbury Recreation Facility made a brief presentation regarding the need for additional funding for the
project due to an increase in construction costs.
Vote total: 90 in favor, 37 opposed. Motion passed.
Bylaws
ARTICLE 22. To see if the Town will vote to petition the General Court to amend Chapter 460 of the Acts of 2008, An Act Establishing
a Selectmen -Administrator Form of Government for the Town of Newbury as follows:
• The title "Board of Selectmen" or "selectmen" shall be changed to "Select Board" throughout the Act.
SECTION 13
The following change shall be made:
• The title "town planner" shall be changed to "planning director"
SECTION 15
The following changes shall be made, (bold and underline new and stfike4rweugh removed):
Prior to the last da of March , the town administrator shall submit in writing
to the board of selectmen a careful detailed estimate of the probable expenditures of the town government for the ensuing
fiscal year, stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness
of the town, and showing specifically the amount necessary to be provided for each fund and department, together with a
statement of the expenditures of the town for the same purposes in the preceding year and an estimate of the expenditures for
the current year. The town administrator shall also submit a statement showing all revenues received by the town in the
preceding fiscal year together with an estimate of the receipts of the current year and an estimate of the amount of income
from all sources of revenue exclusive of taxes upon property in the ensuing year. The town administrator shall report the
probable amount required to be levied and raised by the taxation to defray all expenses and liabilities of the town. togothor
For the purposes of enabling the town administrator to make
up the annual estimates of expenditures, all boards, offices, and committees of the town shall, during the first week of
January , furnish all information in their possession and submit in writing to
the town administrator a detailed estimate of the appropriations required for the efficient and proper conduct of their respective
departments during the next fiscal year.
SECTION 16
The following changes shall be made, (bold and underline new and strike #hro removed):
The board of selectmen shall consider the tentative budget submitted by the town administrator and make recommendations
relative thereto as it considers expedient and proper in the interests of the town.
The select board shall transmit a copy of the budget, together with its
recommendation relative thereto, to each member of the finance committee, either at or before their joint meeting to
finalize the budget for the following fiscal year.
or take any action relative thereto.
MOTION: Vice Chair Greco - I move that the Town vote to authorize the Board of Selectmen to petition the general court of the
Commonwealth of Massachusetts to amend Chapter 460 of the Acts of 2008; and to see if the Town will vote to amend the Newbury
General Bylaws, to replace all gendered references to "Board of Selectmen" with "Select Board"; and further to amend Sections 13, 15
and 16 as printed in the Warrant; and further to authorize the Selectmen to make any other changes as to form in order to effectuate the
purpose of this Article.
Motion moved and seconded. Vote total: 65 in favor, 44 opposed. Motion passed.
ARTICLE 23. To see if the Town will vote to amend Article XI, section 97-11.0 of the Town of Newbury Zoning By -Law, by revising the
current subsection C as follows, with new language indicated by bold underline and deleted language indicated by stri :
Section 97-11 Administration
C. Special Permits.
1. Procedures and Filing Requirements. An application fora special permit shall be filed in accordance with the
following
a. Procedures. Any special permit which shall hereafter be issued under this By -Law, whether by the Selectmen, by the
Planning Board, or by the Zoning Board of Appeals, shall be issued only following a public hearing held within 65 days
after the filing of a petition or application with said Selectmen, Planning Board, or Zoning Board of Appeals, as
appropriate, and provided that said applicant and/or petitioner has furnished written notice by U.S. Mail, certified or
registered, not less than 21 days prior to said public hearing to all adjoining owners -abutters and furnished evidence of
such written notice to the Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which
petition or application shall forthwith be given to the Town Clerk by the applicant. Any special permit granted under this
By -Law shall lapse 2 years from the date of the granting of such permit (including time required to pursue or await the
determination of an appeal from the grant thereof) if a substantial use thereof has not sooner commenced, or, in the case
of a permit for construction, if such construction has not begun by such date, unless such failure is for good cause. Uses,
whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a
matter of right, which activities are necessary in connection with scientific research or scientific development or related
production, may be permitted upon the issuance of a special permit by the Selectmen providing the Selectmen find that
the proposed accessory use does not substantially derogate from the public good. Petitions or applications for special
permits under the By -Law shall be submitted to and reviewed by the following (such reviews may be held either jointly or
severally): the Board of Health, the Planning Board, the Conservation Commission and any other Board or Commission
of the Town to which petition or application to be submitted for review. Any such Board or Commission to which petitions
or applications are referred for review shall make such recommendations as they deem appropriate and shall send
copies thereof to the Selectmen, Planning Board, or zoning Board of Appeals, as applicable, and to the applicant;
provided, however, that failure of any such Board or Commission to make recommendations within 35 days of receipt by
such Board or Commission of the petition or application shall be deemed lack of opposition thereto.
b. Granting Authority. Except where otherwise designated herein or in the Table of Use Regulations, the Zonin
Board of Afaoeals shall act as the SPGA. When a five -member Planning Board has been designated as the special
permit -granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall
authorize/appoint the associate member who, upon the designation of the Chairs of the Planning Board, shall sit on
the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of
interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8]
2. Criteria. Special permits shall be granted by the SPGA unless otherwise s ecified herein, only upon its written
determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the
neighborhood, in view of theparticularcharacteristics of the site, and of the proposal in relation to that site. In
addition to any other specific factors that may be set forth in this By -Law, the determination shall include
consideration of each of the following criteria:
219
a. Social, economic, or community needs which are served by the proposal;
b. Traffic flow, volume, and vehicular and pedestrian safety, including traffic related to parking and loading;,
c. Adequacy of utilities and other public services,
d. Neighborhood and community character,
e. Impacts on adiacent properties, neighborhoods, and zoning districts;
f. impacts on the natural environment,
g. Potential fiscal impact, including impact on Town services, tax base, and employment; and
h. Consistency with the most recent Town of Newbur rw,Master Plan.
3. Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or
use includin erformance uarantees as the SPCA ma deem necessa to serve the u oses of this B -Law
including,, but not limited to, the following: front side, or rear yards greater than the minimum required by this Bv-
Law; screening buffers or planting strips, fences, or walls; exterior lighting; modification of the exterior appearance
of the structures; limitation upon the size, number of occupants, method and time of operation for the duration of
permit, or extent of facilities; regulation of number, location of driveways or other traffic features; and off-street
parking or loading or other special features beyond minimum required by this By -Law. Such conditions shall be
imposed in writing, and the applicant may be required to post bond or other security for compliance with said
conditions in an amount satisfactory to the SPGA.
or take any other action in relation thereto.
MOTION: Selectwoman Heavey - I move to amend Article XI, section 97-11.0 of the Town of Newbury Zoning By -Law, by revising the
current subsection C as printed in the Warrant.
2/3 Vote Required
Motion moved and seconded. Vote total: 55 in favor, 46 opposed. Motion defeated as the 2/3 vote requirement was not met.
Prior to Article 24, the Moderator recognized Senator Bruce Tarr and Representative Lenny Mirra's attendance at the meeting
ARTICLE 24. To see if the Town will vote to adopt/ re -adopt and accept the provisions of Section 20 of Chapter 32B of
the Massachusetts General Laws, as amended by Section 15 of Chapter 218 of the Acts of 2016, establishing an Other Post -
Employment Benefits Liability Trust Fund; to authorize the Board of Selectmen and Treasurer to execute a declaration of trust creating
an expendable trust for the purpose of holding monies appropriated to such fund; to designate the Treasurer as the trustee of such
trust; to authorize the transfer of any and all monies currently held for the purpose of paying retiree health and life benefits to such trust;
and to authorize the trustee to invest and reinvest the monies in such fund accordance with the Prudent Investor Rule established
under Chapter 203C of the Massachusetts General Laws, or take any other action in relation thereto.
MOTION: Chairman Colby - I move that the Town affirm its prior actions and adopt provisions of Section 20 of Chapter 32B of the
Massachusetts General Laws, as amended by Section 15 of Chapter 218 of the Acts of 2016, establishing an Other Post- Employment
Benefits Liability Trust Fund; to authorize the Board of Selectmen and Treasurer to execute a declaration of trust creating an expendable
trust for the purpose of holding monies appropriated to such fund; to designate the Treasurer as the trustee of such trust; to authorize the
transfer of any and all monies currently held for the purpose of paying retiree health and life benefits to such trust; and to authorize the
trustee to invest and reinvest the monies in such fund accordance with the Prudent Investor Rule established under Chapter 203C of the
Massachusetts General Laws.
Motion moved and seconded. Vote total: 79 in favor, 18 opposed. Motion passed.
ARTICLE 25. To see if the Town will vote to amend the Newbury General By-laws by adding a new Chapter 8, Council on Aging, as
follows:
Chapter 8 Council on Aging
8-1 Establishment: There is hereby established a Council on Aging for the purpose of coordinating and carrying out programs
designed to meet the problems of the aging in coordination with programs of the department of elder affairs, pursuant to G.L.
c. 40, sec. 8B.
8-2 Membership: Said Council shall consist of up to nine residents, appointed by the Select Board, each for a term of three years
on a staggered basis so that three such members' terms expire each year. The Council on Aging shall annually choose a
chairman and other such officers as it deems appropriate.
8-3 Regulations and Operation: The Council may adopt regulations from time to time in order to carry out the purpose of this
Chapter and which are not inconsistent herewith.
Or take any other action relative thereto.
MOTION: Vice Chairwoman Greco - I move that the Town amend the Town of Newbury General Bylaws by adding a new Chapter 8,
Council on Aging as printed in the Warrant.
Motion moved and seconded. Vote total: 90 in favor, 5 opposed. Motion passed.
ARTICLE 26. To see if the Town will vote to accept the provision of G. L. c.59 section 5K to establish a program to allow persons over
the age of 60 to volunteer to provide services to such city or town. In exchange for such volunteer services, the city or town shall reduce
the real property tax obligations of such person over the age of 60 on her/his tax bills and any reduction so provided shall be in addition
to any exemption or abatement to which any such person is otherwise entitled and no such person shall receive a rate of, or be credited
with, more than the current minimum wage of the commonwealth per hour for services provided pursuant to such reduction nor shall the
reduction of the real property tax bill exceed $1,500 in a given tax year, or take any other action relative thereto.
MOTION: Selectman Walker - I move that the Town accept the provisions of G. L. c.59 section 5K to establish a program to allow
persons over the age of 60 to volunteer to provide services to such city or town. In exchange for such volunteer services, the city or town
shall reduce the real property tax obligations of such person over the age of 60 on her/his tax bills and any reduction so provided shall
be in addition to any exemption or abatement to which any such person is otherwise entitled and no such person shall receive a rate of,
or be credited with, more than the current minimum wage of the commonwealth per hour for services provided pursuant to such reduction
nor shall the reduction of the real property tax bill exceed $1,500 in a given tax year.
Motion moved and seconded. Vote total: 95 in favor, 2 opposed. Motion passed.
ARTICLE 27. To see if the Town will vote to approve the updated and amended Triton Regional School Agreement, a copy of which is
on file with the Office of the Town Clerk; or to take any other action relative thereto.
MOTION: Selectwoman Heavey - I move that the Town approve the updated and amended Triton Regional School Agreement dated
April 2, 2020.
Motion moved and seconded. Vote total: 89 in favor, 7 opposed. Motion passed.
Joseph McDonough, 43 Main Street, moved to reconsider Article 10. The Moderator denied the motion.
Motion to adjourn was made by Selectman Colby. The motion was seconded and the meeting was adjoumed at 9:16 PM.
A total of 143 voters attended the meeting.
Resp Ily submitted,
Leslie A. Haley, Town Clerk
Election Results for Newbury MA May 1'i, 2021
SELECTMEN (3 YR.) (Vote for 2)
GEOFFREY H. WALKER*
ALICIA R. GRECO*
DANA J. PACKER
BLANKS
WRITE-INS
ASSESSOR (3 YR.)
FN BUDD KELLEY III*
BLANKS
WRITE-INS
BOARD OF HEALTH (3 YR.)
ELAINE A. BYRNE*
BLANKS
WRITE-INS
CONSTABLE (4 YR.)
R. PERRY COLLINS*
BLANKS
WRITE-INS
CONSTABLE (3 YR. UNEXP. TERM)
THOMAS H. HOWARD
BLANKS
WRITE-INS
FISH COMMISSIONER 3 YEAR TERM
JOSEPH P. "PETE" FOTINO*
BLANKS
WRITE-INS
LIBRARY TRUSTEE (3 YR) (Vote for 2)
TERRY A. LITTERST
RICHARD M. RAVEN
BLANKS
WRITE-INS
PLANNING BOARD (5 YR)
PETER C. PAICOS, JR. *
BLANKS
WRITE-INS
TOWN CLERK (3 YR)
LESLIE A. HALEY*
BLANKS
WRITE-INS
TRUSTEE FIRST SETTLERS BURIAL GROUND (3 YR.)
PATRICK]. GORMLEY
BLANKS
WRITE-INS
TRITON REGIONAL SCHOOL COMMITTEE
NEWBURY FOR 3 YEARS
PAUL GOLDNER*
MATTHEW LANDERS
BLANKS
WRITE-INS
ROWLEY FOR 3 YEARS
SUSANNAH M. COPELAND
BLANKS
WRITE-INS
A
ROWLEY FOR 2 YEARS (UNEXP. TERM)
NERISSA R. WALLEN*
BLANKS
WRITE-INS
SALISBURY FOR 3 YEARS
LINDA M. LITCOFSKY*
BLANKS
WRITE-INS
Ballots Cast:
Number of registered voters:
Voter Turn -Out %:
Pct. 1
Pct. 1
Pct. 2
375
395
334
224
0
456
208
0
450
212
2
426
235
3
447
214
3
444
217
3
419
395
514
0
407
250
7
522
142
0
485
178
1
291
263
110
0
295
368
1
283
380
1
287
377
0
Pct. 2
TOTAL
399
414
380
254
1
539
183
2
504
219
1
485
237
2
507
215
2
497
226
1
477
460
510
1
466
256
2
539
185
0
507
217
0
309
326
87
2
358
366
0
350
372
2
351
373
0
664
724 1388j
2803
24%
2806
5609
26% 25%1
TOTAL
774
809
714
478
1
995
391
2
954
431
3
911
472
5
954
429
5
941
443
4
896
855
1024
1
873
506
9
1061
327
0
992
395
1
600
589
197
2
653
734
1
633
752
3
638
750
0
PROOF
2776
1388
1388
1388
1388
1388
2776
1388
1388
1388
1388
1388
1388
1388
TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 26, 2022
NEWBURY ELEMENTARY SCHOOL
63 HANOVER STREET, NEWBURY, MA 01951
Moderator Richard Bazirgan called the meeting to order at 7:00 PM. He thanked those present for attending and being a
part of town government. The Moderator reminded everyone to be respectful and courteous to others while speaking
regardless of matters of opinion.
The Moderator declared that the quorum of 40 voters was met.
Jessica Mancini from Turning Technologies presented information and instruction on use of the response clickers.
Everyone had the opportunity to vote on test questions to ensure that the clickers were working.
The Pledge of Allegiance was led by Select Board Chair, Alicia Greco.
The Moderator recognized and thanked Select Board member Michael Doyle for his many years of service to the Town of
Newbury.
Members of the Select Board were introduced: Chair, Alicia Greco; Vice Chair, JR Colby; Clerk, Geoffrey Walker; Michael
Doyle; and Geraldine Heavey (not in attendance)
The Finance Committee was introduced: Chair, Erica Jacobsen; Vice Chair, Marshall Jespersen; Linda Allen, Joseph Ali;
Gene Case (not in attendance); Thomas Howard and Frank Visconti.
The Moderator also introduced non-resident town employees: Lisa Mead, Town Counsel; Tracy Blais, Town
Administrator; Eileen Deveau, Town Acountant; John Lucey, Police Chief; Ethan Cohen, PEG Productions Specialist;
Matthew Cooper, IT Director; Cindy Currier, Council on Aging Director; Brian Forget, Superintendent Triton; Maureen
Lynch, Whittier Superintendent; and David Maxson, Isotrope LLC.
A motion was made and seconded to allow the non-resident employees to speak during the meeting.
Vote Total: 105 in favor, 22 opposed. Motion passed.
Other guests included: Deputy Police Chief Patty Fisher; Jessica Mancini, Turning Technologies Event Specialist;
Representative Lenny Mirra; Lillian Craig, Assistant Town Accountant; Chris Czernik, Annie Jacobsen, Kathleen Moore,
Julia Blanchet, Lynne Peabody, and Virginia Leigh.
GENERAL GOVERNMENT MATTERS
ARTICLE 1. To meet in our respective voting districts on Tuesday, May 10, 2022, the polls will open at 7:00 AM and
close at 8:00 PM, to vote on the following offices:
Pct. 1 – Firefighter’s Memorial Hall, 3 Morgan Ave.
Pct. 2 – Newbury Town Library – 0 Lunt St.
Position Term
Select Board Three Years
Assessor Three Years
Board of Health Three Years
Constable Four Years
Fish Commissioner Three Years
Library Trustee Three Years
Planning Board Five Years
Triton Regional School Committee- Newbury Three Years
Triton Regional School Committee - Rowley Three Years
Triton Regional School Committee - Salisbury Three Years
Trustee First Settlers Burial Ground Three Years
ARTICLE 2. To receive the reports of the Select Board, School Committee, Regular and Special Committees, and all
other Town Officers, or take any other action in relation thereto.
Alicia Greco, Select Board Chair, welcomed all and spoke about the 2.1 million ARPA funds the Town of Newbury
received and how a portion had been used to purchase capital expenditures such as a Police vehicle, Fire Department
vehicle and a vehicle for the Fish Commissioner. She talked about what the Select Board goals and responsibilities are;
developing budgets and long term capital projects.
Erica Jacobson, Finance Chair, spoke on the Finance Committee responsibilities.
Robin Lawson of 9 Lenway Road and Heidi Fram of 21 Forest Street, co-chairs of Newbury Town Day, outlined the
purpose of the June 18th event as well as what will be offered. Both spoke on the treasures of our town and the variety of
activities and the locations where each will be taking place. They encouraged all to attend.
MOTION: Chairman Greco – I move that the Town vote to accept the reports of the Town Officer, Boards, and
Committees as printed in the 2021 Town Report without ratification or authorization of any action.
Motion moved and seconded. Vote total: 114 in favor, 12 opposed. Motion passed.
ARTICLE 3. To see if the Town will fix the salaries and compensation of certain elective officers of the Town as
follows:
Town Moderator $ 500.00
Select Board Each Member $ 7,500.00
Board of Assessors Chair $ 3,500.00
Board of Assessors Each Member $ 2,500.00
Town Clerk $65,394.00
Tree Warden $ 5,000.00
Fish Commissioner Each Member $ 1,300.00
Planning Board Chair $ 1,500.00
Planning Board Each Member $ 1,000.00
Board of Health Chair $ 1,500.00
Board of Health Each Member $ 1,000.00
MOTION: Vice Chair JR Colby – I move that the Town vote to fix the salaries and compensation of the elective officers as
listed in Article 3.
Motion moved and seconded. Vote total: 152 in favor, 28 opposed. Motion passed.
CITIZEN’S PETITIONS
ARTICLE 4. To see if the Town will vote to transfer or appropriate the sum of $20,000, or any other sum, from the Free
Cash Fund, to fund the purchase and installation of a Public Safety Gate at the Georgetown/Larkin Road Bridge; or take
any other action in relation thereto.
Submitted by: Justin Londergan, 38 Larkin Road
Justin Londergan, 38 Larkin Road, spoke to the crowd on the history of the Larking Road Bridge closing and his public
safety concerns. Robert Ross, 48 Central Street, also expressed his concerns and support of the installation of a public
safety gate.
Lisa Mead, Town Counsel: Both Georgetown and Newbury will have to agree on the installation of the gate as well as the
discontinuance of Larkin Road.
Motion: Justin Londergan, petition sponsor.
Motion moved and seconded. Vote total: 118 in favor, 58 opposed. Motion passed.
ARTICLE 5. To see if the Town will vote to limit the FY 2023 Total Operating Budget to a maximum increase of 2.0%
from the FY 2022 Total Operating Budget.
Submitted by: Jim Moran, 104 Elm Street
Motion: Jim Moran, petition sponsor.
Motion moved and seconded. Vote total: 42 in favor, 112 opposed. Motion failed.
ARTICLE 6. To see if the Town will vote to transfer the sum of $1,000,000 from Free Cash to the FY 2023 Total
Operating Budget.
Submitted By: Jim Moran, 104 Elm Street
Motion: Jim Moran, petition sponsor.
Motion moved and seconded. Vote total: 36 in favor, 115 opposed. Motion failed.
APPROPRIATIONS
ARTICLE 7. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide to
meet the salaries and wages of Town Officers and employees, expense and outlays of the Town Departments, and other
sundry and miscellaneous, but regular expenditures necessary for the operation of the Town for Fiscal Year 2023;
General Government $ 2,659,558.00
Public Safety 3,193,563.00
Education 11,165,192.00
DPW 1,433,578.00
Human Services 499,470.00
Culture & Recreation 439,905.00
Debt Service 1,074,713.00
Benefits 1,982,409.00
Total Budget $22,448,388.00
Or take any other action in relation thereto.
Motion: Selectman Geoffrey Walker – I move that the Town vote to raise and appropriate the sum of $22,005,683.00 and
to transfer $442,705.00 from the Special Assessment Fund to fund the operation of the Town in Fiscal Year 2023 as set
forth in Article 7.
Motion moved and seconded. Vote total: 117 in favor, 33 opposed. Motion passed.
ARTICLE 8. To see if the Town will vote to raise and appropriate the sum of $125,000.00, or any other sum, to be added
to the Stabilization Fund; or take any other action in relation thereto.
MOTION: Selectman Mike Doyle – I move that the Town vote to raise and appropriate the sum of $125,000.00 to be
added to the Stabilization Fund.
Motion moved and seconded. Vote total: 117 in favor, 32 opposed. Motion passed.
ARTICLE 9. To see if the Town will vote to transfer from available funds the sum of $200,000.00, or any other sum, to
fund Other Post-Employment Benefits; or take any other action in relation thereto.
MOTION: Chair Alicia Greco -I move that the Town vote to transfer the sum of $200,000.00 from Free Cash to be added
to the Other Post-Employment Benefits Trust Account.
Motion moved and seconded. Vote total: 108 in favor, 38 opposed. Motion passed.
ARTICLE 10. To see if the Town will vote to transfer or appropriate the sum of $95,050.00, or any other sum, from the
Receipts Reserved Cable Television PEG Access Special Revenue Fund, for the support of PEG access service and
programming; or take any other action in relation thereto.
MOTION: Chair Alicia Greco - I move that the Town vote appropriate the sum of $95,050.00 from the Receipts Reserved
Cable Television PEG Access Special Revenue Fund to support PEG access service and programming.
Motion moved and seconded. Vote total: 125 in favor, 23 opposed. Motion passed.
ARTICLE 11. To see if the Town will vote to authorize the total expenditures for the following revolving funds pursuant to
G.L. c. 44 Section 53E ½ for the fiscal year beginning July 1, 2022 to be expended in accordance with the bylaws
heretofore approved;
Fund Spending Limit
Recreation Revolving Fund $50,000.00
Municipal Waterways Improvement and Maintenance Fund $55,000.00
Or take any other action in relation thereto.
MOTION: Vice Chair JR Colby - I move that the Town vote to authorize the total expenditures for the following revolving
funds for the Fiscal Year beginning July 1, 2022 to be expended in accordance with Chapter 35 of the Code of the Town
of Newbury:
Recreation Revolving Fund $50,000.00
Municipal Waterway Improvement and Maintenance Fund $55,000.00
Motion moved and seconded. Vote total: 132 in favor, 13 opposed. Motion passed.
ARTICLE 12. To see if the Town will vote to raise and appropriate or transfer from available funds the following sums, or
any other sums, to operate the Ambulance Enterprise;
Salaries & Wages $ 104,381.00
Expenses 92,360.00
Capital Outlay 12,000.00
Debt Service 0.00
Insurance 5,000.00
Medicare 2,195.00
Indirect Costs 60,382.00
Extraordinary/Unforeseen 12,000.00
Prior Year Deficit 0.00
Total: $ 288,318.00
And further that $288,318.00 be raised as follows:
Departmental Receipts $288,318.00
Or take any other action in relation thereto.
MOTION: Selectman Geoffrey Walker - I move that the Town vote to appropriate the following sums of money to operate
the Ambulance Enterprise Fund:
Salaries & Wages 104,381.00
Expenses 92,360.00
Capital Outlay 12,000.00
Debt Service 0.00
Insurance 5,000.00
Medicare 2,195.00
Indirect Costs 60,382.00
Extraordinary/Unforeseen 12,000.00
Prior Year Deficit 0.00
Total: $ 288,318.00
And further that $288,318.00 be raised as follows:
Departmental Receipts $288,318.00
Motion moved and seconded. Vote total: 132 in favor, 12 opposed. Motion passed.
ARTICLE 13. To see if the Town will vote to transfer from available funds the sum of $40,000.00 or any other sum, to
purchase a cardiac monitor, or take any other action in relation thereto.
MOTION: Selectman Mike Doyle - I move that the Town vote to appropriate the sum of $40,000.00 from the Ambulance
Enterprise Free Cash to purchase a cardiac monitor.
Motion moved and seconded. Total vote: 132 in favor, 13 opposed. Motion passed.
ARTICLE 14. To see if the town will vote to transfer from available funds the sum of $552.00 to pay the following
outstanding bill from Fiscal Year 2021:
Security Team $552.00
Or take any other action in relation thereto.
MOTION: Vice Chair JR Colby - I move that the Town transfer from Free Cash the sum of $552.00 to pay the following
outstanding bill from Fiscal Year 2021: 4/5 Vote required.
Security Team $552.00
Motion moved and seconded. Total vote: 127 in favor, 16 opposed. Motion passed by greater than 4/5.
ARTICLE 15. To see if the Town will vote to transfer from available funds the sum of $45,000.00 or any other sum, to
construct a Police Department Archive/Squad Room, or take any other action in relation thereto.
MOTION: Chair Alicia Greco - I move that the Town transfer the sum of $20,000.00 from the Stabilization Fund to
construct a Police Department Archive/Squad Room. 2/3 Vote Required.
Chief Lucey described the use for the proposed area as secure archival storage and a quiet, functional space to follow up
on cases, write reports and for layovers during long shifts.
Motion was moved and seconded. Total vote: 107 in favor, 40 opposed. Motion passed by greater than 2/3.
ARTICLE 16. To see if the Town will vote to transfer from available funds the sum of $22,000.00 or any other sum, to
purchase solar powered speed/crosswalk signs, or take any other action in relation thereto.
MOTION: Vice Chair JR Colby - I move that the Town transfer the sum of $22,000.00 from the Stabilization Fund to
purchase solar powered speed/crosswalk signs. 2/3 Vote Required.
Chief John Lucey explained that the solar powered radar boards can collect data to help steer enforcement efforts and are
portable.
Motion was moved and seconded. Vote total: 125 in favor, 22 opposed. Motion passed by greater than 2/3.
ARTICLE 17. To see if the Town will vote to transfer from available funds the sum of $100,000.00, or any other sum, to
make repairs to the Newbury Elementary School Roof; or act in relation thereto.
MOTION: Selectman Geoffrey Walker - I move that the Town transfer the sum of $100,000.00 from the Stabilization Fund
to make repairs to the Newbury Elementary School Roof. 2/3 Vote Required.
Motion was moved and seconded. Vote total: 136 in favor, 9 opposed. Motion passed by greater than 2/3.
ARTICLE 18. To see if the Town will vote to transfer from available funds the sum of $241,000.00, or any other sum, to
purchase a dump truck; or act in relation thereto.
MOTION: Selectman Geoffrey Walker - I move that the Town transfer the sum of $241,000.00 from the Stabilization Fund
to purchase a dump truck. 2/3 Vote Required.
Motion moved and seconded. Vote total: 110 in favor, 30 opposed. Motion passed by greater than 2/3.
ARTICLE 19. To see if the Town will vote to transfer from available funds the sum of $2,500,000.00, or any other sum, to
the Town Hall Project Account; or act in relation thereto.
MOTION: Chair Alicia Greco - I move that the Town transfer the sum of $2,500,000.00 from Free Cash to the Town Hall
Project Account.
A brief discussion ensued. Jack Rybicki of Larkin Road commented on how a similar transfer was voted down last year
due to lack of a plan and there is still no plan presented to date. He would like to see the money stay in free cash to give
taxpayers more options.
Ginny Noyes of Noyes Lane commented that we need to get town offices back where they belong.
Motion was moved and seconded. Vote total: 72 in favor, 69 opposed. Motion passed
Bylaws
ARTICLE 20. To see if the Town of Newbury will vote to approve the Triton Regional School District Committee’s vote on
March 9, 2022 to establish a Stabilization Fund, pursuant to Section 16G ½ of Chapter 71 of the Massachusetts General
Laws, said Stabilization Fund to be invested and to retain its own interest earnings as provided by law and further set up
an operational line item to be created to transfer available monies into said Stabilization Fund; or take any other action
relative thereto.
MOTION: Vice Chair JR Colby - I move that the Town vote to approve the Triton Regional School District Committee’s
vote on March 9, 2022 to establish a Stabilization Fund, pursuant to Section 16G ½ of Chapter 71 of the Massachusetts
General Laws, said Stabilization Fund to be invested and to retain its own interest earnings as provided by law and further
set up an operational line item to be created to transfer available monies into said Stabilization Fund.
Motion was moved and seconded. Vote total: 89 in favor, 21 opposed. Motion passed.
ARTICLE 21. To see if the Town will vote to amend the Code of the Town of Newbury, Chapter 97, Zoning, Article IV,
REGULATIONS OF OVERLAY DISTRICTS, by deleting § 97-4.C. Wireless Communications Services Overlay District
and replacing it with a new § 97-4.C. Wireless Communications Facilities, as follows:
A. Wireless Communications Facilities.
1. Purpose:
a) The purpose of this Zoning Bylaw is to establish regulations for the placement, construction
and modification of Wireless Communications Facilities (WCF) through which Wireless
Communications Services (WCS) may be provided while preserving and protecting the public
health, safety and general welfare. Specifically, these WCF regulations have been created to:
(1) Protect the general public from hazards associated with WCFs;
(2) Minimize visual impacts from WCFs;
(3) Protect the scenic, historic, natural and human-made resources of the Town;
(4) Protect property values;
(5) Enable the provision of Personal Wireless Services (PWS) in a manner
consistent with federal law;
(6) Enable the town to enjoy the benefits of an effective wireless communications
infrastructure.
2. Tower Use Restrictions.
a) A Wireless Communications Tower District (WCTD) has been created to enable wireless
communications services to operate on tower-mounted facilities. A Wireless Communications
Tower (WCT) may be erected by special permit in the following locations:
(1) Business/Light Industrial District.
b) New WCTs are allowed by Special Permit and site plan review and approval from the
Planning Board in the WCTD, initially for the deployment of Personal Wireless Service
Facilities (PWSF), pursuant to the Town of Newbury Zoning By-Laws and subject to the
criteria and to site plan approval as set forth in this Zoning By-Law. Additional WCFs,
including without limitation, PWSFs, may be added to lawfully existing WCTs through the
Special Permit process and/or the Eligible Facilities Request process, as applicable.
Approval of a new WCF is subject to the following determinations by the Planning Board:
(1) The benefits to the Town outweigh any adverse effects of the proposed tower
and facility in view of the particular characteristics of the site and its
surroundings.
(2) The communications needs served by the proposed WCT are of substantial
benefit to the Town;
(3) Traffic flow and safety, including parking and loading are not significantly
impacted;
(4) The proposed WCT does not significantly impact the adequacy of utilities and
other public services;
(5) The proposed WCT does not significantly impact neighborhood character and
natural environment, including, without limitation, aesthetics, visual blight and
noise;
(6) The proposed facility is consistent with the requirements of Site Plan Review set
forth in §97-9;
(7) Potential fiscal impacts, including impacts on Town services, tax base and
employment are not detrimental;
(8) Potential hazards due to radio frequency energy, operations (such as falling
object risks), traffic and other relevant factors, are appropriately addressed.
c) A WCT may be erected only in the WCTD, subject to the following conditions:
(1) To the extent feasible, all PWS providers shall collocate their antennas on a
single tower, unless limiting a tower’s collocation capacity produces a
demonstrably better result, singly and collectively, balancing the visual and other
impacts of a single tall tower with the potential impacts of multiple shorter towers
or other solutions to address the needs of providing service to an area of Town.
Towers shall be designed to structurally accommodate the maximum technically
practicable number of foreseeable users for their approved height;
(2) New towers shall be considered only upon a finding by the Planning Board that
existing or approved towers, or alternatives involving other i) existing structures
or ii) placements of WCF antennas in the public way, cannot address the
coverage needs with less overall impact;
(3) Any new WCT shall be of the monopole type only and no lattice or guy-wire
towers shall be permitted, unless the Planning Board finds an alternative design,
including without limitation, disguised or camouflage design is an appropriate
solution for the context of the site and surroundings.
(4) The highest point of any tower or of any antenna or any component thereof or
attachment thereto, with the exception of lightning rods and public safety
antennas, shall not exceed whichever is greater: 65 feet above ground or such
greater height necessary to provide adequate service based on a finding that the
applicant has made a substantial showing of the need for the height and the lack
of less impactful alternatives.
(5) Finished grades shall not be distorted above the preexisting natural grades to
achieve additional height.
(6) A WCT shall not be erected nearer to any property line than a distance equal to
the vertical height of the WCT with appurtenances, measured at the mean
finished grade of the tower base. Upon finding that a better result is obtained by
reducing the setback by up to 50% of the height of the tower facility, the Planning
Board may reduce this requirement.
(7) The area around a tower, including its communication equipment and shelters,
shall be completely fenced for security to a height of six feet, and gated; and a
sign shall be posted on or adjacent to all entry gates indicating the facility owner
and a twenty-four-hour emergency telephone number. The Planning Board may
waive this requirement if it finds the site design provides for the necessary
security in another way.
3. General Use Restrictions.
a) WCFs are permitted in all districts subject to the following requirements, provided that new
tower-based WCFs are further limited to the WCTD.
b) To the extent feasible, all utility interconnections to a WCF shall be via underground lines,
except where existing overhead lines may be utilized. The Planning Board may waive this
requirement upon a finding that the installation of new overhead lines is substantially not
visible to adjacent properties.
c) Existing on-site vegetation shall be preserved to the maximum extent practicable.
d) The WCF shall minimize, to the extent feasible, adverse visual effects on the environment.
The Planning Board may impose reasonable conditions to ensure this result, including
concealments and mitigations such as: camouflage, screening, architectural design, height or
other visibility limitations, and painting and lighting requirements or limitations.
e) Traffic associated with the WCF shall not adversely affect abutting ways.
f) The applicant shall obtain written, legally valid and binding authorization for the use of each
facility site/structure from the owner(s) thereof.
g) Applicants shall demonstrate the proposed use, expanded to its projected maximum capacity,
will be compliant with federal requirements regarding the limitation of human exposure to
radio frequency energy.
h) Noise generated by any WCF, including auxiliary generators, shall not exceed 50 dBA at
ground level at any non-residential property line and 35 dBA at any residential property line.
The Planning Board may waive this restriction on a finding that the applicant demonstrated by
professional technical analysis the noise generated by the facility is essentially inaudible to
the public, based on the submittal requirements in Section 4. Generators may be excepted
from this criterion, provided the Planning Board may require generator noise mitigation to
minimize generator noise nuisance.
i) A WCF may be installed on an existing structure, provided the installation is compatible with
the context of its surroundings. Such facilities will employ best practices to design a facility
that does not appear visually objectionable, denigrate the historic or scenic fabric of the
community, produce visual blight, obscure scenic or safety viewlines, or conflict with the
character of its surroundings. The Planning Board may require such facilities to be concealed
by architectural features consistent with the location, camouflaged by coloring and/or shape,
and/or screened by vegetation or other construction. Camouflage/concealment solutions are
preferred not only because they improve visual impacts, but also because they establish
performance requirements for future collocators and for modifications under “Eligible
Facilities Requests” criteria imposed under federal law. Under the federal Eligible Facilities
Request criteria, a new WCF operator might be allowed by right to join a structure or building
with an existing approved WCF, unless the existing WCF has been permitted with conditions
that give the permit granting authority more control over future WCF collocators.
j) Heights of existing structures, other than WCTs, may be increased by up to 12 feet for
attachment of antennas and related hardware, subject to the visual impact and other criteria
in this bylaw. Such heights may exceed the height limit for the zoning district.
4. Submittal requirements.
a) As part of any application for a special permit for a WCF, applicants shall determine whether
the application is also subject to the Town of Newbury Site Plan Review regulations (Ch. 97
Art. IX, §97-9.A) Clause (4) Review Thresholds and include all material required for site plan
review applications with the special permit application. When the special permit submission
requirements overlap any site plan review submission requirements, a single submission
addressing the overlapping requirements is acceptable. Notwithstanding the foregoing, all
applications for a new WCT shall be considered Level II – Major Projects for the purposes of
site plan review. Applicants that are required to comply with federal National Environmental
Policy Act (NEPA) requirements shall submit their NEPA report with their application in
support of their site plan review submission requirements. The Planning Board may waive
any Site Plan Review submission requirements it deems not relevant to the application.
b) Applicants for a new or modified WCT shall describe the capacity of any tower, including the
number and types of antennas and associated equipment to be mounted on the tower, and
the number of projected collocators that it can accommodate, and the basis for the
calculation of tower capacity.
c) The applicant for any WCF or WCT shall describe and show any accessory structures,
equipment, utilities and other related development required to build and operate the facility.
d) Applicants shall submit:
(1) The name and address of the applicant and all agents of the applicant and of all
legal and beneficial owners of the site or sites proposed for a wireless
communication facility, copies of all instruments, options, contracts or
encumbrances affecting ownership of the site or sites;
(2) A copy of the applicant's FCC license (and/or the licenses of any other WCF
operators committed to using the facility, accompanied by evidence of such
commitment);
(3) Applications for a new WCT shall include a PWS provider as co-applicant or
evidence of a binding commitment by a PWS provider to occupy the WCT upon
installation;
(4) An instrument executed by all persons or entities owning the property (site and
structure, if the owners are different) proving that the applicant is authorized by
them to make the application and agreeing to comply with provisions of this
Zoning Bylaw;
(5) A statement signed by the applicant, on oath and under penalties of perjury, that
all information included in the submittal is materially accurate, true, complete and
verifiable. Inaccurate, misleading or false information shall be grounds for
disapproval of the application or revocation of approval;
(6) Plans and other information identifying the site proposed, including:
(a) A map at an appropriate scale (to be determined by the Planning Board),
showing lot lines of the subject property and of all properties within 500 feet
of the perimeter of the facility and showing the footprint of all buildings on
all such properties;
(b) Location on a copy of the Town Maps of the zoning district, including any
overlay district, applicable to such properties;
(c) The heights of all existing buildings and structures on such properties and
the height of any proposed new structure on the subject property;
(d) If a WCT is proposed: height of existing tree cover on such properties,
specifying heights and principal species;
(e) Plans and elevation drawings showing the design of the proposed facility,
site development requirements, contours, grade changes, utilities,
structures and fences, and environmental characteristics (such as wetlands
and flood zones).
(7) Photographs depicting views of the proposed WCF from locations off the parcel.
For WCT applications, the applicant shall be required to conduct a balloon/crane
test at the location of a proposed tower or antenna to show its height and
visibility.
(a) Such test shall be conducted two weeks prior to the public hearing and
shall be advertised at the applicant's expense in a newspaper of general
circulation in Newbury at least one week prior to the test.
(b) Written notice of the test shall also be given to the owners of property
within 300 feet of the proposed property.
(c) A photosimulation report from a balloon/crane test, including report
methodology, existing and simulated view photos, and map of photo
locations. Photosimulations photographs shall be made with a focal length
equivalent to a reference 35 mm film “full-frame” camera equipped with 50-
55 mm focal length lens.
(d) To improve efficiency, the Planning Board may delegate the oversight of a
balloon test to staff, including determining whether a balloon test should
occur prior to application or be left to the Planning Board’s discretion in the
hearing.
(e) A complete description, including, but not limited to, data, drawings,
catalogs, brochures, manufacturers' specifications, photographs and all
other pertinent information relevant to the proposal describing antennas,
equipment mounts and all other equipment and structures proposed for the
site or related to the proposal; plus all of the information required by By-
law.
(f) Data as to noise, certified by an acoustical engineer, demonstrating
compliance with the noise requirement in Section (3) above. Alternatively,
the applicant may request a waiver of strict compliance with the noise
requirement by providing a report from an acoustical engineer using
quietest-hour 90th percentile background noise measurements of existing
ambient noise and projections of the noise contribution of the proposed
WCF to demonstrate the WCF noise will not be a nuisance to the
community. The Planning Board may waive these submission
requirements upon a finding that the general noise information submitted
with the application is sufficient, which, for example, might apply to a
proposed WCF with no noise-generating components or with indoor
installation of equipment.
(g) If the applicant intends to assert that non-approval of the requested special
permit would constitute an effective prohibition of Personal Wireless
Services under the Telecommunications Act of 1996, the applicant shall
include substantial evidence demonstrating:
i) that there is a significant gap in service (coverage, for example),
ii) there are no better alternatives available, and
iii) if applicable, how a non-approval would materially inhibit the
applicant’s ability to provide Personal Wireless Services.
5. Review and action by the Planning Board. The Planning Board shall review and act upon an
application for a special permit (and, when applicable, site plan review and approval) for a WCF
in accordance with applicable provisions of MGL c. 40A, §§ 9 and 11; and in accordance with this
Zoning By-Law; and:
a) Shall make such investigation as it deems appropriate to determine whether the application
meets the requirements of § 97-4.C.(2) through § 97-4.C.(4);
b) May engage a radio frequency engineer, an acoustic engineer and such other professional
consultants as it deems necessary to assist and advise it in its investigation and
determination, whose services will be paid for by the applicant;
c) Shall require of each applicant and each holder of a special permit and site plan approval
hereunder reasonable deposit for and reimbursement of all fees for the employment of
appropriate consultants, which deposit shall be requested and held only for a specific inquiry
by the Town in accordance with G.L. c. 44 sec. 53G;
d) Notice to parties in interest shall be given in accordance with the requirements under MGL
Ch. 40A;
e) Shall render a written decision based on substantial evidence in the record within any
statutory time limits established under state and federal law, including applicable tolling or
extensions thereof.
6. Small Wireless Facilities Outside Rights-of-Way.
a) The purpose and intent of this bylaw section is to permit regulation of the installation of Small
Wireless Facilities outside of rights-of-way so as to respect the neighborhood characteristics
in which they are proposed, consistent with the purposes set forth in § 97-4.C.(1) and with
federal and state law.
b) All installations of Small Wireless Facilities outside of rights-of-way require a Special Permit.
The Special Permit Granting Authority for Small Wireless Facilities outside rights-of-way is
the Planning Board.
c) The Planning Board shall adopt and from time to time amend policies, rules, and regulations
relative to the issuance of special permits under this Section §97-4.C.6. A copy of the
policies, rules, and regulations shall be on file with the Town Clerk. Such rules shall prescribe
the form, contents, style, and number for application forms, the fees collectible with the
applications, the process by which the application will be reviewed, the design and location
criteria for approval, the time within which the Planning Board will issue a decision, and
requirements for recertification.
7. Monitoring and inspections.
a) If a wireless communications facility is determined to be in violation of any of the provisions of
the special permit and/or site plan approval or any other applicable law or regulation, the
Planning Board shall cause to be served on the operator of the facility and the owner of the
land on or from which the violation is caused notice of such violation.
b) The Building Commissioner and/or the Planning Board may, upon reasonable concern
regarding compliance with specific performance requirements, require the permittee(s) to
respond with proof of compliance and may engage the services of independent expert
consultants to assess compliance or review the permittee’s response. Permittees must
respond in a timely way (within 24 hours for an indicated life-threatening emergency,
otherwise 14 days for routine requests for response). Failure to respond in good faith or to
pay reasonable fees for independent consultants may result in revocation of the special
permit by the Planning Board or the occupancy/use permit by the Building Commissioner, as
applicable.
8. Compliance and violations.
a) Every WCF for which a special permit is granted hereunder shall continue at all times to
comply with the provisions thereof and of this Zoning By-Law; and the holder of such special
permit shall comply with requirements of the Planning Board in fulfillment of the provisions for
monitoring herein.
b) Every WCF and every application for a special permit for such facility shall comply with all
other applicable provisions of this Zoning By-Law, including, without limitation, requirements
with respect to:
(1) The permit application;
(2) Special permits;
(3) Signs and exterior lighting;
(4) Site plan approval for WCTs and for any other WCF that satisfies the criteria for
site plan review and approval.
9. Modifications and Eligible Facilities Requests.
a) Any modifications to an already approved WCF not defined as an Eligible Facilities Request
defined herein, shall be made through the special permit/site plan review and approval
process described above. Such modifications involving new permittees at existing permitted
sites shall require an application for a new special permit. Such modifications of existing
permitted facilities may be reviewed as an application for a special permit modification, if
applicable. The foregoing apply also to Eligible Facilities Requests, to the extent as outlined
in (b) below and to the extent allowed by law.
b) Request for Modification of Eligible Facilities.
(1) Submission Requirements. Applications for an Eligible Facilities Request shall
be filed with the Building Commissioner. Applications shall contain information in
sufficient detail, including without limitation site plans and drawings of existing
and proposed conditions, to demonstrate the proposed modifications satisfy the
following requirements:
(a) The currently operating WCF is constructed and maintained in compliance with
its existing permit(s), including but not limited to its dimensions and
appearance as permitted;
(b) Such information as is necessary to demonstrate that the modifications are within
the limits established for Eligible Facilities Requests under federal law and
such information as is necessary to demonstrate compliance with the existing
permit to the extent it is not superseded by federal law, and applicable safety
regulations including without limitation, building codes, noise and radio
frequency energy exposure;
(c) To render a determination on whether an application is an Eligible Facilities
request, the Building Commissioner may require the applicant to provide
documentation or information only to the extent reasonably related to
determining whether the request meets the requirements of an Eligible
Facilities Request. The Building Commissioner may not require an applicant
that is asserting in writing that the application is an Eligible Facilities Request to
submit any other documentation, including but not limited to documentation
intended to illustrate the need for such wireless facilities or to justify the
business decision to modify such wireless facilities.
c) Review process.
(1) The Building Commissioner shall conduct an initial review of the application to
determine: 1) whether the application is a bona fide Eligible Facilities Request,
and 2) whether the application is complete. The Building Commissioner shall
notify the applicant within thirty (30) days of receipt of the application if the
application is deemed incomplete and/or whether the application is not an
Eligible Facilities Request or requires the determination of the Planning Board as
to its eligibility. Such notice shall delineate all missing documents or information.
(2) If the Building Commissioner determines that the facts of the application require
the judgment of the Planning Board to determine whether an application is an
Eligible Facilities Request (such as for interpreting whether a proposal
qualitatively defeats the intent of a previously approved camouflage design), the
Building Commissioner shall timely refer the application to the Planning Board for
an opinion on whether the application qualifies as an Eligible Facilities Request.
The Planning Board, or staff, if so delegated by the Planning Board, shall
respond in a timely manner, being cognizant of the federal shot clock for Eligible
Facilities Requests.
(3) If the application is determined to be an Eligible Facilities Request, and otherwise
complies with applicable safety regulations, the Building Commissioner may not
deny and shall approve the application, with such conditions as may be
necessary to maintain safety code compliance.
(4) If the application is determined not to be an Eligible Facilities Request, the
Building Commissioner shall provide the applicant with an explanation in writing.
(5) If an applicant that is aggrieved by the Building Commissioner failing to make a
determination in favor of a claimed Eligible Facilities Request timely files an
appeal with the Zoning Board of Appeals, the Zoning Board of Appeals shall
conduct its appeal review. The Zoning Board of Appeals may consult with the
Planning Board or staff, if so delegated by the Planning Board, who shall respond
in a timely manner, being cognizant of the federal shot clock for Eligible Facilities
Requests but shall not be required to do so.
(6) Approval. Within sixty (60) days of the filing of a bona fide Eligible Facilities
Request, plus any time that may be excluded pursuant to a tolling for
incompleteness or by agreement between the applicant and the Building
Commissioner, the Building Commissioner shall complete the statutory review
under building, electrical and other relevant safety codes. If the bona fide Eligible
Facilities Request application is deemed compliant under statutory review, the
Building Commissioner must approve the application.
(7) As of the date of adoption of this bylaw, federal regulations specified
requirements for state/local government review of Eligible Facilities Requests.
Those requirements in 47 CFR 1.6100(c) Review of applications, are included for
reference, below. Section 1.16100(b) Definitions, is omitted here, as the
Definitions herein are based on Section 1.16100(b). Section 1.6100(c) is
reproduced below as guidance only, because the regulations can change and
case-law can affect their interpretation:
47 CFR 1.6100(c) Review of applications. A State or local government may not
deny and shall approve any eligible facilities request for modification of an
eligible support structure that does not substantially change the physical
dimensions of such structure.
(1) Documentation requirement for review. When an applicant asserts in
writing that a request for modification is covered by this section, a State or
local government may require the applicant to provide documentation or
information only to the extent reasonably related to determining whether
the request meets the requirements of this section. A State or local
government may not require an applicant to submit any other
documentation, including but not limited to documentation intended to
illustrate the need for such wireless facilities or to justify the business
decision to modify such wireless facilities.
(2) Timeframe for review. Within 60 days of the date on which an applicant
submits a request seeking approval under this section, the State or local
government shall approve the application unless it determines that the
application is not covered by this section.
(3) Tolling of the timeframe for review. The 60-day period begins to run when
the application is filed, and may be tolled only by mutual agreement or in
cases where the reviewing State or local government determines that the
application is incomplete. The timeframe for review is not tolled by a
moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the reviewing State or local
government must provide written notice to the applicant within 30 days of
receipt of the application, clearly and specifically delineating all missing
documents or information. Such delineated information is limited to
documents or information meeting the standard under paragraph (c)(1)
of this section.
(ii) The timeframe for review begins running again when the applicant
makes a supplemental submission in response to the State or local
government's notice of incompleteness.
(iii) Following a supplemental submission, the State or local government
will have 10 days to notify the applicant that the supplemental
submission did not provide the information identified in the original notice
delineating missing information. The timeframe is tolled in the case of
second or subsequent notices pursuant to the procedures identified in
this paragraph (c)(3). Second or subsequent notices of incompleteness
may not specify missing documents or information that were not
delineated in the original notice of incompleteness.
(4) Failure to act. In the event the reviewing State or local government fails to
approve or deny a request seeking approval under this section within the
timeframe for review (accounting for any tolling), the request shall be
deemed granted. The deemed grant does not become effective until the
applicant notifies the applicable reviewing authority in writing after the
review period has expired (accounting for any tolling) that the application
has been deemed granted.
(5) Remedies. Applicants and reviewing authorities may bring claims related to
Section 6409(a) to any court of competent jurisdiction.
47 CFR 1.6100(c).
10. Removal.
a) If a WCT is not substantially in commercial operation for a period of one year, it shall be
removed, and the site shall be returned to its preexisting condition by the owner of the facility
and/or by the owner of the property within 180 days of notice by the Town. As part of an
application for any wireless communications tower, a plan shall be submitted detailing how
the site will be returned to its preexisting condition, including planting of replacement trees,
grading and removal of all structures and waste and any other work that may be required by
the Planning Board.
11. Exemption.
a) The following type of wireless communications facilities and towers are exempt from this
Zoning Bylaw:
(1) Amateur radio towers and antennas used in accordance with the terms of any
amateur radio service license issued by the FCC, provided that the tower is not
used or licensed for any commercial purpose.
(2) Wireless communications facilities constructed by the Town of Newbury for
municipal public safety and operational communications purposes.
12. Definitions:
a) Base station. A structure or equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower as defined herein or any equipment
associated with a tower.
(1) The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services,
as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
(2) The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including Distributed
Antenna Systems and small-cell networks).
(3) The term includes any structure other than a tower that, at the time the relevant
application is filed, supports or houses equipment described in paragraphs (1)
through (2) above that has been reviewed and approved under the applicable
zoning or other regulatory process, even if the structure was not built for the sole
or primary purpose of providing such support.
(4) The term does not include any structure that, at the time the application is filed,
does not support or house equipment described in paragraphs (i) through (ii)
above.
(Based on 47 CFR 1.6100)
b) Eligible Facilities Request. Any request for modification of an existing tower or base station
that does not substantially change the physical dimensions of such tower or base station,
involving:
(1) Collocation of new transmission equipment on an eligible support structure;
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
(Based on 47 CFR 1.6100)
c) Eligible support structure. Any tower or base station, provided that it is lawfully existing at the
time the application is filed with the Town.
(Based on 47 CFR 1.6100)
d) Substantial change. A modification substantially changes the physical dimensions of an
eligible support structure if it meets any of the following criteria:
(1) For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet,
whichever is greater; for other eligible support structures, it increases the height
of the structure by more than 10% or more than ten feet, whichever is greater;
(a) Changes in height should be measured from the original support structure in
cases where deployments are or will be separated horizontally, such as on
buildings' rooftops; in other circumstances, changes in height should be
measured from the dimensions of the tower or base station, inclusive of
originally approved appurtenances and any modifications that were approved
prior to the passage of the Spectrum Act.
(2) For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by m ore than six feet;
(3) For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and base
stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside the current site;
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in 01) through 04) above.
(Based on 47 CFR 1.6100)
e) Tower or Wireless Communications Tower (WCT). Any structure built for the sole or primary
purpose of supporting any FCC-licensed or -authorized antennas and their associated
facilities, including structures that are constructed for wireless communications services
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul, and
the associated site.
(Based on 47 CFR 1.6100)
f) Wireless Communications Facility (WCF). An installation of equipment belonging to one party
that includes antennas, transmitters and/or receivers, other ancillary equipment, structural
supports, enclosures, and utilities, that uses the radio frequency spectrum to communicate on
one or more frequency bands.
g) Personal Wireless Service (PWS). Commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services (47 USC 332(C)).
h) Personal Wireless Service Facility (PWSF). A WCF for the provision of Personal Wireless
Services;
i) Small wireless facilities are facilities that meet each of the following conditions:
(1) The facilities:
(a) Are mounted on structures 50 feet or less in height including their antennas (as
defined by the FCC: an apparatus designed for the purpose of emitting
radiofrequency (RF) radiation, to be operated or operating from a fixed
location); or
(b) Are mounted on structures no more than 10 percent taller than other adjacent
structures; or
(c) Do not extend existing structures on which they are located to a height of more
than 50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna
equipment (equipment, switches, wiring, cabling, power sources, shelters or
cabinets associated with an antenna, located at the same fixed location as
the antenna), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated
equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under FCC regulations;
and
(5) The facilities do not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards.
(Definition derived from 47 CFR §1.6002)
or take any other action in relation thereto.
MOTION: Selectman Geoffrey Walker - I move that the Town vote to amend the Code of the Town of Newbury, Chapter
97, Zoning, Article IV, REGULATIONS OF OVERLAY DISTRICTS, by deleting § 97-4.C., Wireless Communications
Services Overlay District and replacing it with a new § 97-4.C. Wireless Communications Facilities, as printed in the
Finance Committee Appropriations Booklet. 2/3 Vote required.
Planning Board vice-chair, Larry Murphy, presented an overview of the Wireless communications Bylaw and opened it up
to any questions. Steve Mangion, 14th Street, voiced concern with potential Plum Island Business District impact.
Motion was moved and seconded. Vote total: 86 in favor, 16 opposed. Motion passed.
ARTICLE 22. To see if the Town will vote to amend the Code of the Town of Newbury, Chapter 88, Streets, Sidewalks
and Commons, by adopting a new Section 88-15, Small Wireless Facilities in rights-of-way, as follows: § 88-15 Small
Wireless Facilities in rights-of-way.
A. Small Wireless Facilities in Rights-of-Way: No person shall install or maintain a Small Wireless Facility in any public or
private right-of-way unless first approved by the Select Board.
B. Policies and Procedures: The Select Board shall adopt and from time to time amend policies, rules, and regulations
relative to the issuance of special permits under this § 88-15. A copy of the policies, rules, and regulations shall be on
file with the Town Clerk. Such rules shall prescribe the form, contents, style, and number for application forms, the
fees collectible with the applications, the process by which the application will be reviewed, the design and location
criteria for approval, the time within which the Board of Selectmen will issue a decision, and requirements for
recertification.
Or take any other action in relation thereto.
MOTION: Selectman Michael Doyle - I move that the Town vote to amend the Code of the Town of Newbury, Chapter 88,
Streets, Sidewalks and Commons, by adopting a new Section 88-15, Small Wireless Facilities in rights-of-way, as written
in the Finance Committee Appropriations Booklet.
Motion was moved and seconded. Vote total: 86 in favor, 18 opposed. Motion passed.
Motion to adjourn was made by Moderator. The motion was seconded and the meeting was adjourned at 8:47 PM.
A total of 180 voters attended the meeting.
Respectfully submitted,
Leslie Haley, Town Clerk